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 号:  003187464/201801-00128  信息分类:  公民,其他 / DOC,TXT,其他
 发布机构:  泗县政府(办公室)  组配分类:  上级政策解读
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 生成日期:  2017/12/13 9:29:54  词:  实施 方法
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中华人民共和国归侨侨眷权益保护法实施办法

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

200464日国务院第53次常务会议通过,2004623日国务院第410号令公布,自200471日起施行。)

Adopted at the 53rd executive meeting of the State Council on June 4, 2004, promulgated by Decree No.410 of the State Council on June 23, 2004 and implemented as of July 1, 2004.
    第一条根据《中华人民共和国归侨侨眷权益保护法》的规定,制定本办法。

Article 1 These Measures are enacted in accordance with the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Family Members of Overseas Chinese.
  第二条归侨、侨眷的身份,由其常住户口所在地的县级以上地方人民政府负责侨务工作的机构根据本人申请审核认定。与华侨、归侨有长期扶养关系的亲属申请认定侨眷身份的,应当提供由公证机构出具的扶养证明。

Article 2 Identity of returned overseas Chinese and family members of overseas Chinese shall be scrutinized and affirmed by departments of overseas Chinese affairs of local governments at county level or above where their domicile is registered on the basis of their own applications. Identity of the other relatives who have been supported by overseas Chinese and returned overseas Chinese shall be examined and affirmed on the basis of the certificate of fostering relationship provide by the notary public office.
    第三条华侨、归侨去世后或者华侨身份改变后,其国内眷属原依法认定的侨眷身份不变。
    依法与华侨、归侨及其子女解除婚姻关系,或者与华侨、归侨解除扶养关系的,其原依法认定的侨眷身份丧失。

Article 3 After overseas Chinese or returned overseas Chinese died or changed their identifications, the identify of their relatives in China as originally determined according to law remained.

  The identify of their relatives in China as originally determined according to law shall be no longer in force, if the marriage with the overseas Chinese, the returned overseas Chinese and their children, or fostering relationship with the overseas Chinese and the returned overseas Chinese is dissolved in accordance with the law.
    第四条县级以上地方各级人民政府应当重视和加强归侨、侨眷合法权益保护工作。县级以上人民政府负责侨务工作的机构应当组织协调有关部门做好保护归侨、侨眷合法权益的工作,并组织开展本行政区域内归侨、侨眷权益保护的法律、法规执行情况的监督、检查。
    县级以上人民政府有关部门应当在各自的职责范围内做好归侨、侨眷合法权益的保护工作。

Article 4Local people's governments at or above the county level shall pay attention to and strengthen the protection of the lawful rights and interests of returned overseas Chinese and their relatives. Organizations in charge of overseas Chinese affairs under the people's government at or above the county level shall organize and coordinate relevant departments to do a good job in protecting the legitimate rights and interests of returned overseas Chinese and the overseas Chinese and organize the supervision and inspection on the implementation of the laws and regulations on the protection of the rights and interests of returned overseas Chinese and overseas Chinese in their own administrative areas.

     Relevant departments of the people's governments at or above the county level shall, within the scope of their respective functions and duties, do the work of protecting the legitimate rights and interests of returned overseas Chinese and their relatives.
    第五条华侨要求回国定居的,按照国家有关出入境管理的规定核发回国定居证明。

Article 5 The overseas Chinese who wants to return to the country for permanent residence, the certificate of settlement shall be reviewed and issued in accordance with relevant state regulations.
    第六条地方人民政府和有关部门对回国定居的华侨,按照国家有关规定给予安置。

Article 6 Local people's governments and departments concerned shall make arrangements for overseas Chinese who have returned to the country for permanent residence, according to relevant state regulations.
    第七条中华全国归国华侨联合会以及地方归国华侨联合会按照其章程开展活动,维护归侨、侨眷的合法权益。

Article 7 The All-China Association of Returned Overseas Chinese and its local organizations shall conduct their activities according to their constitutions to protect the lawful rights and interests of returned overseas Chinese and family members of overseas Chinese.
    归侨、侨眷有权依法申请成立其他社会团体,进行适合归侨、侨眷需要的合法的社会活动。

Returned overseas Chinese and family members of overseas Chinese shall have the right to establish other social organizations according to law and to conduct legitimate activities suitable to their needs.
    归侨、侨眷社会团体的合法权益以及按照章程进行的合法活动,受法律保护;其依法拥有的财产,任何组织或者个人不得侵占、损害。

The lawful rights and interests and the legitimate activities of the social organizations of returned overseas Chinese and the family members of overseas Chinese conducted according to their constitutions shall be protected by law. The property owned by such organizations in accordance with law shall not be appropriated or infringed upon by any organizations or individuals.
    第八条各级人民政府核拨给安置归侨的农场、林场等企业的专项经费应当专款专用,任何组织和个人不得挪用、截留或者私分。地方人民政府应当对安置归侨的农场、林场等企业给予扶持。

Article 8The funds and materials specially provided by the people's governments at all levels to enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese shall be allocated and used for the specific purpose, which no organizations or individuals may misappropriate, retain or divulge. The local people's governments shall give support to enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese.
    第九条安置归侨的农场、林场等企业合法使用的土地、山林、滩涂、水面等资源,企业依法享有使用权,其拥有的生产资料、经营的作物、生产的产品,任何组织或者个人不得侵占、损害;国家依法征收或者征用安置归侨的农场、林场的土地的,依法给予补偿。

Article 9 Enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese shall, according to law, have the right to use the state-owned land, mountain forests, beaches or water areas and other natural resources which they have lawfully used. Their means of production, corps and products shall be protected by law, which no organizations or individuals may appropriate or infringe upon. The State shall, in accordance with relevant state regulations, make due compensation and appropriate arrangements for the returned overseas Chinese whose land of agricultural or forest farms are to be dismantled and removed as the state requisitions the land for national construction according to law.
    第十条在安置归侨的农场、林场等企业所在的地方设置的学校、医疗保健机构,应当纳入地方人民政府的教育、卫生规划,统一管理。

Article 10  In areas where enterprises such as agricultural and forest farms have provided placement for returned overseas Chinese, schools and medical care and health institutions may be set up in light of needs and in a rational way, to which the State shall give support and aid with respect to personnel, facilities and funds.
    第十一条国家依法维护归侨、侨眷的社会保障权益。用人单位和归侨、侨眷应当依法参加当地的社会保险,缴纳社会保险费。参加社会保险的归侨、侨眷依法享受社会保险待遇。

 Article 11 The State shall safeguard the rights and interests of social security for returned overseas Chinese and the family members of overseas Chinese in accordance with law. The employers and the returnedoverseasChineseandthefamilymembersofoverseasChineseshall participate in local social insurance in accordance with law and pay the insurance premium. The returned overseas Chinese and the family members of overseas Chinese participating in social insurance shall enjoy social insurance benefits according to law.
    地方人民政府对生活确有困难的归侨、侨眷,应当给予救济,并对其生产、就业给予扶持;依法保障丧失劳动能力又无经济来源的归侨、侨眷的基本生活。

To the returned overseas Chinese and the family members of overseas Chinese who are incapacitated and have no source of income or live in straitened circumstances, the local people's governments shall provide relief and give support to their production and employment. They shall also protect the basic living conditions of returned overseas Chinese and family members of overseas Chinese who have lost their ability to work and have no financial resources according to law.
    第十二条归侨、侨眷依法投资开发荒山、荒地、滩涂,或者从事农业、林业、牧业、渔业生产,有关地方人民政府应当给予支持。

Article 12 Local people's governments shall support returned overseas Chinese and family members of overseas Chinese to invest in the development of barren hills, waste lands and beaches or to engage in agriculture, forestry, animal husbandry, sideline and fishery production.
    第十三条归侨、侨眷在国内兴办公益事业,各级人民政府及其有关部门应当给予支持,其合法权益受法律保护。

Article 13 The people's governments at all levels and relevant departments shall support returned overseas Chinese and family members of overseas Chinese to set up public welfare establishments in the country. Their lawful rights and interests shall be protected by law.
    归侨、侨眷境外亲友捐赠的物资用于国内公益事业的,依法减征或者免征关税和进口环节的增值税。

Where returned overseas Chinese and family members of overseas Chinese receive materials from donations made by their relatives or friends outside the country and will use them in domestic public welfare undertakings, the customs duty and the import value-added tax for the materials shall be reduced or exempted in accordance with the provisions of laws and administrative regulations.
    归侨、侨眷及其境外亲友在境内投资的企业捐赠的财产用于公益事业的,依法享受所得税优惠。

Acceptance by returned overseas Chinese and family members of overseas Chinese of materials donated by their enterprises invested in the country and used directly in public welfare undertakings, shall enjoy the income tax benefits in accordance with law.
    归侨、侨眷境外亲友向境内捐赠财产的,县级以上人民政府负责侨务工作的机构可以协助办理有关入境手续,为捐赠人实施捐赠项目提供帮助,并依法对捐赠财产的使用与管理进行监督。

To relatives of returned overseas Chinese and family members of overseas Chinese outside the country return donations of property to the territory, the institutions in charge of overseas Chinese affairs under the people's government at or above the county level may assist in handling the relevant immigration procedures, provide assistance to donors in their donation projects, and supervise the use and administration of donated property in accordance with the law.
    第十四条国家依法保护归侨、侨眷在国内私有房屋的所有权。归侨、侨眷对其私有房屋,依法享有占有、使用、收益和处分的权利,任何组织或者个人不得侵犯。

Article 14 The State shall protect the ownership of private houses in the country of returned overseas Chinese and family members of overseas Chinese. Returned overseas Chinese and family members of overseas Chinese shall, according to law, have the right to possess, use, dispose of or profit from their private houses, which no organizations or individuals may appropriate or infringe upon.
    第十五条租赁归侨、侨眷的私有房屋,须由出租人和承租人签订租赁合同,并到房屋所在地的房产管理部门登记备案。租赁合同终止时,承租人应当将房屋退还出租人。

Article 15 Those who rent the private houses of returned overseas Chinese and family members of overseas Chinese shall sign a contract of lease with the leasor, and shall register for record in the local competent authority of house property. At the termination of the lease contract, they shall return the houses back to the leasor.
    第十六条依法拆迁归侨、侨眷私有房屋的,拆迁人应当按照国家有关房屋拆迁管理的规定给予货币补偿或者实行房屋产权调换。按照政府规定的租金标准出租的归侨、侨眷的私有房屋被拆迁的,补偿安置的办法由国务院建设主管部门会同有关部门规定。

Article 16 The dismantlement unit shall, in accordance with relevant state regulations, make due compensation and appropriate arrangements for the returned overseas Chinese and the family members of overseas Chinese whose private houses are to be dismantled and removed as the state requisitions the land for national construction according to law. Where the private houses for returned overseas Chinese and family members of overseas Chinese who are rented according to the rent standards stipulated by the government are to be dismantled and removed, the compensation and resettlement measures shall be formulated by the competent construction department under the State Council in conjunction with the relevant departments.
    第十七条华侨子女回国就读实施义务教育的学校,应当视同当地居民子女办理入学手续;归侨学生、归侨子女和华侨在国内的子女报考国家举办的非义务教育的学校,教育等有关部门应当按照国家有关规定结合本地区实际情况给予照顾。

Article 17ChildrenofoverseasChinese who want to go to compulsory education schools in the country shall enjoy the same admission procedures as children of local residents. Students who are returned overseas Chinese, children of returned overseas Chinese and children, residing in the country, of overseas Chinese, shall, in accordance with relevant state regulations, be given special considerations in respect of admission to national non-compulsory education schools, by local enrollment departments in the light of the actual conditions.
    第十八条侨汇是归侨、侨眷的合法收人,其所有权受法律保护,任何组织或者个人不得侵占、延迟支付、强行借贷或者非法冻结、没收。

Article 18 Overseas remittances constitute legal income of returned overseas Chinese and family members of overseas Chinese, its ownership shall be protected by law. No organizations or individuals can misappropriate, embezzle, forcibly deduct, delay payment, debit and credit without permission or freeze and confiscate unlawfully.
    第十九条归侨、侨眷需要赴境外处分财产或者接受遗产、遗赠、赠与的,有关部门和我国驻外国的外交(领事)机构或者外交部授权的其他驻外机构,可以根据归侨、侨眷的请求提供必要的协助。

Article 19 The relevant departments and China's foreign affairs (consular) organizations or other overseas agencies authorized by the Ministry of Foreign Affairs shall provide the necessary assistance to returned overseas Chinese and family members of overseas Chinese who need to go abroad to dispose of their property or accept their inheritance, bequests, donations, upon their request.
    第二十条归侨、侨眷的通信自由和通信秘密受法律保护,任何组织或者个人不得非法开拆、隐匿、毁弃或者盗窃归侨、侨眷的邮件。归侨、侨眷的给据邮件丢失、损毁、内件短少的,邮政部门应当依法赔偿。

Article 20 The freedom and privacy of communications of returned overseas Chinese and  family members of overseas Chinese shall be protected by law, no organizations or individuals can open, hide, scrap or steal their postal matters illegally. The postal departments shall compensate or take remedial measures for the loss, damage or deficiency in contents of the postal matters with receipts for addressees of returned overseas Chinese and the family members of overseas Chinese according to law.
    第二十一条归侨、侨眷申请出境的,有关主管部门应当在规定的期限内依法办理手续。归侨、侨眷因境外直系亲属病危、死亡或者处理境外财产等特殊情况急需出境的,有关主管部门应当根据申请人提供的有效证明优先办理。

Article 21Where returned overseas Chinese and family members of overseas Chinese apply for exit from the country, the competent authorities concerned shall handle the procedures within the prescribed time limit.
Where returned overseas Chinese and family members of overseas Chinese desire to leave the country urgently because of special circumstances such as critical illness (es) or death(s) of their direct lineal relatives and the need for disposition of property outside the country within a prescribed time limit, the competent authorities concerned shall give them priority when handling the procedures on the basis of the valid certificates provided by the applicants.
    第二十二条归侨、侨眷按照国家有关探亲规定享受出境探亲待遇。

Article 22Returned overseas Chinese and family members of overseas Chinese shall enjoy the treatment as provided in the relevant regulations of the State in respect of leaving the country for the purpose of visiting their relatives.

第二十三条 按照国家规定退休(离休)的归侨、侨眷获准出境定居的,按照国家规定享受的退休(离休)待遇不变。其养老金可以委托他人领取,但需每年向原工作单位或者负责支付养老金的社会保险经办机构提供由我国驻其所在国的外交(领事)机构或者所在国公证机构出具的本人生存证明文件。

Article 23 Returned overseas Chinese and their relatives who retire according to the state regulations are approved for settling abroad, enjoy treatment according to the state regulations unchanged. They could entrust others to collect their pension for them, but a certificate of survival issued by either the Chinese foreign affairs institute (consular) settled in their residential country or notary institutes of their residential country, should be provided to his original employer or the social insurance agency which is responsible for paying pensions.

归侨、侨眷退休(离休)后出境定居又回国就医的,按照当地有关规定享受相应的医疗待遇。

Returned overseas Chinese and their relatives who settle abroad after retirement but then return to China for medical service, enjoy medical treatment according to local related regulations.

不符合国家规定退休条件的归侨、侨眷职工获准出境定居的,按照国家有关规定办理辞职、解聘、终止劳动关系手续,按照国家有关规定享受一次性离职费及相关待遇,已经参加基本养老保险、基本医疗保险的,由社会保险经办机构按照国家有关规定一次性结清应归属其本人的费用,并终止其基本养老保险、基本医疗保险关系。归侨、侨眷获准出境定居,出境前依法参加前款规定以外的其他社会保险的,按照国家有关规定享受相应的社会保险待遇。

Returned overseas Chinese and their relatives who dont meet the retirement conditions according to the state regulations are approved for settling abroad, should handle formalities of resignation, dismissal and termination of labor relation according to related state regulations, and enjoy one-off severance pay and related treatment according to related state regulations. For those who already attended basic endowment insurance and medical insurance, the social insurance agency should sort out the expenses belongs to them at once according to related state regulations and terminate basic endowment insurance and medical insurance relations with them. Returned overseas Chinese and their relatives who are approved for settling abroad attend other social insurances other than those stated in the preceding paragraph before departure, enjoy related social insurance treatment according to related state regulations.

第二十四条 归侨、侨眷在获得前往国家(地区)的入境签证前,所在工作单位或者学校不得因其申请出境而对其免职、辞退、解除劳动关系、停发工资或者责令退学,并且不得收取保证金、抵押金。

Article 24 Before returned overseas Chinese and their relatives achieve visas for their destination country(region),their employers or schools are neither allowed to take actions of deposal, dismissal, termination of labor relations, stopping wage release or ordering to withdraw against them for the reason of their application of an exit visa, nor charge any cash or security deposit.      

归侨、侨眷按照国家有关探亲规定获准出境探亲的,在批准的假期内,其工作、 租住的公房应当保留。

Returned overseas Chinese and their relatives whose authorized vacations are still in the valid period are approved for family visit abroad according to related state regulations of family visit, their jobs, rental of public rental residence should be reserved.

第二十五条 归侨、侨眷出境探亲或者定居的,按照规定可以兑换外汇;出境定居的,其领取的社会保险金、住房公积金可以按照规定兑换外汇汇出或者携带出境。

Article 25 Returned overseas Chinese and their relatives who pay a family visit or settle abroad, could exchange for foreign currencies according to regulations; for those who settle abroad, their social security payment and housing fund are allowed to be exchanged into foreign currencies for remittance or carrying out.

第二十六条 我国驻外国的外交(领事)机构根据我国缔结或者参加的国际条约或者国际惯例,保护归侨、侨眷在境外的合法权益。

Article 26 The Chinese foreign affairs institute (consular) protects the legitimate interest of returned overseas Chinese and their relatives according to the international treaty concluded or entered into by China or international conventions.

归侨、侨眷在境外有养老金、抚恤金等需要领取的,我国驻外国的外交(领事)机构可以根据其请求提供必要的协助。

If returned overseas Chinese and their relatives have the necessity of collecting their overseas annuities or pensions, The Chinese foreign affairs institute (consular) could provide necessary assistance according to their request.

第二十七条 归侨、侨眷的合法权益受到侵害的,有权要求有关主管部门依法处理,或者向人民法院起诉。对有经济困难的归侨、侨眷,当地法律援助机构应当依法为其提供法律援助。各级归国华侨联合会应当给予支持和帮助。

Article 27 While the legitimate interest of returned overseas Chinese and their relatives is abused, they have the right to request for handling from relative departments according to law or submit a case to the peoples court. For those who are in financial difficulties, local legal aid institutions should provide legal aid to them. Federation of Returned Overseas Chinese at all level should provide support and assistance.

第二十八条 经办侨务专项经费的机构、人员违反本办法规定,挪用、截留、私分侨务专项经费的,对直接负责的主管人员和其他直接责任人员依法给予行政处分或者纪律处分;构成犯罪的,依法追究刑事责任。被挪用、截留、私分的侨务专项经费,由其主管部门责令追回。

Article 28 If institutes or personnel who manage the special expenses of foreign affairs violate these regulations, embezzle, intercept or privately divide the special expenses, administrative or disciplinary sanction should be given to the supervisor or other personnel who is in direct charge; If constitutes crime, criminal prosecution should be taken according to law. The expenses which have been embezzled, intercepted or privately divided, should be instructed to retrieve by its competent department.

第二十九条 国家机关工作人员滥用职权、玩忽职守、徇私舞弊,致使归侨、侨眷合法权益受到损害的,对直接负责的主管人员和其他直接责任人员依法给予行政处分或者纪律处分;构成犯罪的,依法追究刑事责任。

Article 29 if the legitimate interest of returned overseas Chinese and their relatives is abused for the reason of misuse of authority, neglect of duty, irregularities for favoritism of the state personnel, administrative or disciplinary sanction should be given to the supervisor or other personnel who is in direct charge; If constitutes crime, criminal prosecution should be taken according to law.   

第三十条 本办法自200471日起施行。1993719日国务院发布的《中华人民共和国归侨侨眷权益保护法实施办法》同时废止。

Article 30 This measure will be implemented as of 1st July 2004, <Measures for the implementation of the law on the protection of the rights and interests of returned overseas Chinese and their relatives in the People's Republic of China> issued by the state council on 19th July 1993 will be abolished simultaneously