Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Family Members (Amended in 2000)

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 (Amended in 2000)

Order of the President No. 39

October 31, 2000

(Adopted at the 15th Session of the Standing Committee of the Seventh National People's Congress on September 7, 1990; and 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 Chinese passed at the 18th Session 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 overseas 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 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 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'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 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 or 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 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 where 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 to 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 Overseas 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 agricultural or forest farms which have provided placement for returned overseas Chinese.
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