Measures for the Implementation of the Law of China on the Protection of the Rights and Interests of the Returned Overseas Chinese and the Relatives of Overseas Chinese

• Area of Law： Overseas Chinese Affairs
• Level of Authority： Administrative Regulations
• Date issued：06-23-2004
• Effective Date：07-01-2004
• Status： Effective
• Issuing Authority： State Council

Order of the State Council of the People's Republic of China
(No. 410)
The Measures for the Implementation 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 were adopted at 53rd executive meeting of the State Council on June 4, 2004. They are hereby promulgated and shall come into effect as of July 1, 2004.
Premier Wen Jiabao
June 23, 2004
Measures for the Implementation 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
Article 1 The present Measures are formulated in accordance with 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.
Article 2 The status of a returned overseas Chinese or the relative of an overseas Chinese shall, upon his (her) personal application, be subject to the determination by the overseas Chinese affairs department of the people's government on the county level or above where his (her) permanent residence is located.
Where a relative who maintains a long-term support relationship with an overseas Chinese or a returned overseas Chinese applies for certifying his (her) status as a relative of overseas Chinese, he (she) shall provide the support certification issued by a notary institution.
Article 3 After the death of an overseas Chinese or returned overseas Chinese, or after the status of an overseas Chinese changes, the status of the his (her) domestic relative (s) certified in pursuance of law shall not change.
If a person who rescinds his or her marriage relationship with an overseas Chinese, returned overseas Chinese or his or her son or daughter, or rescinds the support relationship with an overseas Chinese or returned overseas Chinese, his or her status as a relative of the overseas Chinese that has been lawfully certified shall not exist any longer.
Article 4 The people's governments on the county level or above shall pay attention to and strengthen the protection of the rights and interests of the returned overseas Chinese and the relatives of overseas Chinese.
The overseas affairs institutions of the people's governments on the county level and above shall organize and coordinate the relevant departments to protect the rights and interests of the returned overseas Chinese and the relatives of overseas Chinese, and shall, within their respective administrative area, organize supervision and inspection over the implementation of the laws and regulations governing the protection of the rights and interests of the returned overseas Chinese and the relatives of overseas Chinese.
The relevant departments of the people's governments on the county level or above shall, within their respective functions, try every effort to protect the legitimate rights and interests of the returned overseas Chinese and the relatives of overseas Chinese.
Article 5 Where an overseas Chinese requests to reside in China permanently, he (she) shall be issued a certification for returning to China for permanent residence in accordance with the provisions of the state on entry & exit administration.
Article 6 The local people's governments and relevant departments shall properly resettle the overseas Chinese who return to China for permanent residence in compliance with the relevant provisions of the state.
Article 7 All China Federation of Returned Overseas Chinese and local federations of returned Chinese shall carry out activities according to their articles of association, and shall protect the legitimate rights and interests of the returned overseas Chinese and the relatives of overseas Chinese.
The returned overseas Chinese and the relatives of overseas Chinese shall, in pursuance of the law, be entitled to apply for establishing other social groups so as to carry out lawful activities needed by returned overseas Chinese and the relatives of overseas Chinese.
The legitimate rights and interests of returned overseas Chinese and the relatives of overseas Chinese and the lawful activities carried out by them according to the articles of association shall be protected by law. Their lawful properties shall not be seized or impaired by any organization or individual.
Article 8 The funds appropriated by the peoples'governments of all levels to the farms, forestry centers and other enterprises for the resettlement of returned overseas Chinese shall be exclusively used for the aforesaid purpose. No organization or individual may misappropriate, withhold or privately divide such fund.
The local people's governments shall support the farms, forestry centers and other enterprises that resettle the returned overseas Chinese.
Article 9 With regard to the land, mountain forest, boggy beaches, water surface and other resources lawfully used by the farms, forestry centers and other enterprises for the resettlement of returned overseas Chinese, these enterprises shall, in accordance with the law, hold the use right. Their productive materials, crops and products shall not be seized or impaired by any organization or individual. Where the land of a farm or forestry center for the resettlement of returned overseas Chinese is requisitioned lawfully by the state, indemnities shall be made in accordance with the law.
Article 10 The schools and medical health care institutions established at the places where the farms, forestry centers and other enterprises resettling returned overseas Chinese are located shall be incorporated into the education and health programs of the local people's governments respectively, and they shall be subject to unified management.
Article 11 The state shall, in pursuance of the law, maintain the social security rights and interests of the returned overseas Chinese and the relatives of overseas Chinese. The employing entities and the returned overseas Chinese and the relatives of overseas Chinese shall participate in local social insurances and pay social insurance premiums. The returned overseas Chinese and the relatives of overseas Chinese shall, in accordance with the law, be entitled to enjoy the treatments relating to social insurances.
The local people's governments shall give relief to the returned overseas Chinese and the the relatives of overseas Chinese who have real difficulties in make a living and shall support them in production and employment; and shall, in pursuance of the law, ensure the basic living of the returned overseas Chinese and the relatives of overseas Chinese who have lost work ability and have no source of income.
Article 12 Where a returned overseas Chinese or a relative of an overseas Chinese invests in the reclamation of barren hills, wasteland and boggy beaches, or engages in such production activities as agriculture, forestry, animal husbandry, sideline occupations and fishery, the local people's government shall give support to him (her).
Article 13 Where any returned overseas Chinese or the relatives of overseas Chinese establish public welfare undertakings in the country, the people's governments at various levels shall give support to them, and their lawful rights and interests shall be protected by law.
Where any returned overseas Chinese or his or her relative accepts and uses materials donated by his or her relatives and friends abroad in establishing public welfare undertakings, the customs duties and import link value-added tax shall be exempted or reduced.
Where any returned overseas Chinese or his or her relative accepts and uses the property donated by his or her relatives and friends abroad in establishing public welfare undertakings, they shall, in accordance with the law, be entitled to enjoy the tax-related preferential treatments.
Where the overseas relatives and friends of the returned overseas Chinese and the relatives of overseas Chinese donate properties to China, the people's governments on the county level or above may help them go through the relevant entry formalities, support the donators to carry out donation projects, and supervise the use and management of the donated properties in accordance with the law.
Article 14 The State shall, according to law, protect the proprietary rights of houses privately owned by returned overseas Chinese and the relatives of overseas Chinese. The returned overseas Chinese and the the relatives of overseas Chinese shall, pursuant to the law, have the right to own, use, obtain yields and dispose them, which shall not be impaired by any organization or individual.
Article 15 Where a house privately owned by a returned overseas Chinese or relative overseas Chinese is leased, the lessor and the tenant shall conclude a lease contract, which shall be registered for archival purposes at the administrative department of real estate where the house is located. When the lease contract is terminated, the tenant shall return the house to the lessor.
Article 16 Where a house privately owned by a returned overseas Chinese or a relative of an overseas Chinese is dismantled lawfully, the dismantler shall, according to the administrative provisions of the state on house dismantlement, make monetary compensation or exchange house property right. With regard to the dismantlement of houses privately owned by the returned oversea Chinese or the relatives of overseas Chinese and leased at a rent as prescribed by the government, the measures for the compensation and resettlement shall be formulated by the construction administrative department of the State Council jointly with other relevant departments.
Article 17 Where the children of overseas Chine return to China to apply for admission into schools engaged in compulsory education, the schools concerned shall handle the admission formalities, treating them in a same way as the children of local residents. Where the returned overseas Chinese, children of returned overseas Chinese, and children within China of overseas Chinese apply for admission to state schools engaged in non-compulsory education, the education department and other relevant departments shall properly take them into consideration for admission in accordance with the provisions of the State and in light of the actual circumstances of the locality.
Article 18 Overseas remittance is a lawful income of the returned overseas Chinese and the relatives of overseas Chinese, their ownership shall be protected by law. It shall not be seized, delayed in payment, forcibly borrowed or lent, or illegally frozen or confiscated.
Article 19 Where a returned overseas Chinese or a relative of an overseas Chinese needs to go abroad to dispose of his or her property or accept legacies, bequeathment or gifts, the relevant departments and the Chinese diplomatic (consular) institutions based abroad or other institutions based abroad as authorized by the Ministry of Foreign Affairs may, at the request of the returned overseas Chinese or the relative of overseas Chinese, give him (her) necessary help.
Article 20 The correspondence freedom and correspondence secrets of the returned overseas Chinese and the relatives of overseas Chinese are protected by law. No organization or individual may unlawfully open, conceal, destroy and throw away or steal mail of any returned overseas Chinese or the relative of any overseas Chinese. Where a returned overseas Chinese or a relative of an overseas Chinese proves that a mail is lost, destroyed and thrown away, or any item in the mail is missing, the post office shall make compensation in pursuance of the law.
Article 21 Where a returned overseas Chinese or relative of overseas Chinese applies for leaving China, the relevant administrative department shall, in accordance with the law, go through relevant formalities within the prescribed time limit.
Where a returned overseas Chinese or a relative of an overseas Chinese applies for the permission to leave the country due to such special circumstances as critical illness or death of his (her) lineal relative or disposal of his (her) properties outside China, the competent authorities concerned shall give priority to him (her) upon the strength of the valid proofs provided by him (her).
Article 22 The returned overseas Chinese or relative of an overseas Chinese shall be entitled to enjoy the right to leave the country to visit his or her relatives abroad.
Article 23 Where a returned overseas Chinese or a relative of an overseas Chinese who has retired or has retired honorably according to pertinent provisions of the state is permitted to leave China and settle down abroad, the retirement (honorable retirement) treatments that he (she) shall be entitled to enjoy as prescribed by the state shall not change. He (she) may entrust others to get his (her) pension, but he (she) shall submit a certification document about his (her) being alive issued by our diplomatic (consular) institution based in this country or a notary institution in this country to the entity he worked for or the social institution responsible for paying the pension every year.
With regard to a returned overseas Chinese or a relative of an overseas Chinese who has resided abroad after retirement (honorable retirement) but returns to China for seeking medical treatment, he (she) shall be entitled to enjoy the corresponding medical treatment according to relevant Provisions of the locality.
Where a returned overseas Chinese or an overseas Chinese who doesn't meet the retirement requirements of the state is permitted to leave China and settle down abroad, he (she) shall, according to relevant provisions of the state, go through the formalities for resignation, de-employment and termination of labor relationship, be entitled to obtain, in a lump sum, the resignation compensation and relevant treatments. If he (she) has participated in basic old-age insurance and basic medical insurance, the social insurance handling institution shall, once and for all, pay off the money that belongs to him (her) according to relevant provisions of the state.
Where a returned overseas Chinese or an overseas Chinese who is permitted to leave China and settle down abroad has bought any other social insurance according to law besides those as mentioned in the preceding paragraph, he (she) shall be entitled to enjoy the corresponding social insurance treatments in accordance with the provisions of the state.
Article 24 Before the returned overseas Chinese or relative of an overseas Chinese obtains the entry visa of his destination country (region), the entity or school he works for or studies in shall not remove him (her) from his (her) position, dismiss him (her), terminate the labor relationship, stop his (her) wage or order him (her) to leave the school, nor may it collect any security or guarantee deposit.
Where a returned overseas Chinese or relative of overseas Chinese who is permitted to leave China for paying a visit to his relatives or settle down abroad, within the approved period of leave, his (her) job and rented public house shall be retained for him.
Article 25 Where a returned overseas Chinese or relative of overseas Chinese leaves China for visiting his (her) relatives or settle down abroad, he (she) may buy foreign exchange in accordance with relevant provisions. If he intends to settle down abroad, he (she) may convert the money he (she) obtains from social insurances and housing accumulation fund into foreign exchange and remit or carry the foreign exchange abroad.
Article 26 The diplomatic (consular) institutions of China based abroad shall protect the legitimate rights and interests of the returned overseas Chinese and relatives of overseas Chinese who stay or reside abroad according to the international conventions, which our country has concluded or has acceded to, or according to international practices.
Where a returned overseas Chinese or relative of an overseas Chinese needs to get annuities or pension from abroad, the diplomatic (consular) institutions of China based abroad may, at his (her) request offer (him) necessary help.
Article 27 With regard to a returned overseas Chinese or a relative of an overseas Chinese whose legitimate rights and interests are impaired, he shall be entitled to request pertinent departments to handle the issue in accordance with the law or file a lawsuit in the people's court. If he (she) has economic difficulties, the local legal aid institution shall, in accordance with the law, give him (her) legal aid. The federations of returned overseas Chinese at various levels shall give support and help.
Article 28 Where an institution responsible for handling the exclusive-use fund for the affairs of overseas Chinese or any of its personnel misappropriates, withholds or privately divides the exclusive-use fund for the affairs of overseas Chinese, the direct liable person-in-charge and other direct liable persons shall be given an administrative sanction or disciplinary sanction in accordance with the law; if any crime is constituted, it or he shall be subject to criminal liabilities. The administrative department shall order them to refund the misappropriated, withheld or privately divided exclusive-use fund for the affairs of overseas Chinese.
Article 29 Where any of the functionaries of a state organ infringes upon the legitimate rights and interests by abusing his power, neglecting his duties or seeking private interests, the direct liable person-in-charge and other direct liable persons shall be given an administrative sanction or disciplinary sanction in accordance with the law; if any crime is constituted, they shall be subject to criminal liabilities.
Article 30 The present Measures shall be implemented as of July 1, 2004. The Measures for the Implementation 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 issued by the State Council on July 19, 1993 shall be simultaneously abolished.