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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II FUNCTIONAL ZONING AND PLANNING CHAPTER III EXAMINATION AND APPROVAL OF APPLICATIONS CHAPTER IV PROTECTION AND TREATMENT CHAPTER V NAME ADMINISTRATION CHAPTER VI RULES FOR PUNISHMENT CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to strengthen the administration of islands with no residents, to protect the ecological environment of the islands with no residents, to safeguard the oceanic rights and interests of the state and the national defense security, and to promote rational utilization of the islands with no residents, the present Provisions are enacted in accordance with the relevant laws. Article 2. The present Provisions shall apply to the activities of protection and utilization of islands with no residents within the interior waters, territorial sea, exclusive economic zones, continental shelves, and other sea areas under the jurisdiction of the People's Republic of China. Article 3. Islands with no residents shall belong to the state. The state applies the system of functional zoning and planned protection and utilization to the islands with no residents. The state encourages rational utilization and protection of the islands with no residents, and strictly restrict activities such as island exploding, sand and stone excavation on the islands, and projects of substantial connection of dam and island, that impair the ecological environment and natural sights of the islands with no residents and the sea areas around them. Article 4. The state shall strengthen the name administration of the islands with no residents. The naming, name alteration, and the setting up of name marks shall comply with the Regulations on the Administration of Place Names and the relevant criteria and technical standards of the state. Article 5. The state shall establish the administration information system of the protection and utilization of islands with no residents to make investigation, monitoring, supervision and statistics of the basic situations and the protection and utilization status of the islands with no residents, and to promulgate the basic information. Article 6. Every entity and individual are obliged to abide by the relevant laws and regulations on the protection and utilization of islands with no residents, and not to occupy or buy & sell the islands with no residents, and have the right to disclose and charge against the acts violating the present Provisions. CHAPTER II FUNCTIONAL ZONING AND PLANNING Article 7. The State Bureau of Oceanic Administration (SOA) shall, in conjunction with the relevant departments under the State Council and the General Staff Department (GSD), formulate and promulgate for implementation the functional zoning of the islands with no residents of the whole country. The administrative departments of ocean of the coastal localities at the county level and above shall, in conjunction with the relevant departments at the corresponding levels and the relevant military organs, draw up the local functional zoning of islands with no residents in accordance with the functional zoning of islands with no residents at the next higher level; and the local functional zoning of islands with no residents shall be put on record with the administrative department of ocean at the next higher level, and be promulgated for implementation after the administrative department of ocean at the next higher level grants consent upon examination and approves to put it on record. Article 8. The functional zoning of islands with no residents shall be drawn up pursuant to the following principles: (1) Determining the utilization function of an island according to the natural properties of that island, such as the position, natural resources, and natural environment; (2) Protecting the ecological environment of the island and the seas areas around it; (3) Promoting the economic and social development of the island; and (4) Safeguarding the sovereignty of the state, guaranteeing the national defense security, and protecting the military facilities. Article 9. Adjustment and revision of the functional zoning of islands with no residents shall be carried out in accordance with the procedures set forth in Article 7. Article 10. The administrative departments of ocean of the coastal localities at the level of county and above shall draw up the protection and utilization planning of islands with no residents according to the functional zoning of islands with no residents. CHAPTER III EXAMINATION AND APPROVAL OF APPLICATIONS Article 11. To utilize any island with no residents, an entity or individual shall file the application with the administrative department of ocean at the level of county or above and submit the following application materials: (1) Application for utilization of island with no residents; (2) Certification of corporation status of the applicant entity, or identity certificate and certificate of credit standing of the applicant individual; (3) Scheme on utilization of the island; (4) Scheme on protection of the island to be utilized; and (5) Other relevant materials. Article 12. The administrative departments of ocean at county level and above shall, pursuant to the functional zoning and the protection and utilization planning of the islands with no residents, make the examination of the applications for utilization of islands with no residents, and shall submit the applications for approval level by level to the organs with the approval authority pursuant to the provisions. The administrative departments of ocean shall seek opinions from the relevant departments at the corresponding levels and the relevant military organs when making examination of the applications for utilization of islands with no residents. Article 13. The projects of island exploding or substantial connection of dam and island that seriously change the properties of the islands shall be subject to the approval by SOA with the consent of the GSD; the projects of island utilization involving military facilities and national defense security shall be subject to the approval by SOA in conjunction with GSD; and the projects of island utilization for development and operation of the islands by using foreign investment shall be submitted to the State Council for approval. The excavation of sand and stones and the integrated utilization of islands with no residents other than those mentioned in the preceding paragraph shall be subject to the approval by the administrative departments of ocean at the provincial level. Other projects of island utilization shall be subject to the approval by the administrative departments of ocean at the county level and above. The specific authority for examination and approval shall be provided for by the administrative departments of ocean of the coastal provinces, autonomous regions, and municipalities directly under the Central Government. Utilization of any island with no residents, of or over which the jurisdiction is unclear or disputed shall be subject to the approval by the approval organ at the common next higher level. Article 14. After an application for utilization of islands with no residents has been approved, the approving organ shall issue the Approval for Utilization of Islands with no Residents. With respect to the applications for utilization of islands with no residents approved by the State Council, the Approval for Utilization of Islands with no Residents shall be issued by SOA. Article 15. The Approval for Utilization of Islands with no Residents shall include the contents of location, scope, area, purpose of use, method, and period of the project of utilization of an island with no residents. The specific format shall be provided for by SOA. The period of utilization of an island with no residents may not exceed 50 years at the most. Article 16. An applicant entity or individual shall, by taking the Approval for Utilization of Islands with no Residents, apply for going through other relevant formalities pursuant to the relevant laws and administrative regulations. CHAPTER IV PROTECTION AND TREATMENT Article 17. The state applies strict protection to the islands with no residents where the base points of territorial sea are located. It is prohibited to carry out any destructive activities, such as quarry, sand excavation, felling trees, explosion, and shooting, on the islands with no residents and the sea areas around them; it is prohibited to carry out other construction projects within the area of 1 km. around a base point of territorial sea, with the exception that the construction projects are beneficial to the protection of the base point. Article 18. SOA shall promulgate the catalogue of protected islands with no residents according to the functional zoning of islands with no residents. It is prohibited to carry out any utilization activities going against the purpose of protection on the islands included in the catalogue of protected islands with no residents and the sea areas around them; where it is needed to use any island included in the protection catalogue and the areas around them under special circumstances, the case shall be reported to SOA for approval. Article 19. With respect to the islands with no residents and the sea areas around them that have special protection values, the administrative departments of ocean at the level of county and above shall apply for establishment of oceanic natural protection zones or oceanic special protection zones pursuant to law. Article 20. Where the ecological environment of any important island with no residents and the sea areas around it are damaged, the administrative department of ocean at the level of county or above shall, according to the functional zoning of islands with no residents and the protection and utilization planning, draft the scheme on treatment of the island with no residents, and organize the implementation thereof after reporting to and obtaining approval from the relevant people's government. Article 21. The entities and individuals that utilize islands with no residents are obliged to protect the ecological environment and the military facilities of the islands and the sea areas around them. CHAPTER V NAME ADMINISTRATION Article 22. The departments of civil affairs are the administrative department in charge of name administration of islands with no residents, and they shall seek opinions from the administrative departments of ocean, the relevant military organs, and other relevant departments when carrying out the administration of naming and name alteration of islands with no residents. The administrative departments of ocean, the relevant military organs, and other relevant departments shall cooperate with the administrative departments of place names in the name administration of islands with no residents. Article 23. The people's governments of the coastal localities at the county level and above shall draft the scheme on naming, name alteration, and name written-off of the islands with no residents within their respective administrative areas, and report the schemes level by level to the people's governments with the approval authority for examination and approval. Opinions shall be sought from the relevant military organs when drafting the schemes on naming, name alteration, and name written-off of the islands with no residents. Article 24. With respect to the naming, name alteration, and name written-off of the islands with no residents that have values of oceanic rights and interests on the base points of territorial sea, inside the base line of territorial sea, or outside the base line of territorial sea, those that involve the sea bounds of provinces, and those other that involve national defense or foreign affairs, the relevant provincial people's governments shall give their opinions and submit them all to the State Council for examination and approval. The naming, name alteration, and name written-off of other islands with no residents inside the base line of territorial sea shall be subject to the examination and approval by the provincial people's governments, be respectively submitted to the Ministry of Civil Affairs (MCA) and SOA for record, and with copies sent to the relevant military organs. If MCA and SOA raise no objections within the prescribed time limit, the naming, name alteration, and name written-off may be promulgated and take effect. Article 25. The coastal provincial people's governments shall promulgate to the public in good time the standard names of the approved islands with no residents within their respective administrative areas. MCA shall, in conjunction with SOA, promulgate the catalogue of the standard names of islands with no residents of the whole country. Article 26. Every entity and individual may propose suggestions on naming and name alteration of islands with no residents to the administrative departments of place names and ocean at various levels. Article 27. The administrative departments of place names of the coastal regions shall, in conjunction with the administrative departments of ocean, set up the name marks of islands with no residents, pursuant to the relevant state standards, on the islands with no residents that need island name marks to be set up. Article 28. Where any entity or individual uses the name of an island with no residents in business activities, or in the fields of news, publishing, film and television, commodity, or marks, that entity or individual must use the standard name approved by the state. CHAPTER VI RULES FOR PUNISHMENT Article 29. Where any party, which fails to obtain or obtains through deceitful means the Approval for Utilization of Islands with no Residents, illegally utilizes any island with no residents and the sea areas around it, or fails to perform the protection obligation pursuant to the scheme on island protection, and thus impairs the ecological environment of the island with no residents, the administrative department of ocean at the county level or above shall, according to Articles 76 and 90 of the Law of the People's Republic of China on Protection of Oceanic Environment, order that party to make a correction within a prescribed time limit and take remedial measures, and impose on that party a fine; if there are any illegal gains, such gains shall be confiscated; and the criminal liabilities shall be investigated for according to law if a crime has been constituted. Article 30. Where any party removes without authorization or damages the name mark of any island with no residents, or commits any other act in violation of the name administration of islands with no residents, the administrative department of ocean at the county level or above shall, in conjunction with the department of civil affairs etc., order that party to stop the illegal activities; investigate for the liabilities for damage compensation if any loss has been caused to the state properties; and investigate for the criminal liabilities according to law if a crime has been constituted. Article 31. Where any functionary of the administrative department of ocean neglects the duties, abuses the powers, or seeks private benefits through wrongful means in the administration of islands with no residents, that functionary shall be given administrative sanctions; and the criminal liabilities shall be investigated for according to law if a crime has been constituted. Article 32. With respect to any act damaging military facilities, the offender shall be punished in accordance with the relevant provisions of the Law of the People's Republic of China on Protection of Military Facilities and the Implementation Measures for the Law of the People's Republic of China on Protection of Military Facilities. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 33. No island with no residents may be the address of registered residence of a citizen or the registered address of an enterprise. Where it is really needed to change an island with no residents into an island with residents, the case shall, in addition to being submitted for approval pursuant to the provisions, be reported level by level to SOA, MCA, and GSD for record. Article 34. The meaning of the following terms used in the present Provisions are: (1) "Islands with no residents" refer to the islands, rocks, and low-tide elevations, which are not taken as registered permanent residence, within the sea area under the jurisdiction of China. (2) "Island exploding" refers to the act of lowering the height of an island or rock and thus causing the island to merge into to the water in the time of high tide or causing the low-tide evaluation to merge into the water in the time of low tide. Article 35. The power to interpret the present Provisions shall remain with SOA in conjunction with MCA and GSD. Article 36. The present Provisions shall be implemented as of July 1, 2003. |
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