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People's Republic Of China Returned Overseas Chinese And The Family Members Of Rights Protection Measures

Original Language Title: 中华人民共和国归侨侨眷权益保护法实施办法

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  People's Republic of China promulgated by Decree No. 410 of the People's Republic of China on June 4, 2004 the implementation measures for the law on the protection of the rights of returned overseas Chinese and the family members adopted at the 53rd Executive meeting of the State Council, are hereby promulgated and come into force since July 1, 2004.
    Premier Wen Jiabao on June 23, 2004 article in accordance with the People's Republic of China Law on the protection of the rights and interests of returned overseas Chinese and the family members provides that these measures are formulated.
    Second identity of returned overseas Chinese and the family members, and by the permanent seat of the agencies in charge of overseas Chinese Affairs under the people's Governments at and above the county level shall apply examination and determination.
    Overseas Chinese and returned overseas Chinese and relatives of long-term relations of identity apply for the confirmation of the family members should provide proof of support issued by the notary public.
    Article III after the death of overseas Chinese and returned overseas Chinese or overseas Chinese status changes, its national identity intact families originally identified by the family members.
    Law and overseas Chinese, returned overseas Chinese and their children on dissolution of marriage or termination of dependency relations with overseas Chinese, returned overseas Chinese, their identities lost original identified by the family members.
    Fourth local people's Government at or above the county level should pay attention to and strengthen the protection of legitimate rights and interests of returned overseas Chinese and the family members.
    People's Governments above the county level agencies in charge of overseas Chinese Affairs shall organize and coordinate the relevant departments to protect the returned overseas Chinese and the family members of the legitimate rights and interests and organizations within their respective administrative areas of returned overseas Chinese and the family members of rights and interests protection of the supervision and inspection of the implementation of the laws and regulations.
    Relevant departments of the people's Governments above the county level shall, within their respective areas of responsibility of returned overseas Chinese and the family members of the legitimate rights and interests protection.
    The fifth overseas Chinese asked to settle, in accordance with the relevant provisions of the immigration issue to return home to prove it.
    Sixth regional people's Governments and relevant departments to overseas Chinese to return home, in accordance with the relevant provisions of the State settlement.
    The seventh all-China Federation of returned overseas Chinese and local Federation of returned overseas Chinese activities in accordance with its Statute, protect legal rights of returned overseas Chinese and the family members.
    Returned overseas Chinese and their relatives have the right to apply for the establishment of other social groups, for the needs of returned overseas Chinese and the family members of legitimate social activity.
    The legitimate rights and interests of returned overseas Chinese and the family members of social groups, as well as legal activities conducted in accordance with the Constitution and protected by law; its owned property according to law, no organization or individual may seize, damage.
    Eighth people's Governments at all levels to allocate to the placement of returned overseas Chinese farm, forest enterprises special funds should be earmarked, no organization or individual may misappropriate or intercept or privately.
    Local people's Governments shall set forth the resettlement of returned overseas Chinese farm, forest enterprise support.
    Nineth place farms and forestry enterprises of returned overseas Chinese and the legitimate use of land, forests, beaches, water and other resources, the Enterprise shall have the right to, their means of production, management of crops, production of products, no organization or individual may seize, damage State shall expropriate or placement of returned overseas Chinese farm, farm land, shall be subject to compensation.
    Tenth in resettlement of returned overseas Chinese farm, forest and other corporate settings where schools, health care institutions, education, health of the local people's Governments shall be incorporated into the planning and unified management. 11th the State shall safeguard the social security rights of returned overseas Chinese and the family members. Employers and returned overseas Chinese and the family members shall participate in local social security and pay social insurance fees.
    The returned overseas Chinese and the family members of the insured shall enjoy social insurance benefits.
    The returned overseas Chinese and the family members of the life of the local people is difficult, should be given relief, and to support its production and employment; protect loss of ability to work and have no source of returned overseas Chinese and the family members of basic living.
    12th returned overseas Chinese and their relatives in accordance with investment development of barren hills, unreclaimed lands, beaches, or engage in agriculture, forestry, animal husbandry and fishery production, the local people's Governments shall support.
    13th returned overseas Chinese and their relatives in China to set up public welfare undertakings, and the people's Governments at all levels and relevant departments should support their legitimate rights and interests protected by law.
    Returned overseas Chinese, relatives of overseas friends and relatives donated materials used for the public welfare, reduction or exemption of tariff and import value-added tax according to law.
    Returned overseas Chinese and the family members and their relatives and friends overseas property investments in corporate donations to public welfare undertakings, shall enjoy tax concessions.
    Returned overseas Chinese and the family members of overseas friends and relatives donated property to the territory, the people's Government above the county level agencies in charge of overseas Chinese Affairs to assist in the relevant immigration procedures, in order to help donors implementing donor projects, and to monitor the use and management of donated assets according to law. 14th State protects the returned overseas Chinese and their relatives in home ownership of private houses.
    Returned overseas Chinese and the family members of their private houses, lawfully possess, utilize, profit from and dispose of, any organization or individual shall be inviolable. 15th rental of returned overseas Chinese and the family members of a private house, required to sign lease contract by the lessor and the lessee, and registration to the seat of house property management.
    Upon termination of the lease contract, the charterer shall be returned to the lessor of the House. Article 16th demolition of returned overseas Chinese and the family members of private housing, relocation shall, in accordance with national provisions concerning housing demolition management grant monetary compensation or implementation of property rights transfer.
    According to the rents under the Government rent of returned overseas Chinese and the family members of private housing to be demolished, compensation measures for the building departments in conjunction with relevant departments under the State Council.
    17th returning overseas Chinese children attending compulsory school, should be treated as children of local residents to complete the formalities returned overseas Chinese students, overseas Chinese children and children of overseas Chinese in the country to apply for countries not compulsory school education and other relevant departments shall, in accordance with relevant regulations of the State combined with the actual situation of the region and provide for their care.
    18th remittances are returned overseas Chinese and the family members of legitimate income, their ownership is protected by law, and no organization or individual may appropriate, delayed payments or illegal the freezing, confiscation, forced borrowing.
    19th outside of returned overseas Chinese and the family members need to dispose of property or the acceptance of inheritances, legacies, gifts, the relevant departments and our foreign diplomatic (consular) institutions or other institutions abroad authorized by the Ministry of Foreign Affairs, upon the request of returned overseas Chinese and the family members to provide the necessary assistance. The 20th returned overseas Chinese and the family members of the freedom and privacy of correspondence are protected by law, and no organization or individual may illegally opened, conceals, destroys or theft of returned overseas Chinese and the family members of the mail.
    Returned overseas Chinese and their relatives to mail is lost, damaged, vouchered posts shall compensate.
    Article 21st of returned overseas Chinese and the family members to apply for exit, the competent departments shall, within the prescribed time limit shall complete the formalities.
    Returned overseas Chinese and their relatives outside the immediate family was dying, death or of special circumstances such as urgent departure of overseas property, the competent departments shall provide applicants with the valid proof of priority.
    22nd returned overseas Chinese and the family members enjoy the benefits of outbound visits in accordance with State visits. Article 23rd according to state regulations to retire (retired) of returned overseas Chinese and the family members allowed to settle down, in accordance with State regulations, enjoy retirement (retired) treated the same.
    Their pensions may authorize others to receive, but at least annually to the original work or the social insurance agency is responsible for paying the pension provided by our Embassy in their country's diplomatic (consular) State in which the institution or life documents issued by a notary.
    Returned overseas Chinese and the family members of retired (retired) came back to Taiwan to settle down again for medical treatment, in accordance with local regulations of the appropriate medical treatment.
    Not meet national provides retired conditions of returned overseas Chinese, and family members workers allowed exit settled of, according to national about provides handle resigned, and dismissed, and terminated labor relationship procedures, according to national about provides enjoy one-time left fee and the related treatment, has participate in basic pension insurance, and basic medical insurance of, by social security handling institutions according to national about provides one-time settled should belonging its I of costs, and terminated its basic pension insurance, and basic medical insurance relationship.
    Returned overseas Chinese and the family members allowed to settle down, before the goods except as provided in the preceding paragraph other insurances according to law, in accordance with the relevant provisions of the State enjoy the corresponding social insurance benefits.
    24th returned overseas Chinese and their relatives to travel to the country (region) before the visas, work or school on account of its application abroad for its removal, dismissal, termination of labor relations, suspension of pay or ordered to withdraw, deposit, deposit and shall not be charged.
    Returned overseas Chinese and the family members are allowed to leave the country to visit relatives in accordance with State visits, in approving the holidays, work, public housing rental should be retained.
    Exit visit or settle in the 25th returned overseas Chinese and the family members, in accordance with the provisions can be exchanged for foreign currency; to settle down, entitlement to social insurance, housing fund can exchange foreign exchange remitted in accordance with regulations or carried abroad.
    26th article of our foreign diplomatic (consular) in accordance with international treaties or international conventions concluded or acceded, protect the legitimate rights and interests of returned overseas Chinese and the family members of overseas.
    Returned overseas Chinese and the family members are required, such as pensions, pensions to receive outside, our foreign diplomatic (consular) institutions can provide necessary assistance upon request. 27th infringement of the legitimate rights and interests of returned overseas Chinese and the family members has the right to request the authorities concerned, or to a people's Court. Returned overseas Chinese and the family members with financial difficulties, the local legal aid institution shall provide legal aid.
    Federation of returned overseas Chinese shall give them support and assistance at all levels. 28th article handling overseas Chinese Affairs earmarked funds and personnel, in violation of this regulation, misappropriation, interception, distribute special funds of overseas Chinese Affairs, directly in charge of personnel and other persons directly responsible shall be given administrative sanctions or disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.
    Misappropriation, interception, distribute special funds of overseas Chinese Affairs, by its competent authorities to order the recovery.
    29th State organ personnel who abuse their powers, neglect their duties, engage, cause harm to legitimate rights and interests of returned overseas Chinese and the family members, directly responsible for the executives and other persons directly responsible shall be given administrative sanctions or disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law. 30th article of the rules take effect on July 1, 2004. On July 19, 1993, issued by the State Council of the People's Republic of China abolished at the same time the implementation measures for the law on the protection of the rights of returned overseas Chinese and the family members.