侨汇是我国外华侨从事劳动和各种职业所得,用以赡养国内家属的汇款,是我国外华侨的切身利益和广大侨眷的生活依靠,是侨胞、侨眷的正当权益之一。同时侨汇对国家建设有积极的作用,对全国人民是有利的。特别是侨眷集中地区,侨汇对于繁荣地方经济,发展文化公益事业,均有显著作用。因此,各级干部,特别是县、区、乡干部,应深刻认识侨汇的作用,予以应有的重视。
五年以来,国家对侨汇一贯是坚决保护的,并实行了“便利侨汇、服务侨胞”的政策。为了照顾侨胞、侨眷的利益,国家规定了合理的外汇牌价。在解放初期为使侨眷不受物价波动的影响,国家制定了原币汇款及存款办法。在我国币制稳定、某些国家币制贬值后,国家又制定人民币汇款的办法,以保障侨胞、侨眷的利益。
但是,目前发现有些地区的基层行政机关贯彻保护侨汇政策不够深入,有些侨眷居住区的地方工作干部尚不了解侨汇的意义和国家保护侨汇的政策,有些侨眷居住区尚存在有不同程度的干预侨眷对侨汇使用的现象。为保护侨胞、侨眷的利益,根据宪法第十一条:“国家保护公民的合法收入、储蓄、房屋和各种生活资料的所有权”的规定,现在发布贯彻保护侨汇政策的命令如下:
一、侨汇是侨眷的合法收入,国家保护侨汇政策不仅是国家当前的政策,而且是国家的长远政策。
二、在动员侨眷参加各种合作社,进行爱国储蓄,购买公债时,必须贯彻完全自愿的原则。任何个人或团体不得向侨眷强迫借贷,不得积压侨汇,不得擅自检查侨批和以任何借口变相侵犯侨汇。凡有侵犯侨汇事情发生,必须分别情节论处;对于有意挪用、侵吞、冒领、盗取侨汇和敲诈侨眷的不法分子,必须依法制裁。
三、侨眷有使用侨汇的自由,任何人对侨眷把侨汇用于生活方面,包括用于举办婚、丧、喜、庆等事,不得干涉。
四、国家鼓励华侨和侨眷把侨汇投入生产或者向国家投资公司入股,同时鼓励华侨、侨眷修建房屋,各级地方国家行政机关对此应给予便利。华侨素来热心家乡公益事业,如兴办学校医院、兴修水利、造桥、修路等,各级地方国家行政机关对此应表关怀,并给予指导、帮助,必要时予以表扬。
Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译,中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版)。
当发生歧意时,应以法律法规颁布单位发布的中文原文为准。
This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文)
DECREE OF THE STATE COUNCIL CONCERNING THE IMPLEMENTATION OF THE POLICY OF PROTECTING REMITTANCES BY OVERSEAS CHINESE(Promulgated on February 23, 1955)
Overseas remittances are incomes of overseas Chinese earned from labour and other professional operations, and are used for supporting their relatives residing in China; overseas remittances, one of the legitimate rights and interests of overseas Chinese and their relatives, are closely connected with the personal interests of overseas Chinese, and are the financial sources that the broad masses of the relatives of overseas Chinese rely on for their livelihood. Moreover, overseas remittances play a positive role in the building of the country, and are in the interest of the people of the whole country. Especially in places where relatives of overseas Chinese are concentrated, overseas remittances have played markable role in promoting economic prosperity in their local areas and in developing cultural and public welfare undertakings. Such being the case,cadres at various levels, especially cadres at the county, district, and township levels, should foster a profound understanding of the important role played by overseas remittances, and pay due attention to them accordingly. In the past five years, the State has consistently and resolutely protected overseas remittances and carried out the policy of "facilitating the handling of overseas remittances and serving the compatriots residing abroad". In order to show consideration for the interests of our compatriots residing abroad and for the relatives of overseas Chinese, the State has set reasonable foreign exchange quotations. In the early years after Liberation, in order to protect the relatives of overseas Chinese from the impact of fluctuations of commodity prices, the State formulated procedures for making remittances and deposits in the original foreign currencies. And, after the currency system of our country became stable and the currencies of some countries were d*uated, the State again formulated measures for making remittances in Renminbi (RMB), so as to protect the interests of our compatriots residing abroad and of the relatives of overseas Chinese. However, cases have been discovered that grass-roots administrative departments in some areas have failed to implement thoroughly the State policy for protecting overseas remittances;local cadres in some areas inhabited by relatives of overseas Chinese have failed to gain a good understanding of the significance of overseas remittances and of the State policy for protecting overseas remittances;and in some areas inhabited by relatives of overseas Chinese, cases even exist that the use of overseas remittances by the relatives has been meddled with to varying extents. In order to protect the interests of our compatriots residing abroad and of the relatives of overseas Chinese, in accordance with the provisions in Article 11 of the Constitution of the People's Republic of China: "The State protects citizens' proprietary rights of their lawful incomes, deposits, houses, and various means of livelihood," the Decree to implement the policy of protecting overseas remittances is hereby issued:1. Overseas remittances are the lawful incomes of the relatives of overseas Chinese; the policy for protecting overseas remittances is a State policy not only for the present, but also for a long period to come.
2. When soliciting the relatives of overseas Chinese for joining various types of cooperatives, for patriotic deposits, or for buying government bonds, it is imperative that all be done on a completely voluntary basis. No individual or organization shall be permitted to borrow money from the relatives of overseas Chinese by coercion, and nor shall they be permitted to withhold overseas remittances, or to embezzle, under any pretext,overseas remittances. Any case of embezzlement of overseas remittances shall be dealt with in light of the seriousness of the case; those lawless persons who have misappropriated, embezzled, falsely claimed, or stolen overseas remittances must be punished according to law. 3. Relatives of overseas Chinese shall have the freedom to spend their overseas remittances and no person shall be permitted to meddle with relatives of overseas Chinese in their spending overseas remittances on their private life, including wedding ceremony, funeral ceremony, and other jubilant celebrations. 4. The State encourages overseas Chinese and their relatives to invest their overseas remittances in production, or to buy shares from State investment companies; the State also encourages overseas Chinese and their relatives to build houses, for which the local state administrative organs at various levels shall provide facilities. Overseas Chinese have consistently shown enthusiasm in supporting the public welfare undertakings in their native places, such as building schools and hospitals, water conservancy projects, bridges and roads, etc. The local state administrative organs at various levels should show concern for all these undertakings, and give them guidance and assistance; and when it is necessary, give them commendations.
1955年2月23日
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