Measures for the Implementation of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Family Members

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

Order of the State Council [2004] No. 410

June 23, 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 Returned Overseas Chinese and Relatives of Overseas Chinese were adopted during the 53rd executive meeting of the State Council on June 4, 2004. They are hereby promulgated and shall take effect on July 1, 2004.

Premier: Wen Jiabao

Attachment: Measures for the Implementation of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Relatives of Overseas Chinese
　
Article 1 The present Measures have been 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 Returned Overseas Chinese and Relatives of Overseas Chinese.
　
Article 2 The status of a returned overseas Chinese, or the relative of an overseas Chinese, upon his/her personal application, shall be subject to the determination by the overseas Chinese affairs department of the people's government, at the county level or above, where his/her permanent residence is located.
If a relative who maintains a long-term-support relationship with an overseas Chinese, or a returned overseas Chinese, applies to certify his/her status as a relative of an overseas Chinese, he/she shall provide the support certification issued by a notary institution.
　
Article 3 After the death of an overseas Chinese or a returned overseas Chinese, or after the status of an overseas Chinese changes, the status of his/her domestic relative(s) certified, in accordance with the law, shall not change.
If a person who rescinds his/her marriage relationship with an overseas Chinese, returned overseas Chinese or his/her son and/or daughter, or rescinds the support relationship with an overseas Chinese or returned overseas Chinese, his/her status as a relative of the overseas Chinese, which was lawfully certified, shall no longer exist.
　
Article 4 The people's governments, at the county level or above, shall pay attention to, and strengthen the protection of, the rights and interests of returned overseas Chinese and relatives of overseas Chinese.
The overseas affairs institutions of the people's governments, at the county level or above, shall organize and coordinate relevant departments to protect the rights and interests of returned overseas Chinese and relatives of overseas Chinese, and shall, within their respective administrative areas, organize supervision and inspection over the implementation of the laws and regulations governing the protection of the rights and interests of returned overseas Chinese and relatives of overseas Chinese.
Relevant departments of the people's governments, at the county level or above, shall, within their respective functions, try every effort to protect the legitimate rights and interests of returned overseas Chinese and relatives of overseas Chinese.
　
Article 5 If an overseas Chinese requests to reside in China permanently, he/she shall receive a certificate to return to China for permanent residence, in accordance with the provisions of the state on entry and exit administration.
　
Article 6 The local people's governments and relevant departments shall properly resettle overseas Chinese who return to China for permanent residence, in accordance with relevant provisions of the state.
　
Article 7 The All-China Federation of Returned Overseas Chinese and local federations of returned Chinese shall conduct activities, in accordance with their articles of association, and shall protect the legitimate rights and interests of returned overseas Chinese and relatives of overseas Chinese.
Returned overseas Chinese and relatives of overseas Chinese, in accordance with the law, shall be entitled to apply to establish other social groups, to carry out lawful activities needed by returned overseas Chinese and relatives of overseas Chinese.
The legitimate rights and interests of returned overseas Chinese and relatives of overseas Chinese, and the lawful activities conducted by them, in accordance with the articles of association, shall be protected by law.
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