歸僑僑眷權(quán)益保護法—中英文翻譯

第一條 為了保護歸僑、僑眷的合法的權(quán)利和利益，根據(jù)憲法，制定本法。

from：法律英語考試網(wǎng) http://www.chinalawedu.com/classroom/flyy/

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.

第二條 歸僑是指回國定居的華僑。華僑是指定居在國外的中國公民。

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.

僑眷是指華僑、歸僑在國內(nèi)的眷屬。

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

本法所稱僑眷包括：華僑、歸僑的配偶，父母，子女及其配偶，兄弟姐妹，祖父母、外祖父母，孫子女、外孫子女，以及同華僑、歸僑有長期撫養(yǎng)關(guān)系的其他親屬。

"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.

第三條 歸僑、僑眷享有憲法和法律規(guī)定的公民的權(quán)利，并履行憲法和法律規(guī)定的公民的義務(wù)，任何組織或者個人不得歧視。

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.

國家根據(jù)實際情況和歸僑、僑眷的特點，給予適當照顧，具體辦法由國務(wù)院或者國務(wù)院有關(guān)主管部門規(guī)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.

第四條 國家對回國定居的華僑給予安置。

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.

第五條 全國人民代表大會和歸僑人數(shù)較多地區(qū)的地方人民代表大會應(yīng)當有適當名額的歸僑代表。

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.

第六條 歸僑、僑眷有權(quán)依法組織社會團體，維護歸僑、僑眷的合法權(quán)益，進行適合歸僑、僑眷需要的合法的社會活動。

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.

歸僑、僑眷依法成立的社會團體的財產(chǎn)受法律保護，任何組織或者個人不得侵犯。

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.

第七條 國家對安置歸僑的農(nóng)場、林場等企業(yè)給予扶持，任何組織或者個人不得侵占其合法使用的土地，不得侵犯其合法權(quán)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.

安置歸僑的農(nóng)場、林場等企業(yè)可以根據(jù)需要，合理設(shè)置學(xué)校和醫(yī)療保健機構(gòu)，國家在人員、設(shè)備、經(jīng)費等方面給予扶助。

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.

第八條 歸僑、僑眷投資興辦工商企業(yè)，投資開發(fā)荒山、荒地、灘涂，或者從事農(nóng)業(yè)、林業(yè)、牧業(yè)、副業(yè)、漁業(yè)生產(chǎn)，地方各級人民政府應(yīng)當給予支持，其合法權(quán)益受法律保護。

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.

第九條 歸僑、僑眷在國內(nèi)興辦公益事業(yè)，各級人民政府應(yīng)當給予支持，其合法權(quán)益受法律保護。

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.

歸僑、僑眷接受境外親友自愿捐贈的物資用于公益事業(yè)的，按照國家有關(guān)規(guī)定辦理并享受減征或者免征關(guān)稅的優(yōu)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.

第十條 國家依法保護歸僑、僑眷在國內(nèi)私有房屋的所有權(quán)。

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.

國家建設(shè)依法征用、拆遷歸僑、僑眷私有房屋的，建設(shè)單位應(yīng)當按照國家有關(guān)規(guī)定給予相應(yīng)補償和妥善安置。

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.

第十一條 歸僑學(xué)生、歸僑子女和華僑在國內(nèi)的子女升學(xué)、就業(yè)，按照國家有關(guān)規(guī)定給予照顧。

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.

第十二條 國家保護歸僑、僑眷的僑匯收入。

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.

第十三條 歸僑、僑眷有權(quán)繼承或者接受境外親友的遺產(chǎn)、遺贈或者贈與。

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.

歸僑、僑眷有權(quán)處分其在境外的財產(chǎn)。

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

第十四條 歸僑、僑眷與境外親友的往來和通訊受法律保護。

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.

第十五條 歸僑、僑眷申請出境，有關(guān)主管部門應(yīng)當在規(guī)定的期限內(nèi)審批。

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.

歸僑、僑眷確因境外直系親屬病危、死亡或者限期處理境外財產(chǎn)等特殊情況急需出境的，有關(guān)主管部門應(yīng)當根據(jù)申請人提供的有效證明及時審批。

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.

第十六條 國家保障歸僑、僑眷出境探親的權(quán)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.

國家機關(guān)和國營企業(yè)事業(yè)單位的歸僑、僑眷職工，按照國家有關(guān)規(guī)定享受出境探親的待遇。

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.

第十七條 歸僑、僑著有權(quán)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.

離休、退休、退職的歸僑、僑眷職工出境定居的，其離休金、退休金、退職金照發(fā)。

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.

第十八條 歸僑、僑眷申請自費出國學(xué)習，按照國家有關(guān)規(guī)定給予照顧。

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.

第十九條 國家對歸僑、僑眷在境外的正當權(quán)益，根據(jù)中華人民共和國締結(jié)或者參加的國際條約或者國際慣例，給 予保護。

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.

第二十條 歸僑、僑眷的合法權(quán)益受到侵犯的，歸僑、僑眷有權(quán)要求有關(guān)主管部門依法處理，或者依法向人民法院提起訴訟。

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.

第二十一條 國務(wù)院根據(jù)本法制定實施辦法。

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

省、自治區(qū)、直轄市的人民代表大會常務(wù)委員會可以根據(jù)本法和國務(wù)院的實施辦法，制定實施辦法。

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.

第二十二條 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.