Decision of the State Council on Amending the Regulations of the People's Republic of China Concerning the Exploitation of Offshore Petroleum Resources in Cooperation with Foreign Enterprises

Decision of the State Council on Amending the Regulations of the People's Republic of China Concerning the Exploitation of Offshore Petroleum Resources in Cooperation with Foreign Enterprises
Decision of the State Council on Amending the Regulations of the People's Republic of China Concerning the Exploitation of Offshore Petroleum Resources in Cooperation with Foreign Enterprises

Order of the State Council No.318

September 23, 2001

We hereby release the Decisions of the State Council on Amending the Regulations of the People's Republic of China Concerning the Exploitation of Offshore Petroleum Resources in Cooperation with Foreign Enterprises, which shall take effect as of the date of promulgation.

Premier Zhu Rongji

The State Council has decided to amend the Regulations of the People's Republic of China on Sino-Foreign Cooperative Offshore Petroleum Resources Exploitation as follows:

Article 1 Article 4 shall be amended as Article 5 to read: The department appointed by the State Council shall determine the various forms of cooperation and demarcate the geographical areas of cooperation into maritime zones and fields designated by the State; it shall prepare a plan for the exploitation of offshore petroleum resources in cooperation with foreign enterprises in accordance with the state's long-term economic plans, formulate policies for operating and managing the cooperative exploitation of offshore petroleum resources, and examine and approve the overall development scheme for offshore oil (gas) fields.

Article 2 Article 6 shall be amended as Article 7 and the term the Administrative Commission of Foreign Investment hereof shall be amended as the Ministry of Foreign Trade and Economic Cooperation

Article 3 Article 7 shall be amended as Article 8 and the phrase unless otherwise prescribed by the Ministry of Petroleum Industry or stipulated in the relevant petroleum contract shall be amended as unless otherwise prescribed in any law or regulation or stipulated in the relevant petroleum contract.

Article 4 Article 11 shall be amended as Article 12 to read: When opening bank accounts and dealing with other foreign exchange matters, a foreign contractor shall comply with the Administrative Regulations of the People's Republic of China on Foreign Exchange and other provisions of the State relating to foreign exchange controls.

Article 5 Article 12 shall be amended as Article 13 to read: petroleum contract may stipulate the personnel required for petroleum operations, and Chinese citizens may be given preference in the employment of such personnel.

Article 6 Article 13 shall be amended as Article 14, and the phrase A foreign contractor, in fulfillment of a petroleum contract shall be amended as A foreign contractor, in carrying out development and production activities in fulfillment of a petroleum contract

Article 7 Article 14 shall be amended as Article 15, and the phrase A foreign contractor shall, when fulfilling a petroleum contract hereof shall be amended as foreign contractor shall, when carrying out development and production activities in fulfillment of a petroleum contract.

Article 8 Article 16 shall be amended as Article 17 and the phrase provisions promulgated by the Ministry of Petroleum Industry on the exploitation of petroleum resources hereof shall be amended as provisions of the State on the exploitation of petroleum resources.

Article 9 Article 17 shall be amended as Article 18 and the phrase A foreign contractor shall, when fulfilling the petroleum contract hereof shall be amended as A foreign contractor shall, when carrying out development and production activities in fulfillment of a petroleum contract.

Article 10 Article 18 shall be amended as Article 19 and the phrase The designing companies within the territory of China have the privileged to contract the aforesaid overall designing and project designing in the condition of competitiveness ability shall be deleted.

Article 11 Article 19, 20, 21 and 30 shall be deleted.

Article 12 Article 23 shall be amended as Article 21 and the phrases stipulated by Article 13 of these Regulations and Regulations for the Administration of Archives stipulated by the Ministry of Petroleum Industry hereof shall be amended respectively as produced… in fulfillment of a petroleum contract and the relevant provisions of the State.

Article 13 Article 25 shall be amended as Article 23 and Article 29 shall be amended as Article 26, the term the Ministry of Petroleum Industry stipulated in these two articles shall be amended as department designated by the State Council.

Article 14 Article 26 shall be amended as Article 4 to read as: The State shall not requisition the investments or income of foreign enterprises that take part in the cooperative exploitation of offshore petroleum resources.
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