The promulgation of the Regulations will help protect the rights and interests of overseas Chinese in Guangdong.
Xin Li told the author that the promulgation and implementation of the Regulations on the Protection of the Rights and Interests of Overseas Chinese in Guangdong Province will definitely improve the level of protecting overseas Chinese in our province according to law, help to further unite overseas Chinese's hearts, gather overseas Chinese's wisdom, give full play to overseas Chinese's strength, and promote the economic and social construction and development of our province.
Li Xin emphasized that the Guangdong Provincial Party Committee and the provincial government attached great importance to the protection of the rights and interests of overseas Chinese and successively formulated a series of policies and regulations to protect the rights and interests of overseas Chinese. In recent years, the overseas Chinese affairs department of the province has persisted in administering and protecting overseas Chinese according to law, which has well safeguarded the interests of overseas Chinese and achieved remarkable results.
First of all, there has been a new breakthrough in the construction of policies and regulations on overseas Chinese affairs. In recent years, the Provincial Overseas Chinese Affairs Office, together with relevant provincial units, has formulated and promulgated a number of laws and regulations on overseas Chinese returning to settle in China, rural residential sites for overseas Chinese, overseas Chinese children returning to study in China, and improved the system of policies and regulations for protecting the legitimate rights and interests of overseas Chinese and their relatives. Since 20 1 1, the Provincial Overseas Chinese Affairs Office has taken the lead in vigorously promoting the legislative work of the Regulations on the Protection of Overseas Chinese Rights and Interests in Guangdong Province. After more than four years of unremitting efforts, with the attention and support of the provincial party Committee, the provincial government, the provincial people's congress and the provincial CPPCC, the regulation was passed at the 19th meeting of the Standing Committee of the 12th Provincial People's Congress on July 3rd1and was designated as 65438.
Second, there are new measures to publicize overseas Chinese policies and regulations. Strengthen the construction of propaganda positions. There are 20 communities in the province awarded "National Community Overseas Chinese Demonstration Unit" by the State Council Overseas Chinese Affairs Office, and 8 communities awarded "National Community Overseas Chinese Star Unit" by the State Council Overseas Chinese Affairs Office. There are also 66 "overseas Chinese law publicity corners" in grassroots communities in the province. At the same time, policies, regulations and interpretation information on overseas Chinese are published through the special issue of Guangdong Overseas Chinese Network, Weibo and overseas Chinese media "Hometown of Overseas Chinese" and domestic and provincial media platforms, so that overseas Chinese can know in time.
Third, there is a new platform to protect the rights and interests of overseas Chinese. Guangdong Overseas Chinese Affairs Office established Guangdong Overseas Chinese Complaints Consultation Service Center, and organized the establishment of "Legal Advisory Group for Overseas Chinese Enterprises" and "Guangdong Overseas Chinese Enterprises Lawyers Service Group" composed of more than 20 outstanding lawyers from our province/KLOC-0 to provide professional legal advice and services for overseas Chinese enterprises. The "Guangdong Overseas Chinese Merchants Investment Enterprise Association" was established to promote the establishment of overseas Chinese businessmen's chambers of commerce in six cities, including Guangzhou and Shenzhen, to listen to the opinions and suggestions of overseas Chinese businessmen in a timely manner and guide overseas Chinese businessmen to safeguard their legitimate rights and interests according to law.
Fourth, the mediation of overseas Chinese rights and interests has achieved new results. Attach importance to letters and visits from overseas Chinese, actively coordinate and promote relevant departments and localities to seriously deal with the violation of rights and interests reflected by overseas Chinese. In the past five years, Guangdong Overseas Chinese Complaints Consulting Service Center has received 4537 letters and visits, involving 50 countries and regions, with a settlement rate of 96.2%. For example, the rights and interests of overseas Chinese education, all overseas Chinese children returning to compulsory education schools can enjoy the policy of "equal treatment" to better safeguard the legitimate rights and interests of overseas Chinese.
When talking about the necessity and importance of the "Regulations" legislation, Xin Li believes that our province is the largest hometown of overseas Chinese in China, with a large number of overseas Chinese and close ties with our province. It is very necessary and important to make this regulation. First, the need to implement the spirit of the Constitution and the basic principles of overseas Chinese affairs of the party and the state; Second, it is necessary to strengthen the protection of the rights and interests of overseas Chinese; The third is to serve the needs of Guangdong's economic and social development; The fourth is the need to promote the legalization of overseas Chinese affairs in our province. At present, there is no special legislation to protect the rights and interests of overseas Chinese at the national level, and some overseas Chinese policies formulated by our province to protect the legitimate rights and interests of overseas Chinese with Guangdong characteristics have not yet risen to the level of laws and regulations, and they lack authority in implementation. Therefore, it is necessary to formulate comprehensive local laws and regulations to protect the rights and interests of overseas Chinese and further protect their legitimate rights and interests from the legal level.
Li Xin pointed out that Article 4 of the Regulations stipulates that "people's governments at all levels should attach importance to and strengthen the protection of the rights and interests of overseas Chinese" and clarifies the responsibilities of people's governments at or above the county level, overseas Chinese affairs departments and other government departments. As the department in charge of overseas Chinese affairs of the provincial government, the Provincial Overseas Chinese Affairs Office always puts the protection of overseas Chinese rights and interests on the important agenda of overseas Chinese affairs. In the next step, we will vigorously publicize and implement the Regulations on the Protection of the Rights and Interests of Overseas Chinese in Guangdong Province and comprehensively promote the rule of law for overseas Chinese. Specifically, efforts should be made to promote overseas Chinese affairs offices at all levels to thoroughly study, publicize and implement the regulations, study and implement implementation methods and work measures, and improve the ability and level of overseas Chinese affairs offices at all levels to protect overseas Chinese and administer according to law. Strive to incorporate the "Regulations" into the work plans of legal education in various places, publicize the "Regulations" through various channels, forms and levels, such as printing materials and holding seminars, and promote the "Regulations" into organs, communities, parks, overseas Chinese communities and enterprises by using news media, overseas Chinese magazines and overseas Chinese media, relying on more than 60 "overseas Chinese law publicity corners" in the province. We will continue to strengthen the investigation and study of new situations and new problems in overseas Chinese affairs at home and abroad, study and formulate relevant policies and regulations in a timely manner, and further improve and perfect the system of policies and regulations on overseas Chinese affairs. Strengthen the construction of public service system for overseas Chinese, continue to promote the effective coverage of various public services for returned overseas Chinese and their relatives, and strive to provide convenient and effective services for overseas Chinese in Guangdong.
Regulations of Guangdong Province on the Protection of the Rights and Interests of Overseas Chinese
Interpretation of the basic content
* * * There are four chapters and 35 articles. The main contents are as follows:
1. The first chapter "General Provisions", article ***5, clarifies the legislative purpose, scope of application, basic principles, responsibilities of the government and departments, and funding guarantee. Article 2 clarifies that the Regulations are applicable to the activities of protecting the legitimate rights and interests of overseas Chinese within the administrative area of Guangdong Province, and defines the concept of overseas Chinese. Article 3 clarifies that "the protection of the rights and interests of overseas Chinese should follow the principle of equal protection"; Article 4 stipulates that "people's governments at all levels should attach importance to and strengthen the protection of the rights and interests of overseas Chinese", and clarifies the responsibilities of people's governments at or above the county level, overseas Chinese affairs departments and other government departments; Article 5 It is clear that people's governments at or above the county level should provide necessary funds for the protection of overseas Chinese rights and interests.
2. Chapter II "Rights and Interests of Overseas Chinese", with a total of 26 articles, is the core part of the Regulations, which specifically stipulates the protection of the rights and interests of overseas Chinese in eight aspects, including politics, life, social security, maternity, education, property, investment and donation:
(1) stipulates the political rights and interests of overseas Chinese. Article 9 provides for the protection of overseas Chinese who apply for the establishment of social organizations according to law and their legitimate rights and interests and activities.
(2) stipulated the personal rights and interests of overseas Chinese. Article 7 stipulates that "overseas Chinese can handle financial affairs, education, medical care, transportation, telecommunications, social insurance, property registration and accommodation registration according to law with passports of the People's Republic of China and China, and passports have the same identification effect as resident identity cards."
(3) stipulated the social security rights and interests of overseas Chinese. Articles 11 to 12 stipulate the right of overseas Chinese to participate in social insurance and enjoy security according to law.
(4) stipulates the reproductive rights and interests of overseas Chinese. Article 13 provides for the protection of the reproductive rights and interests of overseas Chinese.
(5) The educational rights and interests of overseas Chinese are stipulated. Article 14 stipulates the educational rights and interests of overseas Chinese children and overseas Chinese students.
(6) stipulated the property rights and interests of overseas Chinese. Articles 15 to 17, 19 and 26 respectively stipulate the purchase of houses by overseas Chinese, the lease of houses, the expropriation and compensation of houses, the right to use rural homesteads and the protection of overseas Chinese ancestral graves; Article 18 provides for the protection of overseas Chinese rural land contractual management rights and village collective equity; Article 20 provides for the protection of remittances, intellectual property rights and property inheritance rights.
(7) stipulated the investment rights and interests of overseas Chinese. Article 21 clearly stipulates "encouraging and supporting overseas Chinese to invest and set up industries", and Articles 22 to 27 respectively stipulate overseas Chinese's investment and management rights, investment property rights, confirmation of land for production and operation, expropriation and compensation of land for enterprise investment and development, and protection of bidding rights and interests.
(8) stipulates the donation rights and interests of overseas Chinese. Article 28 provides tax incentives and tax relief for overseas Chinese donations; Twenty-ninth provisions of overseas Chinese donation should follow the principles, the rights of overseas Chinese donors and the naming of overseas Chinese donation projects; Article 30 stipulates the protection of assets formed by overseas Chinese donation projects.
Chapter III "Legal Responsibility" stipulates the corresponding legal responsibilities for the acts of state organs and their staff that harm the legitimate rights and interests of overseas Chinese, as well as the acts of other organizations and individuals that infringe on the legitimate rights and interests of overseas Chinese.
Chapter IV "Supplementary Provisions", in which Article 34 stipulates that "except for the specific rights that cannot be enjoyed by laws and regulations, the protection of the rights and interests of foreign Chinese in this province may be implemented with reference to these regulations".
The regulations embody the characteristics of equality and pertinence.
Respond to overseas Chinese
New problems and new demands
Nanfang Daily: As an overseas Chinese worker who participated in the legislation of the Regulations, what do you think? What role has the Provincial Overseas Chinese Affairs Office played in promoting and making unremitting efforts?
Lin Lin: I have the honor to participate in the whole process of legislation of regulations. I deeply feel that our province is serious and responsible for the legislation of regulations, listening to and absorbing opinions from all sides extensively, being scientific and democratic, and the regulations are well formulated.
The smooth promulgation of the "Regulations" is the result of the great attention of the provincial party committee, the provincial government, the provincial people's congress and the provincial CPPCC and the joint efforts of all relevant departments. In the legislative process of more than four years, the Provincial Overseas Chinese Affairs Office has played an important basic role, mainly in five aspects: First, it has won the consent of the Overseas Chinese Affairs Committee of the National People's Congress and the Overseas Chinese Affairs Office of the State Council to support our province to take the lead in legislation and actively started the legislative work of the regulations. Second, in-depth investigation and study to find out the situation and problems of protecting the rights and interests of overseas Chinese. Go to key overseas Chinese counties, Hong Kong, Macao and some countries, and go deep into grassroots overseas Chinese affairs departments, overseas Chinese enterprises, overseas Chinese donation projects, overseas Chinese business organizations and overseas Chinese Federation associations to carry out research; Convene a symposium attended by overseas Chinese attending the provincial people's congress, overseas Chinese representatives attending the provincial CPPCC meeting and invited overseas Chinese representatives, publish relevant contents through overseas Chinese media and internet sites, and listen to opinions extensively. The third is to do a good job in collecting and sorting out relevant materials. Collect and sort out the laws, regulations, rules and departmental normative documents on overseas Chinese formulated by the state, our province and other provinces, and provide them to the relevant departments of the province for reference. The fourth is to do a good job in drafting and amending regulations. On the basis of in-depth investigation, the draft Regulations was drafted, and opinions were widely listened to and revised many times. After the draft "Regulations" was submitted to the provincial government and the provincial people's congress, we cooperated with the Legislative Affairs Office of the provincial government, the Overseas Chinese Affairs Committee of the provincial people's congress and the Legal Affairs Committee to revise the "Regulations". The fifth is to do a good job in propaganda and interpretation. In the process of legislation, we attach great importance to different viewpoints and opinions, carefully explain the history and role of overseas Chinese affairs, introduce the important instructions of state leaders on overseas Chinese affairs, as well as the purpose, basis and relevant policies and regulations on overseas Chinese affairs, promptly explain and respond to questions raised by various parties, and try our best to collect * * * knowledge. In short, it was not easy for the "Regulations" to be enacted smoothly after more than four years. It is the result of support from all sides and the crystallization of collective wisdom.
Nanfang Daily: Please briefly introduce the formulation and promulgation of the Regulations.
Lin Lin: Article 50 of the Constitution stipulates that "People's Republic of China (PRC) shall protect the lawful rights and interests of overseas Chinese". For many years, the overseas Chinese community in China has been demanding and suggesting that a law be enacted to protect the rights and interests of overseas Chinese. It is understood that in the 1980s, the national legislature considered enacting the Law on the Protection of Overseas Chinese, Returned Overseas Chinese and Their Families. In recent years, NPC deputies and CPPCC members have put forward many proposals or suggestions on the protection of the rights and interests of overseas Chinese, but the state has not yet enacted a law on the protection of the rights and interests of overseas Chinese.
At the Fourth National Committee of the 10th CPPCC (20 1 1), Wu Ruicheng and Yolanda, members of CPPCC, jointly put forward the proposal of "formulating protection regulations to earnestly safeguard the legitimate rights and interests of overseas Chinese", which was listed as a special proposal supervised by a special committee and handed over to the Overseas Chinese Affairs Office of the province. The Provincial Overseas Chinese Affairs Office attaches great importance to handling this proposal. At the beginning of March of that year, I was sent to the Overseas Chinese Affairs Committee of the National People's Congress and the Overseas Chinese Affairs Office of the State Council for instructions on legislation, which received strong support. Since then, the Provincial Overseas Chinese Affairs Office, the Overseas Chinese Affairs Committee of the Provincial People's Congress and the Provincial Legislative Affairs Office have conducted research on the legislation of the Regulations. They believe that it is necessary for Guangdong to legislate the regulations, and the legislative conditions are ripe, and they agree that the Overseas Chinese Affairs Office will take the lead in drafting them. Since then, the Overseas Chinese Affairs Office of Guangdong Province has started the legislative preparations for the Regulations, and in February 201kloc-0/65438, it submitted the "Request for Instructions on Requesting the Provincial People's Congress to Formulate the Regulations on the Protection of the Rights and Interests of Overseas Chinese in Guangdong Province" to the provincial government. 20 12 and 20 13 submitted letters on legislation to the Overseas Chinese Affairs Committee of the Provincial People's Congress and the Legislative Affairs Office of the provincial government respectively. At the end of 20 13 and the beginning of 2003, the provincial people's congress and the provincial government respectively included this regulation in the five-year legislative plan and the legislative preparatory project of that year. On February 4th, 65438, the executive meeting of the provincial government deliberated and adopted the Regulations (Draft for Review). In March, May and July, the Standing Committee of the Provincial People's Congress carefully considered the bill and the revised draft. On July 3 1 day, the second plenary meeting of the 19th meeting of the Standing Committee of the 12th Provincial People's Congress voted to pass the regulations.
In order to do a good job in the drafting, deliberation, revision and deliberation of the "Regulations" legislation, the Overseas Chinese Affairs Office of the provincial government, the Foreign Affairs Committee of the provincial people's congress and the Legal Affairs Committee of the provincial people's congress support and cooperate closely with each other. The Working Committee for Foreigners of CPPCC Provincial Committee, the Guangdong Provincial Committee of Zhi Gong Dang and the Federation of Returned Overseas Chinese also put forward opinions and suggestions on the legislation of the regulations. We also held consultation meetings with famous legal experts and lawyers in Guangzhou, Shenzhen and Beijing to listen to their opinions widely, and entrusted the Law School of Jinan University to organize a legal expert consultation meeting to revise the regulations repeatedly according to the expert opinions. Thanks to the intellectual support of experts, the quality of laws and regulations has been guaranteed.
Nanfang Daily: What are the characteristics of the regulations in safeguarding the interests of overseas Chinese?
Lin Lin: I personally think that the regulations have five characteristics: first, equality. Article 3 of the Regulations clearly stipulates that "the protection of the rights and interests of overseas Chinese shall follow the principle of equal protection". This is the first time that the basic principles for protecting the rights and interests of overseas Chinese have been clearly stipulated in the legislation concerning overseas Chinese. The second is comprehensiveness. The Regulations is a collection of existing laws, regulations and policies concerning overseas Chinese, and it is the most comprehensive and comprehensive law to protect the rights and interests of overseas Chinese. The third is pertinence. Focus on the most vital, concerned and urgent rights and interests of overseas Chinese, such as overseas Chinese housing, overseas Chinese investment, overseas Chinese donations, overseas Chinese social security, overseas Chinese education and other rights and interests, and provide legal protection for solving outstanding practical problems; The fourth is feasibility. It is manifested in two aspects. First, every provision can be found in relevant laws, regulations, rules and normative documents, and it is legal. The second one is more specific. In order to protect the rights and interests of overseas Chinese residences, overseas Chinese investments, overseas Chinese donations, etc., specific provisions are made as far as possible for many problems existing in real life and penalties for infringement, which enhances operability; The fifth is innovation. For example, the establishment of social organizations by overseas Chinese, the protection of overseas Chinese's intellectual property rights, the protection of overseas Chinese's rights and interests in rural homesteads, the protection of overseas Chinese's right to land contractual management after settling abroad, and the participation of overseas Chinese-invested enterprises in government procurement are all innovations, which better respond to overseas Chinese's new concerns and demands.