Regulations of the People's Republic of China on Sino-Foreign Cooperation in the Exploration of Offshore Petroleum Resources (Second Revision in 2011)
Regulations of the People's Republic of China on Sino-Foreign Cooperation in the Exploration of Offshore Petroleum Resources (Second Revision in 2011)
Regulations of the People's Republic of China on Sino-Foreign Cooperation in the Exploration of Offshore Petroleum Resources (Second Revision in 2011)
Order No. 607 of the State Council
September 30, 2011
(Promulgated by the State Council on January 30, 1982, revised for the first time in accordance with the Decision of the State Council on the Revision of the Regulations of the People's Republic of China on Sino-foreign Cooperation in the Exploration of Offshore Petroleum Resources dated September 23, 2001, revised for the second time in accordance with the Decision of the State Council on the Repeal and Revision of Certain Administrative Regulations dated January 8, 2011, and revised for the third time in accordance with the Decision of the State Council on the Revision of the Regulations of the People's Republic of China on Sino-foreign Cooperation in the Exploration of Offshore Petroleum Resources dated September 30, 2011)
Chapter I General Provisions
Article 1 For the purpose of promoting the development of the national economy and expanding international economic and technological cooperation, these Regulations have been formulated to allow foreign enterprises to participate in the cooperative exploration of offshore petroleum resources of the People's Republic of China based on the premise that China's state sovereignty and economic interests will be upheld.
Article 2 All petroleum resources in the internal waters, territorial seas and continental shelf of the People's Republic of China, and other petroleum resources in all sea regions bearing maritime resources falling within the national jurisdiction of the People's Republic of China, shall belong to the People's Republic of China.
In the sea regions referred to in the preceding paragraph, all buildings and structures and operating vessels established for petroleum exploration, and the corresponding offshore oil (gas) terminals and base facilities, shall fall within the jurisdiction of the People's Republic of China.
Article 3 The Chinese Government shall, according to the law, protect the investments of foreign enterprises involved in the cooperative exploration of offshore petroleum resources, their profits and their other lawful rights and interests, and shall protect the cooperative exploration activities of foreign enterprises in accordance with the law.
All activities for the cooperative exploration of offshore petroleum resources within the scope of these Regulations shall be conducted in accordance with the laws and orders of the People's Republic of China and the relevant provisions of the State; any enterprises or individuals that participate in petroleum activities shall be subject to the laws of China and shall accept the examination and supervision of the competent authorities of the Chinese Government.
Article 4 The State shall not expropriate the investments and proceeds of foreign enterprises that participate in the cooperative exploration of offshore petroleum resources. Nevertheless, under special circumstances, where the public interest requires it to do so, the State may expropriate part or all of the petroleum belonging to foreign enterprises involved in cooperative exploration activities in accordance with applicable legal procedures, and shall compensate the relevant parties appropriately.
Article 5 The department designated by the State Council shall determine the various forms of cooperation and demarcate the geographical blocks for cooperation based on the cooperative maritime zones and their areas designated by the State; it shall formulate the plans for the exploration of offshore petroleum resources in cooperation with foreign enterprises in accordance with the provisions of the state, formulate policies for operating and managing the cooperative exploration of offshore petroleum resources, and examine and approve the overall offshore oil (gas) field development plan.
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Order No. 607 of the State Council
September 30, 2011
(Promulgated by the State Council on January 30, 1982, revised for the first time in accordance with the Decision of the State Council on the Revision of the Regulations of the People's Republic of China on Sino-foreign Cooperation in the Exploration of Offshore Petroleum Resources dated September 23, 2001, revised for the second time in accordance with the Decision of the State Council on the Repeal and Revision of Certain Administrative Regulations dated January 8, 2011, and revised for the third time in accordance with the Decision of the State Council on the Revision of the Regulations of the People's Republic of China on Sino-foreign Cooperation in the Exploration of Offshore Petroleum Resources dated September 30, 2011)
Chapter I General Provisions
Article 1 For the purpose of promoting the development of the national economy and expanding international economic and technological cooperation, these Regulations have been formulated to allow foreign enterprises to participate in the cooperative exploration of offshore petroleum resources of the People's Republic of China based on the premise that China's state sovereignty and economic interests will be upheld.
Article 2 All petroleum resources in the internal waters, territorial seas and continental shelf of the People's Republic of China, and other petroleum resources in all sea regions bearing maritime resources falling within the national jurisdiction of the People's Republic of China, shall belong to the People's Republic of China.
In the sea regions referred to in the preceding paragraph, all buildings and structures and operating vessels established for petroleum exploration, and the corresponding offshore oil (gas) terminals and base facilities, shall fall within the jurisdiction of the People's Republic of China.
Article 3 The Chinese Government shall, according to the law, protect the investments of foreign enterprises involved in the cooperative exploration of offshore petroleum resources, their profits and their other lawful rights and interests, and shall protect the cooperative exploration activities of foreign enterprises in accordance with the law.
All activities for the cooperative exploration of offshore petroleum resources within the scope of these Regulations shall be conducted in accordance with the laws and orders of the People's Republic of China and the relevant provisions of the State; any enterprises or individuals that participate in petroleum activities shall be subject to the laws of China and shall accept the examination and supervision of the competent authorities of the Chinese Government.
Article 4 The State shall not expropriate the investments and proceeds of foreign enterprises that participate in the cooperative exploration of offshore petroleum resources. Nevertheless, under special circumstances, where the public interest requires it to do so, the State may expropriate part or all of the petroleum belonging to foreign enterprises involved in cooperative exploration activities in accordance with applicable legal procedures, and shall compensate the relevant parties appropriately.
Article 5 The department designated by the State Council shall determine the various forms of cooperation and demarcate the geographical blocks for cooperation based on the cooperative maritime zones and their areas designated by the State; it shall formulate the plans for the exploration of offshore petroleum resources in cooperation with foreign enterprises in accordance with the provisions of the state, formulate policies for operating and managing the cooperative exploration of offshore petroleum resources, and examine and approve the overall offshore oil (gas) field development plan.
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