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Updated 2008/9/28

Provisions of the State Council on the implementation of Law of the People's Republic of China on Regional Ethnic Autonomy
  2008-09-26 10:43

  Order No. 435 of the State Council of the People's Republic of China

  (Adopted at the 89th Working Conference of the State Council onMay 11, 2005, Provisionsof the State Council on the implementation of Law of the People's Republic of China on Regional EthnicAutonomy is hereby promulgated and it will take effective as of May 31, 2005)

                                                   Premier: Wen Jiabao

                                                   May 19,2005


  Article 1 In accordance with Law of the People's Republic of China on Regional Ethnic Autonomy, the Provision is formulated in order to speed up the economic and social development of ethnic autonomous areas, strengthen national solidarity and boost the common prosperity of all nationalities.

 

  Article 2 Governments at all levels shall intensify the publicity and education of Law of the People'sRepublic of China on Regional Ethnic Autonomy and related laws, regulations and policies towards minorities, formulate implementation measure by law to protectthe legitimate rights and interests of ethnic minorities and properly dispose issues concerning national unity, uphold and improve the system of regional ethnic autonomy, consolidate and enhance socialist ethnic relations ofequality, solidarity and mutual assistance and any act which undermines the unity of the nationalities or instigates division is prohibited.

  Article 3 Maintaining the motherland's unification and national solidarity isthe responsibility andobligation of each citizen. Governments of ethnic autonomous areas shall guarantee the abidance and implementation of the Constitution and laws in their respective region in great earnest and safeguard the overall interests of the country actively.

  Article 4 Governments at all levels shall carry outactivities to boost national solidarity and progress of ethnic minoritiesand award and encourage units and individualswho makeoutstanding contributions to national solidarity and progress.

  Article 5 At the time of formulating middle and long-term planning for economic and social development, governments at higherlevels shall listen to opinions of ethnic autonomous areas and departmentsin charge of ethnic minorities affairs to support ethnic autonomous areas to strengthen infrastructure construction, HR development, enlarge openingup, adjust and optimize economic structure, rationally use natural resources, intensify ecological construction and environmental protection and accelerate such undertakings as economy, education, science and technology, culture,health and sports to realize all-round, coordinated and sustainable development.

 

  Article 6 The state implements Western Development strategy tobolster the development ofethnic autonomous areas. Autonomous counties not included in the scope of Western Development shall be given relating policiessupport bythegovernment of the province where it is in by referring to related policies of Western Development.

  Article 7 The people's governments at higher levels shall give priority to arranging infrastructure projects in ethnic autonomousareas according to the actual situations of the ethnicautonomous areas.

Construction fund of the central finance, other special construction fund and the loan ofpolicy-related banks shall increase the proportion for infrastructure projects in ethnic autonomous areas.

As to infrastructure projects which require ethnic autonomous areas to shoulder supportive fund according to the arrangement of the state, the proportion of supportive fund shall be moderately reduced. Thesupportive fund canbe exempted for key poverty-relief counties and poverty-stricken counties which can't afford the fund in ethnic autonomous areas. While, infrastructure projects which are local affairs shall be financed by local finance in full afterthe central and provincial governments have confirmed the contribution proportion and infrastructure projects which are central affairs shallbe financed by central finance in full.

  Article 8 According to the planning for economic and social development and Western Development strategy, the state shall give priority to arrange resource exploitation anddeepprocessing projects in ethnic autonomous areas. Projects whichexploitoil and natural gas in ethnic autonomous areas shallplay a positiverole in boosting local economic development, developingcorresponding service industries and creating job opportunities. 

When using the mineral resource compensation fee collected, the input to ethnic autonomous areas shall be enlarged and priority shall begiven to ethnic autonomous areas which are place of origin.

The state speeds up the establishment of an ecological compensation mechanism. In line with the principle of Ў°paid by the developers, subsidized by beneficiaries and compensated by destroyers, ethnic autonomous areas which have made contributions to ecological environment protection as wild plants and animalprotection and natural reserve construction shall be compensated through transfer program and project support from the layers of state, region andindustry.

  Article 9 The state shall gradually enlarge the financial transfer payment to ethnic autonomous areas through ordinary transferprograms, special financial transfer programs, transfer programs of favorable policies to ethnic minorities and other mode with the difference of public service outlay in consideration. Relating departments of people's governments at higher levels shallappropriately direct to the ethnic autonomousareas when distributing special funds.

Finance of the upper levels shall support local finance of ethnic autonomousareasto ensure the normal running of state organs, payment of those who live on public finance in fullamount at due timeand normal outlays of compulsory education.

If the revenue of ethnic autonomous areas issqueezed for taxes exemption and reductionpolicies promulgated by governments at higher levels, governments at higherlevels shall take the factor into consideration when devising transfer program.

The state standardizes the financial transfer program below provincial level to ensure favorable policies as transfer programand tax refunding beactually applied to autonomous counties.

  Article 10 The state sets up special funds, assisting ethnic autonomous areas todevelop economicand social undertakings.

Central finance sets up funds for ethnic minorities development and ethnic minorities affairs. The fund shall be gradually increased accordingly with thatof economic development and the central revenue. Local finance shall also sets up funds for ethnic minorities development and ethnic minoritiesaffairs.

  Article 11 The state helps ethnic autonomous areas to expand indirect and direct financing channels and intensify financial supports to ethnic autonomous areas.

The state shall guide the credit direction of financial institutions rationally and encourage financial institutions to actively support key constructions and countryside development of ethnical autonomous regions. When distributing the donations and favorable loans from international organizations and foreign governments,governments at higher levels shall direct to ethnic autonomous areas in permitted.

  Article 12 The state improves preferential policies in supporting trade ofethnic minorities and the production and development of commodities ingreat need of by ethnic minorities and traditional handicrafts and gives special treatment to trade of ethnic minorities and theproduction and development of commodities in great need of by ethnic minorities and traditional handicrafts in taxation, finance and financial policies. Designated productionshall be adoptedand necessary national reserve system shall be establishedfor commodities in great need of by ethnic minorities.

  Article 13 The state encourage ethnic autonomous areas which border on foreign countries to carry out regional economic and technological cooperation and frontier trading with the neighboring countries.

Upon approval of the State Council, frontier trading areas can be set upin ethnic autonomous areas bordering on foreign countries.

 The state adopts flexible measures and assigns preferential treatment and convenience to the trading and mutual trade between the frontier area and the counterpart of the neighboring countries.

  Article 14 The state includes frontier areas in the planning for economic and social development and assist ethnic autonomous areas to acceleratefrontier construction, flourish the frontier andenrich the civilians to boost the coordinated development between frontier area and thehinterland.

The state shall adopt special measures to inhabitants who reside in frontierarea having great significant in solidifying national defense and ensuring border security in such aspects as housing, life, culture, education, medical care and health and environmental protection and intensify supports.

  Article 15 Governments athigher levels shall include areas inhabited by ethnic minorities in planning for economic and social development, enhance the support and give favorable treatment in communication, energy, ecological environment protectionand construction, agriculturalinfrastructure building, radio, film and television, culture, education, medical care and healthand local people's productionand life.

  Article 16 The state shall enhance poverty-relief and development of ethnic autonomous areas, give priority to infrastructure constructions and farmland capital constructions with water, electricity, highway, TV and radio access, thatching and dilapidatedbuilding transforming andrelocation for ecological reasons as the keys and mobilize and organize non-governmental forces to participate in poverty-relief anddevelopment of ethnic autonomous areas.

  Article17 The state encourages,supports and guides ethnic autonomous areas to develop non-public-owned economies, encourages social capitals to participatein the constructions of infrastructure, public utilities and other fields and the transformation ofstate-owned or collectively-owned enterprises in ethnic autonomous areas.

  Article 18 The state organizes andsupports economically-developed areas to forge sister relations with ethnic autonomous areas to help ethnic autonomous areas to accelerate the development of economy, culture, education, science and technology, health and sports undertakings through thetransfer of labor-intensive and resource-based industries, technology transfer, exchange and talent cultivation, enlarging capital input and provision of material support; encourages and guides enterprises, higher learning institutions and science studyinstitutes and other segments of society to raise the support of ethnic autonomous areas.

Governments at all levels of ethnic autonomous areasshall guide and organize local people to go out for business or throw in labor force orderly. Relating local government shall guarantee the legitimateinterests and rights of people of ethnic minorities who come to do business or serve aslabors.

  Article 19 The state helps ethnic autonomous areas to achieve the goal of 9-year compulsory education universal in ethnic autonomous areas, eliminate illiteracy among young and middle-aged people and constantly improve the condition foreducation and takes efforts to support ethnic autonomous areas to operate some boardingschools. Class of nationalities or middle school of nationalities shall be open in ordinary middleschools of developed areas and the conditions for education, teaching and management level shallreach the standard and level of local schools.

The state adopts measures to support ethnic autonomous areas to develop occupational education and adult education in line with theirlocal conditions and develop ordinary high schooleducation and modern distance education to boost the comprehensive development of countryside fundamental education, adult education and occupational education.

The state encourages and supports non-governmental forces to run schools in ethnicautonomousarea in a multiple of forms and actively organizes developed areas to support ethnic autonomous areasto develop education undertaking.

  Article 20 Governments at all levels shall include the compulsory education in ethnic autonomous area in the supported scope of public finance. The central finance shall set up special subsidization fund for the education of ethnic minorities and local finance shall also arrange a portion of special subsidization fund for the education of ethnic minorities.

The state actively creates conditions tomainly support the compulsory education in frontier areas, poverty-stricken areas and areas inhabited by ethnic minorities of ethnicautonomous areasand adopt compulsory education free ofcharge gradually in ethnic autonomous areas.

  Article 21 The state helps and supports ethnic autonomous areas to develophigher educations, run colleges of nationalities, preparatory class and class of nationalities in higher learning institutionsbetter. Special policy supportshall be given to higher learning institutions in ethnic autonomous areas and colleges of nationalities in faculty building and postgraduate recruitment. 

As to higherlearning institutions which recruit students of ethnic minorities, the recruitment proportion shall be enlarged year-on-year and special treatment shall begiven moderately. When recruiting students of ethnic minorities who apply to enrollin junior college, college and graduate education, the standard and condition can be loosened moderately by lower down the recruitment score or adding some merits according to the actual situations and given treatment can be given to students of ethnic minorities whose population is small.

  Article 22 The state protects the freedom of ethnic minorities in using and developing the language and character oftheir own and supports the regularization, standardization of the language andcharacter of ethnic minorities and information processing; popularizes Putonghua (common speech of the Chinese language ) and the standardized characters that are in commonuse in the whole country and encourages citizens of all ethnic minorities in ethnic autonomous areas to learn the language andcharacter of each others'.

The state encourages ethnic autonomous areasto gradually adopt "bilingual teaching" with language of ethnic minority and Chinese language, assists the study, development,editing & translation and publishing of teachingmaterials in language of ethnic minority and Chinese language, supports the establishment and improvement of the editing &translation and censoring institutions of teaching materials of ethnic minorities and helps to cultivation teaches good at both languages of ethnic minorities and Chinese.

  Article 23 The state shall assist ethnic autonomous areas to establish and improve science and technology service system and science popularization system. The central finance shall enhance the support to the science and technology undertaking in ethnic autonomous areas, actively support and boost the development of science and technology undertaking in ethnic autonomous areas through such manners as national science and technology program, science fund and specialfunds.

  Article 24 Governments at higherlevels shall support the development of culture of ethnic minorities in ethnic autonomous areas, intensifycultural infrastructure construction,give priorityto public welfare-related cultural undertaking with ethnic minorities characteristics and styles, strengthen thebuildingof public culture service system in ethnic autonomous areas, cultivate and develop cultural industryofethnic minorities in theaspects of policies and funds.

The state shallsupport the development of press and publication undertakings ofethnic minorities and do a better job in the translation, making and projection of radio, TV and film in languages of ethnic minorities and assist the translation and publication of publications in languages ofethnic minorities.

The state shall attach importance to the inheriting and development ofexcellent traditional culture of ethnic minorities, regularly host sports games of ethnic minorities and jointperformance of ethnic minorities to prosper the cultural and artistic creation of ethnic minorities and enrich the cultural life of people of ethnic minorities.

  Article 25 Governments at higher levelsshall support the protection and salvage of non-material cultural heritages and such material culturalheritages as places of interest and historic sits and cultural relics and assist the collection, tidying up and publication ofancient books ofethnic minorities.

  Article 26 Governments at higher levels shall enhancethe capital input and technical support to the construction of public health system in ethnic autonomous areas, takeeffectivemeasures to prevent and control infectious diseases, endemics and verminosis, establish and improve rural health servicesystem, new-type rural cooperativemedical system and medical aid system in countryside and lighten the medical expense burdenof poor people in ethnic autonomousareas. Governments of all levels shall intensify the input, protection, support of the medical undertaking of ethnic minorities to develop medicineof ethnic minorities and upgrade the health level of the whole nation.

Governments at higher levels shall formulate preferential policiesto encourage ethnic autonomous areas to implement family planning and good prenatal and postnatal care to heighten the population quality of all nationalities.

  Article 27 In line with relating regulations ofthe state, governments at higher levels shall assist ethnic autonomous areas to expedite the building of socialsecuritysystem, establish and improve endowment, unemployment, medical, work injury and maternity insurances and the subsistence allowances for the urban poor to form asocial security system in conformity with local economic and social development level.

  Article 28 There shall be certain proportion of cadres of ethnic minorities in governments at higher levels and their departments; cadres of ethnic minorities shall be assigned by law to be responsible for ethnicautonomy in the governments of ethnic autonomous areas and their departments.When selecting cadres andbiding for leaders' positioning, quota and positions for ethnic minorities shall be pre-saved to directed at cadres of ethnic minorities.

When recruiting and employing state functionaries, ethnic minorities shall be given special treatment and the specifications shallbe formulated by the recruitment and employment department in charge.

  Article 29 Governments at higher levels shallguide ethnic autonomous areas to formulate talent development planning and adopt various effective measures to actively cultivate talents of all categories and classes of ethnic minorities.

The state shall adopt measures to enforce the training ofcadres of ethnic minorities and cadres of ethnic autonomous areas, expand the cadre andtalent training scale for ethnic autonomous areas in cadre training institutions and higher learning institutions and establish and improve the cadre exchange systembetween ethnic autonomousareas, central state organs and economically-developed areas.

The State encourages and supports talents of all categories and classes to develop and pioneer in ethnic autonomous areas and local government shall offer preferential and convenient working and living conditions to them. Dependents and children of cadres of Han nationality or ethnic minorities who go to work in remote, tough and frigid ethnic autonomous areas shall enjoy special treatment in employment and schooling.

  Article 30 Department ofethnic affairs in governments at all levels shall supervise the implementationofthe Provisions and report the inspection situations to government at the same level annually with opinions and proposalsattached.

  Article 31 Those which defalcate, embezzle and withhold fund specially for ethnic autonomous areas disregarding the financial and accounting system of the state will be ordered to return the defalcated, embezzled and withheld fund in stipulated period and administrative sanction will be given to the person in charge and other related personnel. Legal responsibilities will be investigated for those which have constituted criminal.

  Article 32 If governments of any levels don't performtheir functions and responsibilities disregarding the Provisions, administrative organs orsupervision organs at higher levels shall order them to rectify.

If workersin administrative organs ofall levels commit crimes by abusing their power, malpractice and bending the law, criminal responsibilities will be investigated. Administrative sanction will be assignedfor those which can't constitute criminals.

  Article 33 Governments at higher levels herein refer to governments at higher levels of the ethnic autonomous areas.

  Article 34 Relating department of the State Council and governments of autonomous regions and provinces and municipalities which have autonomous prefectures and autonomous counties under it shall formulate specifications according to the Provision and report the implementation situations to the State Council.

  Article 35 TheProvisions take effective as of May 31, 2005.



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