Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Family Members (Amended in 2009)

Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Family Members (Amended in 2009)
Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Family Members (Amended in 2009)

Order of the President of the People's Republic of China No.18

August 27, 2009

(Adopted at the 15th Session of the Standing Committee of the 7th National People's Congress on September 7, 1990; promulgated by the Order of the President of the People's Republic of China No.33 on September 7, 1990; and amended for the first time according to the Decision on Revision of the 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 adopted at the 18th Session of the Standing Committee of the 9th National People's Congress on October 31, 2000; and revised for the second time based on the Decision on Amending Certain Laws adopted at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009)

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.

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

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. 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.

Article 4 The people's governments at or above the county level and the departments under them in charge of the affairs of overseas Chinese shall enlist and coordinate the efforts of relevant departments to protect the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese.

Article 5 The State shall make arrangements for overseas Chinese who have returned to the country and taken it as their place of permanent residence.

Article 6 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.

Article 7 Returned overseas Chinese and the family members of overseas Chinese shall have the right to apply for the establishment of public organizations in accordance with law and to conduct legitimate social activities suitable to their needs.
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