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LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON ASSEMBLIES, PROCESSIONSAND DEMONSTRATIONS

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LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON ASSEMBLIES, PROCESSIONSAND DEMONSTRATIONS ——附加英文版

The Standing Committee of the National People's Congress


LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON ASSEMBLIES, PROCESSIONSAND DEMONSTRATIONS

(Adopted at the Tenth Meeting of the Standing Committee of the
Seventh National People's Congress on October 31, 1989, promulgated by
Order No. 20 of the President of the People's Republic of China on October
31, 1989 and effective as of the same date)

Contents
Chapter I General Provisions
Chapter II Application and Permission for Assemblies, Processions and
Demonstrations
Chapter III The Holding of Assemblies, Processions and Demonstrations
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions

Chapter I General Provisions
Article 1
Pursuant to the Constitution, this Law is enacted to safeguard citizens'
exercise of their right to assembly, procession and demonstration
according to law and to maintain social stability and public order.
Article 2
This Law shall apply to assemblies, processions and demonstrations held
within the territory of the People's Republic of China.
The term "assembly" used in this Law means an activity in which people
gather at a public place in the open air to express views or aspirations.
The term "procession" used in this Law means an activity in which people
line up for a march along a public road or across a public place in the
open air to express their common aspirations.
The term "demonstration" used in this Law means an activity in which
people express their common aspirations, including demands, protests,
support or moral support, in the manner of an assembly, a procession, a
sit-in, etc., at a public place in the open air or along a public road.
This Law shall not apply to recreational or sports activities, normal
religious activities or traditional folk events.
Article 3
The citizens' exercise of their right to assembly, procession and
demonstration shall be safeguarded by the people's governments at all
levels in accordance with the provisions of this Law.
Article 4
In exercising their right to assembly, procession and demonstration,
citizens must abide by the Constitution and the laws, shall not oppose the
cardinal principles specified in the Constitution and shall not impair
state, public or collective interests or the lawful freedoms and rights of
other citizens.
Article 5
An assembly, a procession or a demonstration shall be held in a peaceful
manner; no weapons, controlled cutting tools or explosives shall be
carried, and no violence employed.
Article 6
The competent authorities governing assemblies, processions and
demonstrations shall be the municipal public security bureau, county
security bureau or municipal public security sub-bureau in the localities
where the assemblies, processions and demonstrations are held; if the
route of a procession or demonstration cuts through two or more districts
or counties, the competent authorities thereof shall be the public
security organ at the next higher level to the public security organs in
such districts or counties.

Chapter II Application and Permission for Assemblies, Processions and Demonstrations
Article 7
For the holding of an assembly, a procession or a demonstration,
application must be made to and permission obtained from the competent
authorities in accordance with the provisions of this Law.
It shall not be necessary to apply for the following activities:
(1) celebrations or commemorative activities held by the state or by state
decisions; and
(2) assemblies held by state organs, political parties, public
organizations, enterprises or institutions in accordance with law or the
relevant articles of association.
Article 8
There must be a person or persons responsible for the holding of an
assembly, a procession or a demonstration.
For the holding of an assembly, a procession or a demonstration for which
an application has to be made under this Law, the responsible person(s)
must submit an application in writing to the competent authorities five
days prior to the date of the activity. The application shall specify the
purposes of the assembly, procession or demonstration, how it is going to
be conducted, the posters and slogans to be used, the number of
participants, the number of vehicles, the specifications and quantities of
the sound facilities to be used, the starting and finishing time, the
places (including places where the participants assemble and disperse),
the route, and the name(s), occupation(s) and address(es) of the person(s)
responsible for the assembly, procession or demonstration.
Article 9
After receiving an application for an assembly, a procession or a
demonstration, the competent authorities shall inform the responsible
person(s) in writing of their decision to grant or not to grant permission
two days prior to the date of the activity applied for. If no permission
is granted, the reasons thereof shall be given. Failure to serve notice
within the time limit shall be construed as the granting of permission.
If an assembly, a procession or a demonstration is truly necessitated by
unexpected occurrences, a report must be made immediately to the competent
authorities: upon receiving the report, the competent authorities shall
immediately examine it and decide to grant or not to grant permission.
Article 10
If an application is made for an assembly, a procession or a demonstration
which will press for the settlement of specific issues, the competent
authorities may, after receiving the application, inform the departments
or units concerned to resolve such issues through consultation with the
person(s) responsible for the assembly, procession or demonstration, and
may also postpone for five days the starting date specified in the
application.
Article 11
If the competent authorities are of the opinion that the holding of an
assembly, a procession or a demonstration at the time or place or along
the route specified in the application will seriously affect traffic and
public order, they may, upon or after granting permission, change the
time, place or route and inform the responsible person(s) of the change in
good time.
Article 12
No permission shall be granted for an application for an assembly, a
procession or a demonstration which involves one of the following
circumstances:
(1) opposition to the cardinal principles specified in the Constitution;
(2) harming the unity, sovereignty and territorial integrity of the state;
(3) instigation of division among the nationalities; or
(4) the belief, based on sufficient evidence, that the holding of the
assembly, procession or demonstration that is being applied for will
directly endanger public security or seriously undermine public order.
Article 13
If the person(s) responsible for an assembly, a procession or a
demonstration does not accept the competent authorities' decision not to
grant permission, he may apply to the people's government at the same
level for reconsideration within three days of receiving the notice on the
decision, and the people's government shall make a decision within three
days of receiving the application for reconsideration.
Article 14
The person(s) responsible for an assembly, a procession or a demonstration
may withdraw his application after submitting it and before receiving a
notice of the competent authorities; if a decision is made to call off the
assembly, procession or demonstration after receipt of the competent
authorities' notice on the granting of permission, the responsible
person(s) concerned shall inform the competent authorities of the decision
in good time and dismiss the participants if they have assembled.
Article 15
No citizens shall, in a city other than his place of residence, start,
organize or participate in an assembly, a procession or a demonstration of
local citizens.
Article 16
No functionary of a state organ shall organize or participate in an
assembly, a procession or a demonstration which contravenes the functions
and obligations of functionaries of state organs as prescribed in relevant
laws and regulations.
Article 17
If anyone organizes or participates in an assembly, a procession or a
demonstration in the name of a state organ, a public organization, an
enterprise or an institution, he must first obtain approval from its
leaders.

Chapter III The Holding of Assemblies, Processions and Demonstra- tions
Article 18
With respect to an assembly, a procession or a demonstration held in
compliance with law, the competent authorities shall dispatch the people's
police to keep traffic and public order and ensure the smooth progress of
the assembly, procession or demonstration.
Article 19
An assembly, a procession or a demonstration held in compliance with law
shall not be disturbed, broken into or disrupted by anybody by violence,
coercion or any other illegal means.
Article 20
In order to ensure the progress of a procession held in compliance with
law, the people's police responsible for keeping traffic order may
temporarily exercise flexibility in their execution of the relevant
provisions of traffic regulations.
Article 21
If it becomes impossible for a procession to follow the permitted route
because of unexpected circumstances occurring on the way, the chief police
officer present at the scene shall have the authority to change the route
of the procession.
Article 22
If an assembly, a procession or a demonstration is held in or passes by
places where state organs, military organs, radio stations, television
stations or foreign embassies or consulates are located, the competent
authorities may, with a view to keeping order, establish temporary
security lines, which shall not be crossed without permission by the
people's police.
Article 23
No assembly, procession or demonstration shall be held within a peripheral
distance of 10-300 metres from the following places, with the exception of
those approved by the State Council or the people's governments of
provinces, autonomous regions and municipalities directly under the
Central Government:
(1) premises of the Standing Committee of the National People's Congress,
the State Council, the Central Military Commission, the Supreme People's
Court and the Supreme People's Procuratorate;
(2) places where state guests are staying;
(3) important military installations; and
(4) air harbours, railway stations and ports.
The specific peripheral distances from the places listed in the preceding
paragraph shall be defined by the people's governments of provinces,
autonomous regions and municipalities directly under the Central
Government.
Article 24
The time for holding an assembly, a procession or a demonstration shall be
limited to 6 a.m. - 10 p.m., with the exception of those held by decision
or approval of the local people's governments.
Article 25
An assembly, a procession or a demonstration shall be conducted in
accordance with the purposes, manners, posters, slogans, starting and
finishing time, places, routes and other matters for which permission has
been granted.
The person(s) responsible for an assembly, a procession or a demonstration
must assume responsibility for maintaining the order thereof and strictly
guard against participation by others.
The person(s) responsible for an assembly, a procession or a demonstration
shall, when necessary, appoint special personnel to assist the people's
police in maintaining order. The personnel responsible for the
maintenance of order shall wear identification marks.
Article 26
The holding of an assembly, a procession or a demonstration shall not
contravene the regulations on public security administration and shall not
involve criminal activities or the instigation of crimes.
Article 27
The people's police shall stop an assembly, a procession or a
demonstration that is being held, if it involves one of the following
circumstances:
(1) failure to make an application in accordance with the provisions of
this Law or to obtain permission for the application;
(2) failure to act in accordance with the purposes, manners, posters,
slogans, starting and finishing time, places and routes permitted by the
competent authorities; or (3) the emergence, in the course of the
activity, of a situation which endangers public security or seriously
undermines public order.
If any of the circumstances specified in the preceding paragraph occurs
and the instruction to stop the activity is ignored, the chief officer of
the people's police present at the scene shall have the authority to order
a dismission; for those who refuse to dismiss, the chief police officer
present at the scene shall have the authority to decide, in accordance
with relevant state provisions, on the adoption of necessary measures to
force a dismission and to take away from the scene by force those who
refuse to obey or detain them at once.
If a participant in an assembly, a procession or a demonstration crosses
the temporary security lines established in accordance with the provisions
of Article 22 of this Law, enters a certain peripheral space around the
specific places where no assemblies, processions and demonstrations shall
be held as specified in Article 23 of this Law, or commits other illegal
or criminal acts, the people's police may take him away from the scene by
force or detain him at once.

Chapter IV Legal Responsibility
Article 28
Those who commit acts in violation of public security administration in
the process of an assembly, a procession or a demonstration shall be
punished in accordance with the relevant provisions of the Regulations on
Administrative Penalties for Public Security. The public security organ
may punish by warning or by criminal detention of not more than 15 days
the responsible person(s) and the person(s) who is directly responsible,
if an assembly, a procession or a demonstration that is being held
involves one of the following circumstances:
(1) failure to make an application in accordance with the provisions of
this Law or to obtain permission for the application; or
(2) failure to act in accordance with the purposes, manners, posters,
slogans, starting and finishing time, places, and routes permitted by the
competent authorities, and disregard of instructions to stop acting
without permission.
Article 29
Any participant in an assembly, a procession or a demonstration who
commits a crime shall be investigated for criminal responsibility in
accordance with the relevant provisions of the Criminal Law.
Any participant in an assembly, a procession or a demonstration who
carries weapons, controlled cutting tools or explosives shall be
investigated for criminal responsibility by applying mutatis mutandis the
provisions of Article 163 of the Criminal Law. In a case where no
application has been made for an assembly, a procession or a demonstration
in accordance with the provisions of this Law or no permission has been
granted for the application or where it is conducted not in accordance
with the starting and finishing time, places and routes permitted by the
competent authorities, while the order of dismission is disobeyed and
public order seriously undermined, the person(s) responsible for the
assembly, procession or demonstration and the person(s) who is directly
responsible shall be investigated for criminal responsibility in
accordance with the provisions of Article 158 of the Criminal Law.
In a case where an assembly, a procession or a demonstration leads to the
siege of a state organ or people breaking into it, preventing it from
conducting its business or state activities normally, the person(s)
responsible for the assembly, procession or demonstration and the
person(s) who is directly responsible shall be investigated for criminal
responsibility in accordance with the provisions of Article 158 of the
Criminal Law.
In a case where an assembly, a procession or a demonstration leads to the
occupation of public places, the interception of vehicles or pedestrians
or the gathering of crowds to block traffic, so that order at public
places and traffic order are seriously undermined, the person(s)
responsible for the assembly, procession or demonstration and the
person(s) who is directly responsible shall be investigated for criminal
responsibility in accordance with the provisions of Article 159 of the
Criminal Law.
Article 30
Those who disturb, break into or undermine by other means an assembly, a
procession or a demonstration held in compliance with law may be punished
by the public security organ by warning or by criminal detention of not
more than 15 days; if the circumstances are serious and a crime is
constituted, they shall be investigated for criminal responsibility in
accordance with the relevant provisions of the Criminal Law.
Article 31
If a party refuses to accept the decision on punishment by detention made
in accordance with the provisions of the second paragraph of Article 28 or
Article 30 of this Law, he may appeal to the public security organ at the
next higher level within five days of receiving the notice on the decision
on punishment; the public security organ at the next higher level shall
make a decision within five days of receiving the appeal; if the party
refuses to accept the decision of the public security organ at the next
higher level, he may institute proceedings in the people's court within
five days of receiving the notice on the decision.
Article 32
Anyone who, in the course of an assembly, a procession or a demonstration,
damages public or private property or causes injuries or deaths to others
shall be liable for compensation according to law, apart from being
punished in accordance with the relevant provisions of the Criminal Law or
the Regulations on Administrative Penalties for Public Security.
Article 33
If a citizen, in a city other than his place of residence, starts or
organizes an assembly, a procession or a demonstration by local citizens,
the public security organ shall have the authority to detain him or send
him back by force to his place of residence.

Chapter V Supplementary Provisions
Article 34
This Law shall apply to assemblies, processions and demonstrations held by
foreigners within the territory of China.
Foreigners in the territory of China may not, without approval by the
competent authorities, participate in an assembly, a procession or a
demonstration held by Chinese citizens.
Article 35
The public security department under the State Council may, in accordance
with this Law, formulate rules of implementation, which shall go into
effect after being submitted to and approved by the State Council.
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, formulate measures for
implementation.
Article 36
This Law shall enter into force on the date of promulgation.



Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.



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关于印发《外商投资企业财政登记管理办法》的通知

财政部


关于印发《外商投资企业财政登记管理办法》的通知
1996年5月8日,财政部

各省、自治区、直辖市、计划单列市财政厅(局),财政部驻各省、自治区、直辖市、计划单列市财政监察专员办事处:
为了规范外商投资企业的财务管理和财政监督,我部在总结这几年各地经验,并在广泛征求意见的基础上,制订了《外商投资企业财政登记管理办法》,现印发给你们,请转发至所有外商投资企业和有关单位,认真贯彻执行。执行中有什么问题,请及时告知我部。

附件:外商投资企业财政登记管理办法
第一条 为规范外商投资企业财务管理的财政监督,根据《中华人民共和国会计法》、《企业财务通则》、《国务院关于整顿会计工作秩序进一步提高会计工作质量的通知》等国家有关法律、法规的规定,制定本办法。
第二条 外商投资企业(以下简称企业)在工商行政管理机关签发营业执照(副本)之日起30日内,按照下列规定办理财政登记:
(一)中央部门所属企、事业单位单独与外商举办的中外合资、合作经营企业;中央部门所属企、事业单位和地方企、事业单位共同与外商举办的中外合资、合作经营企业;以及外资金融机构,向财政部派驻当地财政监察专员办事机构办理财政登记。
(二)地方企、事业单位单独与外商举办的中外合资、合作经营企业,以及外资企业,向省、自治区、直辖市、计划单列市财政厅(局)确定的主管财政机关办理财政登记。
第三条 企业办理财政登记时,应依法提交企业设立批准证书、营业执照,以及经政府授权机关批准的可行性研究报告、合同、章程等文件或者其复制件,填写《外商投资企业财政登记表》,经财政监察专员办事机构或者主管财政机关核准后,发给《外商投资企业财政登记证》,作为企业向会计师(审计)事务所申请办理验资、查帐,开展财务会计活动,接受财政检查、监督的基本依据。
第四条 中央部门所属企、事业单位单独与外商举办的中外合资、合作经营企业;中央部门所属企、事业单位和地方企、事业单位共同与外商举办的中外合资、合作经营企业,以及外资金融机构,填写的《外商投资企业财政登记表》分为一式三份,一份主送财政部驻当地财政监察专员办事机构:一份抄送省、自治区、直辖市、计划单列市财政厅(局)确定的财政机关;企业留存一份。
地方企、事业单位单独与外商举办的中外合资、合作经营企业,以及外资企业,填写的《外商投资企业财政登记表》分为一式两份,一份主送主管财政机关;一份留存企业。
第五条 《外商投资企业财政登记证》每套由正本、副本组成,由财政部统一印制。
第六条 企业领取《外商投资企业财政登记证》后,其正本应当置于企业住所或者分支机构营业场所的醒目位置。
第七条 企业因修改合同、章程或者更改名称、住所、企业负责人、经营范围等,变更工商登记的,应当自办理变更工商登记之日起30日内,凭工商变更登记证明及有关证件,办理变更财政登记。
第八条 企业应当在每年5月之前,向财政部驻当地财政监察专员办事机构或者主管财政机关申请办理年度检查,年检的主要内容包括:企业在上一年度内,办理财政登记或者变更登记的情况;开展财务会计活动,执行财经法纪的情况等。申请办理年检时,应当填写《外商投资企业年检报告书》,并且提交《外商投资企业财政登记证》(副本)和会计师(审计)事务所出具的查账报告等有关资料。
第九条 在年检过程,对于企业没有按照规定设置财会机构、配备必要的财会人员,或者财务会计制度不健全、建帐不符合规定要求等,受理登记机关应当要求企业限期改正;逾期不改的,应当按照国务院的规定,提请工商行政管理机关,不予办理登记注册或者工商年检。
第十条 企业按照合同、章程规定或者其他原因解散清算后,在申请注销工商登记前,须向财政部驻当地财政监察专员办事机构或者主管财政机关注销财政登记。
第十一条 企业违反本办法的规定,不办理财政登记(包括变更登记和注销登记)或者不申请办理年检的,会计师(审计)事务所不得受理其验资、查帐的申请,财政监察专员办事机构和主管财政机关视情节轻重,依照《外商投资企业执行新财务制度的补充规定》等有关法规,予以处罚。
第十二条 本办法由财政部负责解释。各省、自治区、直辖市、计划单列市财政厅(局)、财政部驻各地财政监察专员办事处,可根据本办法,结合本地实际,制订具体实施意见,并报财政部备案。
第十三条 本办法自发布之日起执行。此前已办理财政登记的企业,须在本办法发布之日起90日内,到财政部当地财政监察专员办事机构或者主管财政机关申领换发财政部统一印制的《外商投资企业财政登记证》。





浙江省人民代表大会常务委员会关于修改《浙江省公路路政管理条例》的决定

浙江省人大常委会


浙江省人民代表大会常务委员会关于修改《浙江省公路路政管理条例》的决定

(2009年11月27日浙江省第十一届人民代表大会
常务委员会第十四次会议通过)

  浙江省第十一届人民代表大会常务委员会第十四次会议决定对《浙江省公路路政管理条例》作如下修改:
  第五条修改为:“公路路政管理经费应当列入政府财政预算。”
  本决定自公布之日起施行。


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