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Laws of the People's Republic of China |
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| Category | SPORTS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1991-08-29 | Effective Date | 1991-08-29 |
|
Measures for the Administration of the Mountaineering Conducted by Foreigners in China |
|---|
Article 1 These Measures are formulated to strengthen the
administration of the mountaineering conducted by foreigners in China,
develop international mountaineering exchanges in an organized way, and
promote mountaineering in China.
Article 2 These Measures apply to the mountaineering by foreigners in
China involving the following peaks open to foreigners and concurrent conduct
of scientific investigations and surveys in regions around these peaks during
the climb:
(1) peaks above 5,000 metres above sea level in the Tibet Autonomous
Region;
(2) peaks above 3,500 metres above sea level in other provinces and
autonomous regions.
Article 3 Foreigners conducting mountaineering in China shall abide
by the laws of China, and their legitimate rights and interests shall be
protected by the laws of China.
Article 4 The administration of the mountaineering conducted by
foreigners in China shall follow the principle of authorities at various
levels assuming their respective responsibilities under a unified leadership.
Article 5 The opening of a peak to foreigners shall be announced by the Article 6 Foreigners coming to China for mountaineering may either Article 7 Foreigners coming to China for mountaineering shall submit a If foreigners organize their own expedition, they shall submit the In the case of a joint expedition formed by foreigners with a Chinese Article 8 The State Sports Commission shall decide whether to approve or Article 9 After being notified of the approval by the State Sports The unit that signs the mountaineering protocol (hereinafter referred to Article 10 The protocol shall not be altered in substance at will after Article 11 The foreign expedition shall, one month before its entry into Article 12 Before starting a climb, the foreign expedition shall make Article 13 Foreign mountaineers in China shall observe the following (1) The climb shall aim at the peak along the route approved by the State (2) A foreign expedition may not admit as its own member a member from (3) Permission from the State Sports Commission is needed if a foreign (4) The names and altitudes of the peaks promulgated by the relevant (5) Climbing routes and camps shall be kept clean. No momentos or any (6) Results of the expedition and any accident occurring during the climb Article 14 The foreign mountaineering expedition shall write a report The report and all the audio and video recordings made during the climb Article 15 A certificate shall be issued to the foreign mountaineer who Article 16 Foreign mountaineers must be accompanied by Chinese liaison 1. to assist and supervise foreigners in carrying out relevant 2. to help foreigners to solve problems arising from their climb; 3. to report related matters to the Chinese signatory; 4. to mediate disputes between foreigners and Chinese service personnel. Article 17 Where foreign mountaineers need services of Chinese citizens, Charges may be collected for the services provided by Chinese citizens. Article 18 The foreign expedition shall provide the accompanying Chinese Without the consent of the Chinese liaison officials, the foreign In the case of a Chinese-foreign joint expedition, the methods for Article 19 For mountaineering with concurrent scientific investigation Before a plan for scientific investigation and survey is approved, Article 20 Any foreign expedition or Chinese-foreign joint expedition (1) a list of the specimens, samples and fossils collected; (2) any new species of animals or plants and any special taxon of animals (3) holo-type specimens of the new species of animals or plants and the (4) the results of laboratory analyses of specimens, samples and fossils; (5) a copy of the audio-visual recordings of the concurrent scientific The foreign or Chinese-foreign joint expedition that has conducted survey Article 21 Foreigners bringing articles for mountaineering into China Article 22 A reasonable amount of consumer goods, including special With the permission of relevant government departments, apparatus for Article 23 The specimens, samples and fossils collected and the Article 24 The State Sports Commission or the sports commissions at For those who have violated the stipulations in Articles 19 and 20 of Article 25 Where a party concerned refuses to accept the administrative Article 26 The mountaineering in the mainland conducted by compatriots Article 27 The State Physical Culture and Sports Commission shall be Article 28 These Measures shall go into effect as of the date of
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Physical Culture and Sports Commission (hereinafter referred to as the State
Sports Commission) and the Ministry of Public Security of the People's
Republic of China.
Chapter II Procedures for Conducting Mountaineering in China
organize their own expedition or form a joint expedition with a Chinese team.
written application to the State Sports Commission.
application in the name of the expedition or may entrust a provincial or
autonomous regional mountaineering association of China to submit the
application on behalf of the expedition.
team, the application shall be made by the Chinese team.
disapprove an application within 60 days after the receipt of the application
from a foreign expedition or a Chinese-foreign joint one, and shall notify,
in written form, its decision to the foreign or the Chinese-foreign joint
expedition, or to the provincial or autonomous regional mountaineering
association which has made the application on behalf of a foreign expedition,
as well as to the sports commission of the province or autonomous region
where the mountaineering activities are to take place.
Commission, the foreign expedition shall pay the registration fee as notified
and sign a mountaineering protocol with the unit designated in the
notification.
as the Chinese signatory) with a foreign expedition shall promptly submit a
copy of the protocol to the State Sports Commission to be put on record.
it has been submitted to the State Sports Commission and put on record. When
any alteration is needed, it is subject to the confirmation by both the
Chinese and foreign signatories through consultation. Any change in the
season, route or destination of a climb shall be reported to the State Sports
Commission for reexamination and new approval.
China, remit to the Chinese signatory all the budgeted expenses for its
mountaineering in China, and secure visas from the Chinese embassy or
consulate as notified by the State Sports Commission.
Chapter III Mountaineering Activities
arrangements to provide insurance for the accompanying Chinese citizens and
adopt workable measures to protect natural environment in the mountain areas
in accordance with the requirements of the State Sports Commission.
rules:
Sports Commission, and may not aim at any other peak or depart from the
approved route. No mutual assignment of peaks to be climbed or routes to be
followed is allowed between foreign expeditions.
any other expedition.
expedition intends to display a national flag of the country the expedition
represents, and a national flag of similar size of the People's Republic of
China shall be displayed simultaneously.
departments of the Chinese Government shall be the standard ones whenever
referred to.
other things shall be left in the climbing areas without permission.
shall be promptly reported to the State Sports Commission and the Chinese
signatory.
upon completing a climb.
shall be given gratis to the State Sports Commission and the sports
commission of the province or autonomous region where the climb has taken
place.
has reached the summit of a peak and whose success has been confirmed by the
State Sports Commission.
officials during their climb in China. The liaison officials shall be
designated by the Chinese signatory and their duties are as follows:
regulations of China;
the matter shall be handled by the liaison officials.
The categories and rates of service charges shall be published by the State
Sports Commission.
citizens with medical care, first-aid treatments and equipments needed for
camping and cooking.
expedition may not dismiss any Chinese citizen it has employed or suspend the
subsidies.
providing the accompanying Chinese citizens with medical care, firstaid
treatments and equipments for camping and cooking shall be determined through
consultation by the two parties.
Chapter IV Mountaineering Expeditions with Scientific Investigation and
Survey
and survey, a plan for such scientific investigation and survey shall be
submitted to the State Sports Commission simultaneously with the application
for mountaineering. The State Sports Commission shall forward the plan to the
State Science and Technology Commission or the State Survey and Drawing
Bureau for examination and approval.
foreign climbers may not carry out any systematic observation of the living
beings, rocks, minerals, ice and snow, water and soil in the areas they pass
through. Nor may they collect specimens, samples or fossils or engage in the
work of survey and drawing.
which has undertaken concurrent scientific investigation and survey shall
submit the following specimens and data to the State Science and Technology
Commission through the Chinese signatory:
and plants that have been discovered;
specimens of especially rare of the animals or plants collected;
investigation and survey during the mountaineering.
and drawing shall submit to the State Survey and Drawing Bureau a copy or
reproduction of the results of its work through the Chinese signatory.
Chapter V Entry and Exit of Mountaineering Equipments and Supplies
shall declare them to the Customs as "specially permitted import" or
"provisional import" as the case may be. After the verification and
permission by the Customs, the formalities relating to the Customs duties and
guarantees shall be gone through.
provisions, medicines for first-aid, cold-proof clothes and fuel needed by
mountaineers, may be brought into China as specially permitted duty-free
articles. Duties shall be levied for articles exceeding the reasonable amount.
communication, photography, video taping, survey and drawing, and special
means of transportation may be brought into China as provisionally duty-free
articles. After the mountaineering, these articles shall be out of China. If
this is not possible due to special reasons, due formalities shall be
completed through the State Sports Commission according to relevant
regulations of the State.
audio-visual materials produced by a foreign or Chinese-foreign joint
expedition may be taken out of China only after they have been inspected and
permitted by the relevant departments.
Chapter VI Penalty Provisions
provincial or autonomous regional level may impose such penalties as a
warning, a fine ranging from 5,000 to 50,000 yuan (RMB), or cessation of the
mountaineering depending on the seriousness of each case on foreign
mountaineers who have violated the stipulations in Articles 12, 13, 18, 19
and 20 of these Measures, or who have conducted mountaineering without
permission of the State Sports Commission.
these Measures, the State Sports Commission or the sports commissions at the
provincial or autonomous regional level may penalize separately or in
addition to the penalties mentioned in the paragraph above, the violators by
seizing the specimens, samples and fossils they have collected as well as the
materials they have produced.
penalty decision, the party may apply for administrative reconsideration of
case according to the relevant laws and regulations of China. Where the party
concerned refuses to accept the reconsideration decision, an administrative
lawsuit may be filed according to the relevant laws of China. Where the party
concerned neither apply for reconsideration nor file an administrative
lawsuit within a prescribed time limit, while refusing to comply with the
penalty decision on expiry of the time limit, the administrative department
which decided on the penalty may apply for a compulsory enforcement by the
people's court.
Chapter VII Supplementary Provisions
from Taiwan, Hong Kong and Macao shall be administered with reference to
these Measures.
responsible for the interpretation of these Measures.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/mftaotmcbfic773