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Measures of Jilin Province for Implementation of the Law of the People’s Republic of China on Protection of Rights and Interests of Returned Overseas Chinese Family Members of Overseas Chinese
2008/12/30     Source:

(Adopted at the 30th session of the Standing Committee of the 7th People's Congress of Jilin Province on September 14, 1992)

Article 1 With a view to protecting the lawful rights and interests of Returned Overseas Chinese and Family Members of Overseas Chinese, these Measures are formulated in accordance with the provisions as specified in Article 21 of the Law of the People’s Republic of China on Protection of Rights and Interests of Returned Overseas Chinese Family Members of Overseas Chinese and on the basis of the actual situation of this Province.

Article 2 “Returned Overseas Chinese” means overseas Chinese who have returned to this Country and taken it as their place of permanent residence. “Overseas Chinese” means Chinese citizens who have settled down abroad. “Family Members of Overseas Chinese” mean the family members, residing in this Country, of Overseas Chinese and Returned Overseas Chinese.

“Family Members of Overseas Chinese” referred to in these Regulations include overseas Chinese's and returned Overseas Chinese’s spouses, parents, children and their spouses, brothers and 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 The identity of Returned Overseas Chinese and Family Members of Overseas Chinese shall be confirmed by the Overseas Chinese affairs departments of people’s governments at or above county level.

Article 4 The Overseas Chinese affairs departments of people’s governments at various levels are the functional departments under such people’s governments in charge of the administration of Overseas Chinese affairs, responsible for organizing the implementation of these Measures.

Article 5 Returned Overseas Chinese and Family Members of Overseas Chinese shall be entitled to the citizen’s rights as specified in the Constitution and the laws, and at the same time shall perform the citizen’s obligations as specified in the Constitution and the laws. No organization or individual may discriminate against them.

Article 6 For Overseas Chinese who have returned to this Province and taken it as their place of permanent residence, arrangement shall be made in accordance with the relevant provisions of the State.

The departments concerned shall give priority to and make proper arrangement for the scientific and technical personnel among Overseas Chinese which intent to settle down in this Province.

With respect to Returned Overseas Chinese and Family Members of Overseas Chinese which return to and settle down in this Province within two years after they leave this Country and settle down abroad, their original organizations or the competent departments shall be responsible for making arrangement for their employment. For those which, after they return to and settle down in this Province, refund all the lump-sum separation payment received before leaving this Country in accordance with the relevant provisions of the State, their service length before they leave this Country and their service length after they work in this Province again shall be added up.

Article 7 Returned Overseas Chinese and Family Members of Overseas Chinese shall be entitled to appropriate representation on provincial people’s congress and municipal people’s congresses as well as county-level and town-level people’s congresses in places where there are relatively large numbers of Returned Overseas Chinese and Family Members of Overseas Chinese.

Article 8 Returned Overseas Chinese federations at various levels and other social organizations legally established by Returned Overseas Chinese and Family Members of Overseas Chinese in this Province as well as all lawful social activities carried out by and all properties of such federations and organization shall be protected by the laws, and shall not be infringed by any organization or individual.

Article 9 With respect to the industrial and commercial enterprises established by Returned Overseas Chinese and Family Members of Overseas Chinese with capitals and/or remittances from Overseas Chinese, in case the capitals from Overseas Chinese account for more than 25% of the total investment, such enterprises shall, as approved by legally designated examination and approval authorities, be exempted from paying income tax for two years from the first profit-making year and then be allowed a fifty percent (50%) reduction in income tax for the following three years.

With respect to the enterprises established for the purpose of placing job-waiting youth among Returned Overseas Chinese and Family Members of Overseas Chinese, in case the number of such job-waiting youth accounts for more than 30% of the total number of the employees, such enterprises shall, as reviewed by Overseas Chinese affairs departments and approved by local tax authorities, be exempted from paying income tax for three years from the first profit-making year.

With respect to the privately-owned small industrial/commercial businesses established by Returned Overseas Chinese and Family Members of Overseas Chinese, in case it is difficult for them to pay taxes, such businesses may, as approved by local tax authorities, be allowed the appropriate tax reduction.

With respect to the above-mentioned enterprises and privately-owned small industrial/commercial businesses, in case it is still difficult for them to pay taxes after the expiration of tax-exemption and/or tax-reduction periods, they may, in accordance with the tax administration system and as approved by tax authorities, be allowed the appropriate tax exemption and/or tax reduction.

Article 10 Without obtaining the consent from Overseas Chinese affairs department at or above county level and the approval from industrial and commercial administration department at or above county level, no enterprise or privately-owned small industrial/commercial business may use the characters “Overseas Chinese” in its trade name.

Article 11 In case Returned Overseas Chinese and Family Members of Overseas Chinese, as legally approved, make investment in developing barren hill and barren land or reconstructing discarded land, they shall be exempted from paying the relevant land use tax for ten years from the date on which such hill or land is used.

Returned Overseas Chinese and Family Members of Overseas Chinese who make investment in production land directly used in agriculture, forestry, animal husbandry or fishery shall be exempted from paying the land use tax.

Article 12 People’s governments at various levels shall support the farms and other enterprises wherein Returned Overseas Chinese are placed, and no organization or individual may encroach upon the land, grassland and water area legally used by such farms and enterprises or infringe upon the lawful rights and interests of such farms and enterprises.

With respect to Returned Overseas Chinese who work in the farms which are established for placing Returned Overseas Chinese as well as their spouses and children, in case of work transfer or job recruitment, their residence as well as cereals & oil relationship shall be transferred with the identity of urban residential.

Article 13 People’s governments at various levels shall support Returned Overseas Chinese and Family Members of Overseas Chinese to set up public welfare establishments in this Country, and their lawful rights and interests shall be protected by law.

The intention of Returned Overseas Chinese and Family Members of Overseas Chinese to legally set up public welfare establishments shall be encouraged. No organization or individual may encroach or damage such public welfare establishments.

In case Returned Overseas Chinese and Family Members of Overseas Chinese use the materials donated by their overseas friends and relatives in public welfare establishments, they shall be entitled to favorable treatment in accordance with the relevant provisions of the State.

Article 14 With respect to the housing legally owned by Returned Overseas Chinese and Family Members of Overseas Chinese, the proprietorship shall be protected by the laws, and their rights to occupy, use, obtain gains from and dispose of such housing shall not be infringed upon by any organization or individual.

People’s governments at various levels shall encourage Returned Overseas Chinese and Family Members of Overseas Chinese to purchase and build residential housing with overseas remittance, and the departments concerned shall give support in the aspect of examination and approval on housing land, and give favorable treatment in the aspect of supply of building materials.

In case the housing owned by Returned Overseas Chinese and Family Members of Overseas Chinese is to be legally confiscated or dismantled owing to the construction carried out by the State, the organization undertaking the construction shall, in accordance with the relevant provisions of the State and this Province, compensate the owners accordingly and make proper arrangement for owners to re-settle down. Where the housing dismantled was purchased or built by Returned Overseas Chinese and/or Family Members of Overseas Chinese with overseas remittance, and the owner requires neither property rights nor arrangement for resettlement, the compensation for them shall be the replacement price in RMB calculated on the basis of the actual conditions of such housing plus 10% thereof.

With respect to Returned Overseas Chinese and/or Family Members of Overseas Chinese of which the whole family has left this Country and settled down abroad, the housing owned by them may either be disposed of by themselves in accordance with the relevant provisions or be managed by real estate administration department on their behalf in accordance with the agreement concluded by them and such real estate administration department; as for the public housing leased to them, the right to lease such housing may, after they conclude the agreement for lease right reserving period with the department which owns such housing, be reserved in accordance with such agreement, or they may conclude with the department which owns such housing an agreement which provides that the corresponding conditions will be given to them after they return to this Country.

Article 15 Under the same conditions, all departments and organizations shall give priority and favorable treatment to Returned Overseas Chinese and Family Members of Overseas Chinese with respect of housing allocation, salary adjustment, professional title assessment, promotion, and admission to kindergarten and school.

Article 16 People’s governments at various levels shall include into poverty alleviation plan the poverty-stricken households among Returned Overseas Chinese and Family Members of Overseas Chinese, and give them great support. Returned Overseas Chinese and Family Members of Overseas Chinese who have no ability to work and are not supported by anybody shall be taken care by local civil affairs departments.

Article 17 The students which are Returned Overseas Chinese, children of Returned Overseas Chinese or children living in this Country of Overseas Chinese shall be given the following favorable treatment with respect to admission to higher-level school, employment, and assignment after graduation:

1. In case of application for admission to full-time university and college, radio & TV university, open university, correspondence university, university of staff and workers, spare-time university, secondary specialized school, high school, secondary vocational school or technician training school, such students shall be given the favorable treatment in the form of addition in examination score, and shall be given the priority in admission under the same conditions;
2. In case of cultural examination for employment, such students shall be given the favorable treatment in the form of addition in examination score, and shall be given the priority under the same conditions;
3. In case of assignment upon graduation from university or college, under the precondition that the work needs are met and if such students so required reasonably, favorable treatment in the aspect of assigned work place may be given to such students on the basis of actual situation; where their parents or spouse live within this Country, they shall be assigned to work in the region where their parents or spouse live in so far as possible.

Where applying for admission to various universities, colleges and schools under the administration of this Province and entering cultural examination for employment, Family Members of Overseas Chinese and their children may be given favorable treatment by reference to the provisions of this Article.

Article 18 The overseas remittances received by Returned Overseas Chinese and Family Members of Overseas Chinese shall be protected in accordance with the relevant provisions of the State.

The income of Returned Overseas Chinese and Family Members of Overseas Chinese from overseas remittance shall be exempt from individual income regulation tax.

Banks and the relevant institutions shall duly release overseas remittances within the time limit as specified by the State, and no organization or individual may infringe upon the overseas remittance of Returned Overseas Chinese and Family Members of Overseas Chinese with any excuse.

Banks shall keep secret and confidential the amount and account name of overseas remittances. Without obtaining approval from adjudication organs or prosecutorial organs, no organization or individual may freeze or confiscate overseas remittance or check the vouchers of overseas remittances with bank, or require the presentation of name list of overseas remittances.

Article 19 In case Returned Overseas Chinese and Family Members of Overseas Chinese inherit or accept legacy or donation from their overseas friends or relatives or dispose of their overseas properties, the departments concerned shall duly go through all relevant formalities.

Article 20 Contacts and communications between Returned Overseas Chinese and Family Members of Overseas Chinese and their relatives and friends outside this Country shall be protected by the laws.

No organization or individual may illegally open, destroy, discard, conceal or steal the letters and mails of Returned Overseas Chinese and Family Members of Overseas Chinese. In case such letters and mails are lost or destroyed, the post services shall, in accordance with the relevant provisions, take remedial measures or make compensation therefore.

Article 21 Priority shall be given to the application for leaving this Country made by Returned Overseas Chinese and Family Members of Overseas Chinese. Public security departments shall, within the specified time limit after receiving the application, decide on whether to approve such application and then notify the applicants thereof.

In case it is necessary for Returned Overseas Chinese and Family Members of Overseas Chinese to leave this Country under special circumstances that their overseas linear relatives are critically ill or have died or they are required to dispose of their overseas properties within a time limit specified, public security departments shall carry out examination and approval in a timely manner on the basis of the valid certificates provided by the applicants, and may appropriately prolong the period allowed for them to stay abroad on the basis of actual needs.

Article 22 The departments and entities concerned shall safeguard the right of Returned Overseas Chinese and Family Members of Overseas Chinese to leave this Country for the purpose of visiting their relatives.

Returned Overseas Chinese and Family Members of Overseas Chinese who work in state organs or state-owned enterprises and institutions shall enjoy the treatment as provided in the relevant state regulations in respect of leaving this Country for the purpose of visiting their relatives. Where conditions permit, Returned Overseas Chinese and Family Members of Overseas Chinese in collectively-owned enterprises and institutions may, as leaving this Country for the purpose of visiting their relatives, enjoy the treatment by reference to the provisions on overseas relative visiting by Returned Overseas Chinese and Family Members of Overseas Chinese who work in state-owned enterprises and institutions.

Article 23 Returned Overseas Chinese and Family Members of Overseas Chinese shall have the right to leave this Country and settle down abroad.

With respect to Returned Overseas Chinese and Family Members of Overseas Chinese who are approved to leave this Country for the purpose of settling down abroad, in case they satisfy the conditions for retirements as veteran cadres, retirement or demission, their retirement pension or demission payment shall be duly paid; in case they fail to satisfy the conditions for retirements as veteran cadres, retirement or demission, the lump-sum separation considerations shall be paid in accordance with the relevant provisions of the State. The amount mentioned above may be exchanged into foreign currency and be carried out of this Country.

Article 24 In case of selection of personnel to be sent by the government for investigation, exchange or study abroad, under the same conditions, priority shall be given to Returned Overseas Chinese, Family Members of Overseas Chinese and their children.

Article 25 Returned Overseas Chinese and Family Members of Overseas Chinese who apply for studying abroad at their own expenses shall be given the favorable treatment in accordance with the relevant provisions of the State. During the period when the relevant formalities are applied for and gone through, the organizations with which they work or study may not order them to quit working or studying. After their application is approved, their public servant status or student status shall be reserved for at least one year.

Article 26 In case Returned Overseas Chinese and Family Members of Overseas Chinese who have studied abroad at their own expenses return to this Province after the completion of study and require for employment, they shall be entitled to the treatment given to persons sent by the government to study abroad, and the departments concerned shall give priority to them and make proper arrangement.

Article 27 Returned Overseas Chinese and Family Members of Overseas Chinese are encouraged to introduce foreign capitals, technologies, equipment and talents into this Country. Those who make great contributions in this aspect shall be awarded in accordance with the relevant provisions.

Article 28 Should any organization or individual, in violation of these Measures, conduct any of the following acts, criticism and education, administrative sanction or administrative penalty shall be imposed on such organization or individual by competent departments on the basis of the actual circumstance; where a crime is constituted, criminal liabilities will be investigated by judicial authorities according to laws.

1. To infringe upon the political rights of Returned Overseas Chinese and/or Family Members of Overseas Chinese, including right to participate in government and political affairs and rights of association;
2. To infringe upon the personal rights of Returned Overseas Chinese and/or Family Members of Overseas Chinese;
3. To infringe upon and damage the lawful organizations and properties of Returned Overseas Chinese and/or Family Members of Overseas Chinese;
4. To infringe upon the lawful rights and interests of the enterprises set up by Returned Overseas Chinese and/or Family Members of Overseas Chinese;
5. To encroach the private properties of Returned Overseas Chinese and/or Family Members of Overseas Chinese;
6. To encroach or illegally dismantle the housing of Returned Overseas Chinese and/or Family Members of Overseas Chinese;
7. To misappropriate, falsely collect, embezzle, peculate, and steal overseas remittances;
8. To infringe upon the communication freedom and communication privacy right of Returned Overseas Chinese and/or Family Members of Overseas Chinese;
9. To infringe upon other lawful rights and interests of Returned Overseas Chinese and/or Family Members of Overseas Chinese.

Article 29 The power to interpret these Measures shall lie with the Standing Committee of the People's Congress of Jilin Province, and the interpretation for application of these Measures shall be carried out by the Overseas Chinese affairs department under Jilin Provincial People’s Government.

Article 30 These Measures shall come into force as of the date on which they are promulgated.

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