Regional Ethnic Autonomy
Regional Ethnic Autonomy Law of the People’s Republic of China
Issued by the Second Session of the Sixth National People’s Congress on May 31, 1984 (effective October 1, 1984) and amended in accordance with the “Decision on Revising the People’s Republic of China Regional Ethnic Autonomy Law” made at the 12th Meeting of the Standing Committee of the Ninth National People’s Congress on February 28, 2001.
PEOPLE’S REPUBLIC OF CHINA REGIONAL ETHNIC AUTONOMY LAW
PREAMBLE
The People’s Republic of China is a unitary multinational state created jointly by the people of all its ethnic nationalities. Regional ethnic autonomy is the basic policy adopted by the Communist Party of China for resolving the ethnic issue in China through its application of Marxism-Leninism. It is an important political system of the state.Regional ethnic autonomy means that the ethnic minorities, under unified state leadership, practice regional autonomy in areas where they live in concentrated communities and set up autonomous agencies for the exercise of the power of autonomy. Regional ethnic autonomy reflects the state's full respect for and guarantee of ethnic minorities’ right to administer their internal affairs and its adherence to the principle of equality, unity and common prosperity for all nationalities.
Regional ethnic autonomy has played an enormous role in giving full play to ethnic minorities’ enthusiasm for being masters over their own affairs, in developing among them a socialist relationship of equality, unity and mutual assistance, in consolidating the unification of the country and in promoting socialist construction in the ethnic autonomous areas and the rest of the country. Continuing to strengthen and improve the regional ethnic autonomy system will enable it to play a still greater role in the country's socialist modernization in the years ahead.
Practice has proven that adherence to regional ethnic autonomy requires that the ethnic autonomous areas be given effective guarantees for implementing state laws and policies in the light of existing local conditions; that large numbers of minorities be trained to become cadres at all levels and specialized personnel and skilled workers of all professions and trades; that the ethnic autonomous areas strive to promote local socialist construction in the spirit of self-reliance and hard work and contribute to the nation's construction as a whole; and that the state strive to help the ethnic autonomous areas speed up their economic and cultural development in accordance with the plans for national economic and social development. In the struggle to maintain the unity of the nationalities, both big-ethnic chauvinism, primarily Han chauvinism, and local ethnic chauvinism must be opposed.
Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory, the people of various nationalities in the ethnic autonomous areas shall, together with the people of the whole country, adhere to the people's democratic dictatorship, support reform and opening, follow the construction of a socialist road with Chinese characteristics, concentrate their efforts on the development of socialist modernization, develop socialist market economics, strengthen socialist democracy and legal development, strengthen the development of a socialist spirit and culture, speed up the economic and cultural development of the ethnic autonomous areas, build unified and prosperous ethnic autonomous areas, and diligently strive for the common prosperity of all nationalities by transforming the motherland into a socialist country that is prosperous, democratic, and culturally advanced.
The People’s Republic of China Regional Ethnic Autonomy Law is the basic law for the implementation of the system of regional ethnic autonomy prescribed in the Constitution.
CHAPTER I GENERAL PRINCIPLES
Article 1The People's Republic of China Regional Ethnic Autonomy Law is formulated in accordance with the Constitution of the People's Republic of China.
Article 2Regional autonomy is practiced in areas where ethnic minorities live in concentrated communities.
Ethnic autonomous areas are classified into autonomous regions, autonomous prefectures and autonomous counties.
All ethnic autonomous areas are integral parts of the People's Republic of China.
Article 3
Ethnic autonomous areas establish autonomous agencies that function as local agencies of state power at their respective levels.
Autonomous agencies in ethnic autonomous areas shall apply the principle of democratic centralism.
Article 4
Autonomous agencies in ethnic autonomous areas shall exercise the functions and powers of local state agencies as specified in Section 5 of Chapter III of the Constitution. At the same time, they exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, by this Law and other laws, and implement the laws and policies of the state in the light of existing local conditions.
Autonomous agencies in autonomous prefectures exercise the functions and powers of local state agencies over cities divided into districts and cities with counties under their jurisdiction and, at the same time, exercise the power of autonomy.
Article 5Autonomous agencies in ethnic autonomous areas must uphold the unity of the country and guarantee that the Constitution and other laws are observed and implemented in these areas.
Article 6
Autonomous agencies in ethnic autonomous areas lead the people of the various nationalities in a concentrated effort to promote socialist modernization.
Under the principle of not contravening the Constitution and the laws, autonomous agencies in ethnic autonomous areas have the power to adopt special policies and flexible measures in the light of local conditions to speed up the economic and cultural development of these areas.
Under the guidance of state plans and on the basis of actual conditions, autonomous agencies in ethnic autonomous areas steadily increase labor productivity and economic results, develop social productive forces and gradually raise the material living standards of the people of the various nationalities.
Autonomous agencies in Autonomous agencies in ethnic autonomous areas inherit and carry forward the fine traditions of ethnic cultures, build a socialist spirit and culture with ethnic characteristics, and steadily raise the socialist consciousness and scientific and cultural levels of the people of the various nationalities.
Article 7
Institutions of self-government in ethnic autonomous areas shall place the interests of the state as a whole above all else and actively fulfill all tasks assigned by state institutions at higher levels.
Article 8
State organs at higher levels guarantee autonomous agencies in ethnic autonomous areas the power of autonomy and shall, in accordance with the characteristics and needs of these areas, strive to help them speed up their socialist construction.
Article 9
State organs at higher levels and autonomous agencies in ethnic autonomous areas uphold and develop the socialist relationship of equality, unity and mutual assistance among all of China’s nationalities. Discrimination against and oppression of any nationality is prohibited; any act which undermines the unity of the nationalities or instigates national division is also prohibited.
Article 10
Autonomous agencies in ethnic autonomous areas guarantee the freedom of the nationalities in these areas to use and develop their own spoken and written languages and their freedom to preserve or reform their own folkways and customs.
Article 11
Autonomous agencies in ethnic autonomous areas guarantee the freedom of religious belief to citizens of the various nationalities.
No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may they discriminate against citizens who believe in, or do not believe in, any religion.
The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state.
Religious bodies and religious affairs shall not be subject to any foreign domination.
CHAPTER II ESTABLISHMENT OF ETHNIC AUTONOMOUS AREAS AND THE STRUCTURE OF THE ORGANS OF SELF-GOVERNMENT
Article 12
Autonomous areas may be established where one or more minority nationalities live in concentrated communities, in the light of local conditions such as the relationship among the various nationalities and the level of economic development, and with due consideration for historical background.
Within an ethnic autonomous area, appropriate autonomous areas or ethnic townships may be established where other ethnic minorities live in concentrated communities.
Some residential areas and towns of the Han nationality or other nationalities may be included in an ethnic autonomous area in consideration of actual local conditions.
Article 13
Except in special cases, the name of an ethnic autonomous area shall be composed of the name of the locality and the name of the ethnic minority and the administrative status, in that order.
Article 14
The establishment of an ethnic autonomous area, the delineation of its boundaries and the elements of its name are proposed by the state organ at the next higher level jointly with the state organ in the relevant locality, after full consultation with representatives of the relevant nationalities, before they are submitted for approval according to the procedures prescribed by law.
Once established, an autonomous area may not be revoked or merged without proper legal procedures. Once defined, the boundaries of an ethnic autonomous area may not be altered without proper legal procedures. If it is truly necessary to revoke autonomy, or merge or change areas, the ethnic autonomous organs and the concerned department of the next higher level state organs must thoroughly consult and formulate an agreement to submit for approval according to the procedures prescribed by law.
Article 15
Autonomous agencies in ethnic autonomous areas are the people’s congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties.
The people's governments of ethnic autonomous areas are responsible to and report on their work to the people's congresses at corresponding levels and to the administrative organs of the state at the next higher level. When the people’s congresses at corresponding levels are not in session, they are responsible to and report on their work to the standing committees of these people's congresses. The people's governments of all ethnic autonomous areas are administrative organs of the state under the unified leadership of the State Council and are subordinate to it.
The organization and work of autonomous agencies in ethnic autonomous areas shall be specified in these areas’ self-governing regulations or separate regulations, in accordance with the Constitution and other laws.
Article 16
In the people’s congress of an ethnic autonomous area, in addition to the deputies from the nationality exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation.
The number and proportion of deputies to the people's congress of an ethnic autonomous area from the nationality exercising regional autonomy and from other ethnic minorities are decided upon by the standing committee of the people's congress of a province, an autonomous region, or directly-administered municipality in accordance with the principles prescribed by law and are reported to the Standing Committee of the National People’s Congress for the record.Among the chairman and vice-chairmen of the standing committee of the people’s congress of an ethnic autonomous area shall be one or more citizens of the nationality exercising regional autonomy in the area.
Article 17
The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned. Other posts in the people’s government of an autonomous region, an autonomous prefecture or an autonomous county should be equitably allocated among people of the nationality exercising regional autonomy and other minority nationalities in the area concerned.
The people’s governments of ethnic autonomous areas apply the system of giving overall responsibility to the chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county, who direct the work of the people's government at their respective levels.
Article 18
The cadres in the departments under autonomous agencies in an ethnic autonomous area should be equitably drawn from among citizens of the nationality exercising regional autonomy and the other ethnic minorities in the area.
CHAPTER III THE POWER OF AUTONOMY OF THE ORGANS OF SELF-GOVERNMENT
Article 19
The people’s congresses of ethnic autonomous areas shall have the power to enact self-governing regulations and separate regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. The self-governing regulations and separate regulations of autonomous regions shall be submitted to the Standing Committee of the National People’s Congress for approval before they go into effect. The regulations on the exercise of autonomy and separate regulations of autonomous prefectures and autonomous counties are submitted to the Standing Committees of the People's Congresses of provinces, autonomous regions, or directly-administered municipalities for approval before they go into effect, and they are reported to the Standing Committee of the National People’s Congress and the State Council for the record.
Article 20
If a resolution, decision, order, or instruction of a state agency at a higher level does not suit the actual conditions in an ethnic autonomous area, an autonomous agency of the area may report for the approval of that higher level state agency to either implement it with certain alterations or cease implementing it altogether. That higher level state agency must give its decision within sixty days of receiving the report.
Article 21
While performing its functions, the autonomous agencies of an ethnic autonomous area, in accordance with the regulations on the exercise of autonomy of the area, use the language or languages commonly used in the locality; where several commonly used languages are used for the performance of such functions, the language of the nationality exercising regional autonomy may be used as the main language.
Article 22
In accordance with the needs of socialist construction, autonomous agencies in ethnic autonomous areas shall take various measures to train large numbers of cadres at different levels and all kinds of specialized personnel, including scientists, technicians and managerial executives, as well as skilled workers from among the local nationalities, giving full play to their roles, and pay attention to the training of cadres at all levels and specialized and technical personnel of all kinds from among the women of minority nationalities.
When employing cadres, autonomous agencies in ethnic autonomous areas should give proper consideration to hiring members of the nationality exercising autonomy and other minorities from the area.
Autonomous agencies in ethnic autonomous areas may adopt special measures to provide preferential treatment and encouragement to specialized personnel joining in the various kinds of construction in these areas.
Article 23
When recruiting personnel in accordance with state regulations, enterprises and institutions in ethnic autonomous areas give priority to minority nationalities and may enlist them from the population of minority nationalities in rural and pastoral areas.
Article 24
Autonomous agencies in ethnic autonomous areas may, in accordance with the military system of the state and practical local need and with the approval of the State Council, organize local public security forces for the maintenance of public order.
Article 25
Under the guidance of state plans, autonomous agencies in ethnic autonomous areas work out the guidelines, policies and plans for economic development based on local characteristics and needs and independently arrange for and administer local economic development.
Article 26
Given the prerequisite of adherence to the principles of socialism, autonomous agencies in ethnic autonomous areas shall, in accordance with legal stipulations and local economic development conditions, rationally readjust the relations of production and reform the structure of economic administration to work hard for the development of a socialist market economy.
The organs of self-government in ethnic autonomous areas, supporting public ownership as the base of an economic system with multiple forms of ownership developing together, may encourage the development of the non-public sector.
Article 27
In accordance with legal stipulations, autonomous agencies in ethnic autonomous areas shall define the ownership of, and the right to use, the pastures and forests within these areas.
Autonomous agencies in ethnic autonomous areas shall protect and develop grasslands and forests and organize and encourage the planting of trees and grass. Destruction of grasslands and forests by any organization or individual by whatever means shall be prohibited. Destruction of grasslands or forests in order to reclaim land for agricultural purposes is strictly forbidden.
Article 28
In accordance with legal stipulations, autonomous agencies in ethnic autonomous areas manage and protect the natural resources of these areas.
In accordance with legal stipulations and unified state plans, autonomous agencies in ethnic autonomous areas may give priority to the rational exploitation and utilization of the natural resources that the local authorities are entitled to develop.
Article 29
Under the guidance of state plans, autonomous agencies in ethnic autonomous areas independently arrange local construction projects according to their financial and material resources and other specific local conditions.
Article 30
Autonomous agencies in ethnic autonomous areas shall independently administer the enterprises and institutions under local jurisdiction.
Article 31
In accordance with state provisions, autonomous agencies in ethnic autonomous areas may pursue foreign economic and trade activities and may, with the approval of the State Council, open foreign trade ports.
Ethnic autonomous areas adjoining foreign countries may develop border trade with the approval of the State Council.
While conducting foreign economic and trade activities, autonomous agencies in the ethnic autonomous areas enjoy preferential treatment by the state.
Article 32
The finance of an ethnic autonomous area constitutes a particular level of finance and is a component of state finance.
Autonomous agencies in ethnic autonomous areas have the power to autonomously administer the finances of their areas. All revenues accruing to the ethnic autonomous areas under the financial system of the state shall be managed and used by autonomous agencies in these areas on their own.
Regional autonomous governments enjoy preferential treatment from the next higher level of government when transfer payments are being calculated as part of the unified state financial system.
Ethnic autonomous areas, in accordance with state stipulations, lay aside a reserve fund for expenditure in their budgets. The proportion of the reserve fund in their budgets shall be higher than that in the budgets of other areas.
While implementing fiscal budgets, autonomous agencies in an ethnic autonomous area shall arrange for the use of extra income and savings from expenditures at their own discretion.
Article 33
In accordance with the principles set by the state and in the light of local conditions, autonomous agencies in ethnic autonomous areas may work out supplementary provisions and concrete procedures with regard to the standards of expenditure, the sizes of the staff and the quotas of work for their respective areas. The supplementary provisions and concrete procedures worked out by autonomous regions are reported to the State Council for the record; those worked out by autonomous prefectures and autonomous counties are reported to the people's governments of the relevant provinces, autonomous regions, or directly-administered municipalities for approval.
Article 34
While implementing the tax laws of the state, apart from those tax reduction items that should be centrally examined and approved by the state, autonomous agencies in ethnic autonomous areas may grant tax exemptions or reductions for certain items that belong to local financial revenue and that should be encouraged or given preferential tax terms. The decisions of autonomous prefectures and autonomous counties on tax reduction and exemption are reported to the people's governments of the relevant provinces, autonomous regions, or directly-administered municipalities for approval.
Article 35
Based on local needs for economic and socialist development and in accordance with legal guidelines, local autonomous areas may open local commercial banks and credit cooperatives.
Article 36
In accordance with state guidelines on education and in accordance with the law, autonomous agencies in ethnic autonomous areas decide on educational plans in these areas, on the establishment of various kinds of schools at different levels, and on their educational system, forms, curricula, the language used in instruction and enrollment procedures.
Article 37
Autonomous agencies in ethnic autonomous areas independently develop education for the nationalities, eliminate illiteracy, set up various kinds of schools, spread nine-years of compulsory education, develop various kinds of secondary schools and vocational training, develop higher levels of education depending on local conditions and needs, and train specialized personnel from among the minority nationalities.
Autonomous agencies in ethnic autonomous areas may set up public primary schools and secondary schools, mainly boarding schools and schools providing subsidies, in pastoral areas and economically underdeveloped, sparsely populated mountain areas inhabited by ethnic minorities to assure students complete their compulsory education. Local governments should finance the schools and scholarships. For economic hardship areas, the next higher level of government should subsidize the costs.
Schools (classes) and other educational organizations recruiting mostly ethnic minority students should, whenever possible, use textbooks in their own languages and use these languages as the media of instruction. Beginning in the lower or senior grades of primary school, Han language and literature courses should be taught to popularize the common language used throughout the country and the use of Han Chinese characters.
Every local government should provide financial support for the production of teaching materials in the minority scripts and for publication and translation work.
Article 38
Autonomous agencies in ethnic autonomous areas independently develop literature, art, the press, publishing, radio broadcasting, the film industry, television and other cultural undertakings in forms and with characteristics unique to the nationalities. They shall increase investments in cultural enterprises, increase the construction of cultural facilities, and speed up the development of all types of cultural enterprises.
Autonomous agencies in ethnic autonomous areas support relevant departments and bureaus as they collect, organize, translate and publish historical and cultural books of the nationalities, protect the scenic spots and historical sites in their areas, their treasured cultural relics and their other important historical and cultural legacies, and preserve and develop outstanding ethnic traditional culture.
Article 39
Autonomous agencies in ethnic autonomous areas shall make independent decisions on local plans for developing science and technology and spreading knowledge of science and technology.
Article 40
Autonomous agencies in ethnic autonomous areas shall make independent decisions on plans for developing local medical and health services and for advancing both modern medicine and the traditional medicine of the nationalities.
Autonomous agencies in ethnic autonomous areas shall see to a more effective prevention of endemic and local diseases, provide better protection for the health of women and children, and improve medical and sanitary conditions.
Article 41
Autonomous agencies in ethnic autonomous areas independently develop sports, promote the traditional sports of the nationalities and improve the physical fitness of the people of the various nationalities.
Article 42
Autonomous agencies in the ethnic autonomous areas strive to develop exchanges and cooperation with other areas in education, science and technology, culture and art, public health, sports, etc.
In accordance with relevant state provisions, autonomous agencies in autonomous regions and autonomous prefectures may conduct exchanges with foreign countries in education, science and technology, culture and art, public health, sports, etc.
Article 43
In accordance with the law, autonomous agencies in ethnic autonomous areas work out measures for control of the transient population.
Article 44
Regional autonomous areas will carry out family planning and good maternity practices in order to raise the quality of each minority population.
In accordance with the law, autonomous agencies in ethnic autonomous areas, in the light of local conditions, work out measures for family planning.
Article 45
Autonomous agencies in ethnic autonomous areas shall protect and improve the living environment and the ecological environment, preventing pollution and other public hazards through the balanced development of the population, natural resources, and environment.
CHAPTER IV THE PEOPLE'S COURTS AND PEOPLE'S PROCURATORATES OF NATIONAL AUTONOMOUS AREAS
Article 46
The people’s courts and people’s procuratorates of ethnic autonomous areas shall be responsible to the people's congresses at corresponding levels and their standing committees. The people’s procuratorates of ethnic autonomous areas shall also be responsible to the people’s procuratorates at higher levels.
The administration of justice by the people’s courts of ethnic autonomous areas shall be supervised by the Supreme People's Court and by people's courts at higher levels. The work of the people's procuratorates of ethnic autonomous areas shall be directed by the Supreme People’s Procuratorate and by people's procuratorates at higher levels.
Members of the leadership and of the staff of the people’s court and of the people's procuratorate of an ethnic autonomous area shall include people from the nationality exercising regional autonomy in that area.
Article 47
In the hearing and investigation of cases, the people’s courts and people's procuratorates of ethnic autonomous areas shall use the language commonly used in the locality. In addition, they should be reasonably equipped with personnel proficient in the spoken and written languages of the ethnic minorities. For those involved in a case who are not familiar with the local language and script, a translator should be provided. Legal documents should be written, according to actual needs, in the language or languages commonly used in the locality. Citizens of various nationalities are guaranteed the right to use their own spoken and written languages in court proceedings.
CHAPTER V RELATIONS AMONG NATIONALITIES WITHIN AN ETHNIC AUTONOMOUS AREA
Article 48
Autonomous agencies of an ethnic autonomous area guarantee equal rights for the various nationalities in the area.
Autonomous agencies of an ethnic autonomous area unite the cadres and masses of the various nationalities and give full play to their initiative in a joint effort to develop the area.
Article 49
Autonomous agencies of an ethnic autonomous area persuade and encourage cadres of the various nationalities to learn each other’s spoken and written languages. Cadres of Han nationality will learn the spoken and written languages of the local minority nationalities. While learning and using the spoken and written languages of their own nationalities, cadres of minority nationalities should also learn the spoken and written Chinese language commonly used throughout the country.
Awards should be given to state functionaries in ethnic autonomous areas who can use skillfully two or more spoken or written languages that are commonly used in the locality.
Article 50
Autonomous agencies of an ethnic autonomous area shall help other minority nationalities living in concentrated communities in the area establish appropriate autonomous areas or ethnic townships.
Automomous agencies of an ethnic autonomous area help the various nationalities in the area develop their economic, educational, scientific and technological, cultural, public health and sports facilities.
Autonomous agencies of an ethnic autonomous area care for the characteristics and needs of nationalities living in settlements scattered over the area.
Article 51
In dealing with special issues concerning the various nationalities within its area, autonomous agencies of an ethnic autonomous area must conduct full consultation with their representatives and respect their opinions.
Article 52
Autonomous agencies of an ethnic autonomous area shall guarantee that all ethnic minority citizens in the area enjoy the rights of citizens prescribed in the Constitution and shall educate them in the need to perform their duties as citizens.
Article 53
Autonomous agencies of an ethnic autonomous area shall promote the civic virtues of love of the motherland, of the people, of labor, of science and of socialism and conduct education among the citizens of the various nationalities in the area in patriotism, communism and state policies concerning the nationalities. The cadres and masses of the various nationalities must be educated to trust, learn from and help one another and to respect the spoken and written languages, folkways and customs and religious beliefs of one another in a joint effort to safeguard the unity of the country and the unity of all the nationalities.
CHAPTER VI THE RESPONSIBILITIES OF STATE ORGANS AT HIGHER LEVELS
Article 54
The resolutions, decisions, orders and instructions concerning ethnic autonomous areas adopted by state agencies at higher levels should suit the actual conditions in these areas.
Article 55
The state agencies at higher levels should assist and guide research, formulation, and implementation of the autonomous areas’ economic development strategies and assist the regional autonomous areas in banking, financial, material, technical, personnel, and other areas to speed the development of their economic, educational, scientific and technical, public health and sports enterprises.
The state shall develop preferential policies to attract and encourage domestic and international investment in ethnic autonomous areas.
When establishing the plan for national economy and socialist development, state agencies at higher levels should give consideration to the needs and characteristics of the ethnic autonomous areas.
Article 56
In accordance with unified planning and market demands the state gives priority to exploiting natural resources and developing basic infrastructure in regional autonomous areas. When investing in major infrastructure projects, the state will properly increase its share of investment and the share of loans from policy-driven banks.
For state infrastructure projects in regional autonomous areas ordinarily requiring matching funds, the state may reduce or completely remove the local matching fund requirements depending on the circumstances.
The state shall actively encourage the proper movement of personnel with advanced scientific and technical training into regional autonomous areas to help these areas speed the use of science and technology and to enjoy the benefits deriving from them. When the state transfers infrastructure projects to autonomous areas, it will also provide the necessary supporting advanced equipment and technology.
Article 57
In accordance with the economic conditions and needs of the autonomous areas, the state comprehensively uses currency and capital markets to give extra financial assistance to the autonomous areas. Financial organizations should give extra support to autonomous areas for fixed-assets investment projects, enterprises in accord with government ownership policies, the exploitation of natural resources, and a variety of other reasonable projects requiring investment funds.
The state encourages commercial banks to increase investment loans to the autonomous areas in order to actively support the reasonable investment needs of local enterprises.
Article 58
The higher level of government encourages regional autonomous enterprises’ technological breakthroughs and the upgradings of their industrial structure through financial, banking, personnel, and other means.
The higher level state agencies should organize and encourage enterprise managers and technical staff to study in more economically developed areas. At the same time, enterprise managers and technical personnel from the more economically advanced areas should be guided and encouraged to work in enterprises in the regional autonomous areas.
Article 59
The state sets aside special funds to help ethnic autonomous areas develop their economy and culture.
The special funds set aside by the state and its provisional grants to the nationalities may not be deducted, withheld or misappropriated by any state agency, nor may they be used to substitute for the normal budgetary revenues of ethnic autonomous areas.
Article 60
In accordance with the state’s trade policy for minority nationalities and the needs of the regional autonomous area, state organs at higher levels give investment, financial, and tax support to help commercial, supply and marketing, and medical and pharmaceutical enterprises in ethnic autonomous areas.
Article 61
The state shall develop preferential policies to increase border trade, develop regional autonomous areas’ international trade, encourage the development of locally superior products and exports, and increase the autonomous areas’ independent management of international dealings in the manufacturing sector.
Article 62
As the national economy develops and national revenues increase, the higher level financial organs shall gradually increase financial transfer payments to autonomous areas. State organs at higher levels use regular transfer payments, earmarked funds, preferential transfer payment policies for minorities, or other methods determined by the state to increase investment funds to autonomous areas. In this way, the state will speed up economic development and social progress, gradually decreasing disparities between minority areas and more developed regions.
Article 63
The higher levels of state government, through investments, financing, and tax policies, etc., shall assist the regional autonomous areas improve their agriculture, animal husbandry, forestry, and other production capabilities as well as their basic infrastructure in such areas as water, transportation, natural resources, and communications in order to assist the regional autonomous areas rationally exploit local natural resources for local industries, township and village enterprises, small and medium enterprises and the production of traditional handicrafts and special minority products.
Article 64
State organs at higher levels should organize, support, and encourage economically advanced areas and autonomous areas develop multilayered and multifaceted economic and scientific exchanges to assist and promote the autonomous areas’ economic, educational, scientific and technological, cultural, public health, and sports enterprises.
Article 65
While exploiting resources and undertaking construction in ethnic autonomous areas, the state shall give consideration to the interests of these areas, make arrangements favorable to economic construction there and pay proper attention to the productive pursuits and the life of the minority nationalities there. When exporting natural resources out of the autonomous areas, the state should give them a certain amount of compensation.
The state should guide and encourage businesses from economically advanced areas on a mutually beneficial basis to invest in the autonomous areas and develop various economic cooperative arrangements.
Article 66
The state should place large-scale ecological balance and conservation projects in the minority areas into the national development plan for the economy and society.
Regional autonomous areas that make a contribution to the country’s ecological balance and environmental conservation should receive a certain degree of compensation from the state.
Any organization or individual exploiting natural resources or carrying out construction projects in autonomous areas must implement effective measures for preserving and improving the living environment and ecological environment and must prevent pollution and other hazardous waste.
Article 67
Enterprises and institutions affiliated with state agencies at higher levels but located in ethnic autonomous areas give priority to local ethnic minorities when recruiting personnel according to national regulations.
Enterprises and institutions affiliated to state organs at higher levels but located in ethnic autonomous areas respect the power of autonomy of autonomous agencies, respect the local guidelines for autonomy and local rules and regulations, and accept the supervision of the local autonomous agencies.
Article 68
Without the consent of the autonomous agencies of an ethnic autonomous area, no state agency at a higher level may change the affiliation of an enterprise under the administration of the local government.
Article 69
The state and the higher level of the people’s government should through financing, banking, materials, technology, personnel, and other methods aid the poor counties in autonomous areas in quickly escaping poverty and developing a comfortable standard of living.
Article 70
State agencies at higher levels shall help ethnic autonomous areas train, from among local nationalities, large numbers of cadres at various levels and specialized personnel and skilled workers of different professions and trades; in accordance with local needs and in various forms, they shall send appropriate numbers of teachers, doctors, scientists and technicians as well as managerial executives to work in ethnic autonomous areas and provide them with proper benefits.
Article 71
The state shall increase investments in education in autonomous areas and implement special measures to help them speed up the development of education, provide nine-years of compulsory education, and raise the scientific and cultural levels of the people of local nationalities.
The state shall set up nationality institutes and, in other institutions of higher education, nationality-oriented classes and preparatory classes that enroll only or mostly students from ethnic minorities. Students can be recruited from specific areas and assigned jobs in specific areas after graduation. Institutions of higher education and secondary technical schools shall appropriately set lower standards and requirements for the admission of students from ethnic minorities, with special considerations especially for students from ethnic minorities with small populations. Every local government and school should use multiple methods to assist students from economically disadvantaged homes complete their education.
The state shall establish in economically advanced areas ethnic middle schools or special ethnic classes in regular middle schools that specifically recruit minority students for middle school education.
The state shall assist ethnic autonomous areas develop and train teachers from each of the nationalities. The state shall organize and encourage ethnic minority teachers and graduates with teaching qualifications to teach in ethnic autonomous areas, and will moreover provide them with appropriate special compensation.
Article 72
State organs at higher levels shall intensify education among cadres and masses of the various nationalities in the government’s policies concerning nationalities and frequently review the observance and implementation of these policies and relevant laws.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 73
In order to implement this law, the State Council and other concerned government organs should issue administrative rules and regulations and concrete implementation guidelines within the limits of their jurisdiction.
The People’s Congresses and their Standing Committees in autonomous areas and in provinces and municipalities with autonomous prefectures and autonomous counties should determine concrete implementation guidelines.
Article 74
This law was passed by the National People’s Congress and became effective October 1, 1984.
Source: United States. Congressional-Executive Commission on China. Regional Ethnic Autonomy Law of the People's Republic of China (Chinese and English Text). 2006. Web. <http://www.cecc.gov/resources/legal-provisions/regional-ethnic-autonomy-law-of-the-peoples-republic-of-china-amended>.