中华人民共和国归侨侨眷权益保护法

LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF THE RIGHTS AND INTERESTS OF RETURNED OVERSEAS CHINESE AND THE FAMILY MEMBERS OF OVERSEAS CHINESE

第一条　为了保护归侨、侨眷的合法的权利和利益，根据宪法，制定本法。

Article 1 This Law is enacted in accordance with the Constitution with a view to protecting the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese.

第二条　归侨是指回国定居的华侨。华侨是指定居在国外的中国公民。

Article 2 "Returned overseas Chinese" denote overseas Chinese who have returned to the country and taken it as their place of permanent residence. "Overseas Chinese" denote Chinese citizens who have settled down abroad.

侨眷是指华侨、归侨在国内的眷属。

"Family members of overseas of Chinese" denote the family members, residing in the country, of overseas Chinese and returned overseas Chinese.

本法所称侨眷包括：华侨、归侨的配偶，父母，子女及其配偶，兄弟姐妹，祖父母、外祖父母，孙子女、外孙子女，以及同华侨、归侨有长期抚养关系的其他亲属。

"The family members of overseas Chinese" referred to in this Law include overseas Chinese's and returned overseas Chinese's spouses, parents, children and their spouses, brothers and sisters, paternal grand-parents, maternal grand-parents, grand-children and other relations who have long supported or been supported by overseas Chinese or returned overseas Chinese.

第三条　归侨、侨眷享有宪法和法律规定的公民的权利，并履行宪法和法律规定的公民的义务，任何组织或者个人不得歧视。

Article 3 Returned overseas Chinese and the family members of overseas Chinese shall be entitled to the citizen's rights prescribed by the Constitution and the law and at the same time shall perform the citizen's duties prescribed by the Constitution and the law. No organization or individual may discriminate against them.

国家根据实际情况和归侨、侨眷的特点，给予适当照顾，具体办法由国务院或者国务院有关主管部门规定。

The state shall, in accordance with the actual conditions and the characteristics of returned overseas Chinese and the family members of overseas Chinese, give them appropriate preferential treatment, and the specific measures thereof shall be formulated by the State Council or the relevant competent departments under the State Council.

第四条　国家对回国定居的华侨给予安置。

Article 4 The state shall make arrangements for overseas Chinese who have returned to the country and taken it as their place of permanent residence.

第五条　全国人民代表大会和归侨人数较多地区的地方人民代表大会应当有适当名额的归侨代表。

Article 5 Returned overseas Chinese shall be entitled to appropriate representation on the National People's Congress and local people's congresses in places where there are relatively large numbers of returned overseas Chinese.

第六条　归侨、侨眷有权依法组织社会团体，维护归侨、侨眷的合法权益，进行适合归侨、侨眷需要的合法的社会活动。

Article 6 Returned overseas Chinese and the family members of overseas Chinese shall have the right to establish public organizations in conformity with the law, to safeguard the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese and to conduct legitimate social activities suitable to their needs.

归侨、侨眷依法成立的社会团体的财产受法律保护，任何组织或者个人不得侵犯。

The property of the public organizations established according to law by returned overseas Chinese and the family members of overseas Chinese shall be protected by law, and shall not be infringed upon by any organizations or individuals.

第七条　国家对安置归侨的农场、林场等企业给予扶持，任何组织或者个人不得侵占其合法使用的土地，不得侵犯其合法权益。

Article 7 The state shall give support to enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese. No organization or individual may appropriate the land lawfully used by such enterprises or infringe upon their lawful rights and interests.

安置归侨的农场、林场等企业可以根据需要，合理设置学校和医疗保健机构，国家在人员、设备、经费等方面给予扶助。

Enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese may, in accordance with their needs, set up schools and medical care and health institutions in a rational way, to which the state shall give support and aid with respect to personnel, facilities and funds.

第八条　归侨、侨眷投资兴办工商企业，投资开发荒山、荒地、滩涂，或者从事农业、林业、牧业、副业、渔业生产，地方各级人民政府应当给予支持，其合法权益受法律保护。

Article 8 Local people's governments at various levels shall support returned overseas Chinese and the family members of overseas Chinese to invest in the establishment of industrial and commercial enterprises, in the development of barren hills, waste lands and beaches, or to engage in the agricultural, forestry, animal husbandry, sideline and fishery production.Their lawful rights and interests shall be protected by law.

第九条　归侨、侨眷在国内兴办公益事业，各级人民政府应当给予支持，其合法权益受法律保护。

Article 9 People's governments at various levels shall support returned overseas Chinese and the 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、侨眷接受境外亲友自愿捐赠的物资用于公益事业的，按照国家有关规定办理并享受减征或者免征关税的优惠待遇。

 Returned overseas Chinese and the family members of overseas Chinese who receive materials from donations voluntarily made by their relatives and friends outside the country and will use them in public welfare undertakings shall, in accordance with relevant state regulations, deal with the acceptance and enjoy preferential treatment of duty reduction or exemption.

第十条　国家依法保护归侨、侨眷在国内私有房屋的所有权。

Article 10 The state shall, in accordance with the law, protect the ownership of private houses, in the country, of returned overseas Chinese and the family members of overseas Chinese.

国家建设依法征用、拆迁归侨、侨眷私有房屋的，建设单位应当按照国家有关规定给予相应补偿和妥善安置。

Construction units shall, in accordance with the relevant state regulations, make due compensation and appropriate arrangements for those returned overseas Chinese and the family members of overseas Chinese whose private houses are requisitioned, dismantled or removed according to law for state construction.

第十一条　归侨学生、归侨子女和华侨在国内的子女升学、就业，按照国家有关规定给予照顾。

Article 11 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 school admission and employment.

第十二条　国家保护归侨、侨眷的侨汇收入。

Article 12 The state shall protect the income of returned overseas Chinese and the family members of overseas Chinese from remittance sent by overseas Chinese.

第十三条　归侨、侨眷有权继承或者接受境外亲友的遗产、遗赠或者赠与。

Article 13 Returned overseas Chinese and the family members of overseas Chinese shall have the right to inherit or accept the estate, legacy or donation from their relatives or friends outside the country.

归侨、侨眷有权处分其在境外的财产。

Returned overseas Chinese and the family members of overseas Chinese shall have the right to dispose of their property outside the country.

第十四条　归侨、侨眷与境外亲友的往来和通讯受法律保护。

Article 14 Contacts and communications between returned overseas Chinese and the family members of overseas Chinese and their relatives and friends outside the country shall be protected by law.

第十五条　归侨、侨眷申请出境，有关主管部门应当在规定的期限内审批。

Article 15 Applications for exit from the country by returned overseas Chinese and the family members of overseas Chinese shall be examined for approval by the competent authorities concerned within the prescribed time limit.

归侨、侨眷确因境外直系亲属病危、死亡或者限期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及时审批。

For returned overseas Chinese and the family members of overseas Chinese who desire to leave the country urgently because of special circumstances such as critical illness(es) or death(s) of their direct lineal relatives or the need for disposition of property outside the country within a prescribed time limit, the competent authorities concerned shall give examination for approval without delay on the basis of valid certificates provided by the applicants.

第十六条　国家保障归侨、侨眷出境探亲的权利。

Article 16 The state shall safeguard the right of returned overseas Chinese and the family members of overseas Chinese to leave the country for the purpose of visiting their relatives.

国家机关和国营企业事业单位的归侨、侨眷职工，按照国家有关规定享受出境探亲的待遇。

Returned overseas Chinese and the family members of overseas Chinese who work in state organs or state-owned enterprises and institutions shall enjoy the treatment as provided in the relevant state regulations in respect of leaving the country for the purpose of visiting their relatives.

第十七条　归侨、侨着有权出境定居。

Article 17 Returned overseas Chinese and the family members of overseas Chinese shall have the right to leave the country and settle down abroad.

离休、退休、退职的归侨、侨眷职工出境定居的，其离休金、退休金、退职金照发。

Returned overseas Chinese and the family members of overseas Chinese who left their posts as veteran cadres, retired or quitted their posts for justified reasons shall continue to receive their pensions after leaving the country for setting down abroad.

第十八条　归侨、侨眷申请自费出国学习，按照国家有关规定给予照顾。

Article 18 Returned overseas Chinese and the family members of overseas Chinese who apply to go abroad for the purpose of study at their own expense shall be given preferential treatment in accordance with the relevant state regulations.

第十九条　国家对归侨、侨眷在境外的正当权益，根据中华人民共和国缔结或者参加的国际条约或者国际惯例，给　予保护。

Article 19 The state shall protect the legitimate rights and interests, outside the country, of returned overseas Chinese and the family members of overseas Chinese in accordance with the international treaties to which the People's Republic of China is a party or has acceded or with international practice.

第二十条　归侨、侨眷的合法权益受到侵犯的，归侨、侨眷有权要求有关主管部门依法处理，或者依法向人民法院提起诉讼。

Article 20 Returned overseas Chinese and the family members of overseas Chinese shall, where their lawful rights and interests are violated, have the right to request the relevant competent departments to handle the matter in accordance with the law, or, bring a suit in a people's court according to law.

第二十一条　国务院根据本法制定实施办法。

Article 21 The State Council shall, on the basis of this Law, formulate measures for its implementation.

省、自治区、直辖市的人民代表大会常务委员会可以根据本法和国务院的实施办法，制定实施办法。

The standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government may, pursuant to this Law and the State Council's measures for implementation, formulate measures for implementation respectively.

第二十二条　本法自１９９１年１月１日起施行。

Article 22 This Law shall enter into force as of January 1, 1991.