KYB CHINA(2004年6月4日国务院第53次常务会议通过 2004年6月23日中华人民共和国国务院令第410号公布 自2004年7月1日起施行)
(Adopted at the 53rd Executive Meeting of the State Council on June 4, 2004, promulgated by Decree No. 410 of the State Council of the People's Republic of China on June 23, 2004, and effective as of July 1, 2004)
根据《中华人民共和国归侨侨眷权益保护法》的规定，制定本办法。
These Measures are formulated in accordance with the provisions of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Relatives.
归侨、侨眷的身份，由其常住户口所在地的县级以上地方人民政府负责侨务工作的机构根据本人申请审核认定。
The status of returned overseas Chinese and their relatives shall be verified and determined by the overseas Chinese affairs agency of the local people's government at or above the county level in the place of their permanent residence, based on their application.
与华侨、归侨有长期扶养关系的亲属申请认定侨眷身份的，应当提供由公证机构出具的扶养证明。
Relatives who have a long-term foster relationship with overseas Chinese or returned overseas Chinese and apply for recognition as relatives of overseas Chinese shall provide a foster certificate issued by a notary institution.
华侨、归侨去世后或者华侨身份改变后，其国内眷属原依法认定的侨眷身份不变。
After the death of an overseas Chinese or returned overseas Chinese, or after a change in the status of an overseas Chinese, the previously legally recognized status of their domestic relatives as relatives of overseas Chinese shall remain unchanged.
依法与华侨、归侨及其子女解除婚姻关系，或者与华侨、归侨解除扶养关系的，其原依法认定的侨眷身份丧失。
If a marriage relationship with an overseas Chinese, returned overseas Chinese, or their children is legally dissolved, or if a foster relationship with an overseas Chinese or returned overseas Chinese is terminated, the previously legally recognized status as a relative of overseas Chinese shall be lost.
县级以上地方各级人民政府应当重视和加强归侨、侨眷合法权益保护工作。
Local people's governments at or above the county level shall attach importance to and strengthen the protection of the legitimate rights and interests of returned overseas Chinese and their relatives.
县级以上人民政府负责侨务工作的机构应当组织协调有关部门做好保护归侨、侨眷合法权益的工作，并组织开展本行政区域内归侨、侨眷权益保护的法律、法规执行情况的监督、检查。
The overseas Chinese affairs agency of the people's government at or above the county level shall organize and coordinate relevant departments to protect the legitimate rights and interests of returned overseas Chinese and their relatives, and shall organize the supervision and inspection of the implementation of laws and regulations on the protection of the rights and interests of returned overseas Chinese and their relatives within its administrative region.
县级以上人民政府有关部门应当在各自的职责范围内做好归侨、侨眷合法权益的保护工作。
Relevant departments of the local people's government at or above the county level shall, within their respective responsibilities, do a good job in protecting the legitimate rights and interests of returned overseas Chinese and their relatives.
华侨要求回国定居的，按照国家有关出入境管理的规定核发回国定居证明。
If an overseas Chinese requests to return to China for permanent residence, a certificate of return for permanent residence shall be issued in accordance with the relevant state regulations on entry and exit management.
地方人民政府和有关部门对回国定居的华侨，按照国家有关规定给予安置。
Local people's governments and relevant departments shall arrange for overseas Chinese who return to China for permanent residence in accordance with the relevant state regulations.
中华全国归国华侨联合会以及地方归国华侨联合会按照其章程开展活动，维护归侨、侨眷的合法权益。
The All-China Federation of Returned Overseas Chinese and local federations of returned overseas Chinese shall carry out activities in accordance with their articles of association and safeguard the legitimate rights and interests of returned overseas Chinese and their relatives.
归侨、侨眷有权依法申请成立其他社会团体，进行适合归侨、侨眷需要的合法的社会活动。
Returned overseas Chinese and their relatives have the right to apply for the establishment of other social organizations in accordance with the law and to carry out legal social activities suitable for the needs of returned overseas Chinese and their relatives.
归侨、侨眷社会团体的合法权益以及按照章程进行的合法活动，受法律保护；其依法拥有的财产，任何组织或者个人不得侵占、损害。
The legitimate rights and interests of social organizations of returned overseas Chinese and their relatives, as well as their legal activities conducted in accordance with their articles of association, shall be protected by law; their lawfully owned property shall not be encroached upon or damaged by any organization or individual.
各级人民政府核拨给安置归侨的农场、林场等企业的专项经费应当专款专用，任何组织和个人不得挪用、截留或者私分。
Special funds allocated by people's governments at all levels to enterprises such as farms and forest farms that resettle returned overseas Chinese shall be used exclusively for their intended purposes, and no organization or individual may misappropriate, withhold, or privately distribute them.
地方人民政府应当对安置归侨的农场、林场等企业给予扶持。
Local people's governments shall provide support to enterprises such as farms and forest farms that resettle returned overseas Chinese.
安置归侨的农场、林场等企业合法使用的土地、山林、滩涂、水面等资源，企业依法享有使用权，其拥有的生产资料、经营的作物、生产的产品，任何组织或者个人不得侵占、损害；国家依法征收或者征用安置归侨的农场、林场的土地的，依法给予补偿。
For resources such as land, mountains, beaches, and water surfaces legally used by enterprises such as farms and forest farms that resettle returned overseas Chinese, the enterprises shall enjoy the right to use them; their production materials, crops under cultivation, and products shall not be encroached upon or damaged by any organization or individual; if the state lawfully expropriates or requisitions the land of farms or forest farms that resettle returned overseas Chinese, compensation shall be given in accordance with the law.
在安置归侨的农场、林场等企业所在的地方设置的学校、医疗保健机构，应当纳入地方人民政府的教育、卫生规划，统一管理。
Schools and medical and health care institutions established in the localities where enterprises such as farms and forest farms that resettle returned overseas Chinese are located shall be included in the education and health plans of the local people's government and managed uniformly.
国家依法维护归侨、侨眷的社会保障权益。用人单位和归侨、侨眷应当依法参加当地的社会保险，缴纳社会保险费。参加社会保险的归侨、侨眷依法享受社会保险待遇。
The state shall protect the social security rights and interests of returned overseas Chinese and their relatives in accordance with the law. Employers and returned overseas Chinese and their relatives shall participate in local social insurance in accordance with the law and pay social insurance premiums. Returned overseas Chinese and their relatives who participate in social insurance shall enjoy social insurance benefits in accordance with the law.
地方人民政府对生活确有困难的归侨、侨眷，应当给予救济，并对其生产、就业给予扶持；依法保障丧失劳动能力又无经济来源的归侨、侨眷的基本生活。
Local people's governments shall provide relief to returned overseas Chinese and their relatives who have genuine difficulties in life, and shall support their production and employment; they shall guarantee the basic living of returned overseas Chinese and their relatives who have lost the ability to work and have no source of income in accordance with the law.
归侨、侨眷依法投资开发荒山、荒地、滩涂，或者从事农业、林业、牧业、渔业生产，有关地方人民政府应当给予支持。
If returned overseas Chinese and their relatives invest in the development of barren hills, wasteland, or beaches, or engage in agricultural, forestry, animal husbandry, or fishery production in accordance with the law, the relevant local people's government shall provide support.
归侨、侨眷在国内兴办公益事业，各级人民政府及其有关部门应当给予支持，其合法权益受法律保护。
If returned overseas Chinese and their relatives establish public welfare undertakings within China, people's governments at all levels and relevant departments shall provide support, and their legitimate rights and interests shall be protected by law.
归侨、侨眷境外亲友捐赠的物资用于国内公益事业的，依法减征或者免征关税和进口环节的增值税。
If materials donated by overseas relatives of returned overseas Chinese and their relatives are used for domestic public welfare undertakings, customs duties and import value-added tax shall be reduced or exempted in accordance with the law.
归侨、侨眷及其境外亲友在境内投资的企业捐赠的财产用于公益事业的，依法享受所得税优惠。
If property donated by enterprises invested by returned overseas Chinese and their relatives or their overseas relatives within China is used for public welfare undertakings, income tax preferences shall be enjoyed in accordance with the law.
归侨、侨眷境外亲友向境内捐赠财产的，县级以上人民政府负责侨务工作的机构可以协助办理有关入境手续，为捐赠人实施捐赠项目提供帮助，并依法对捐赠财产的使用与管理进行监督。
If overseas relatives of returned overseas Chinese and their relatives donate property to China, the overseas Chinese affairs agency of the people's government at or above the county level may assist in handling relevant entry procedures, provide help for donors to implement donation projects, and supervise the use and management of donated property in accordance with the law.
国家依法保护归侨、侨眷在国内私有房屋的所有权。归侨、侨眷对其私有房屋，依法享有占有、使用、收益和处分的权利，任何组织或者个人不得侵犯。
The state protects the ownership of private housing within China of returned overseas Chinese and the family members of overseas Chinese according to law. Returned overseas Chinese and the family members of overseas Chinese shall enjoy the rights to possess, use, benefit from, and dispose of their private housing according to law, and no organization or individual may infringe upon them.
租赁归侨、侨眷的私有房屋，须由出租人和承租人签订租赁合同，并到房屋所在地的房产管理部门登记备案。租赁合同终止时，承租人应当将房屋退还出租人。
When leasing private housing of returned overseas Chinese or the family members of overseas Chinese, the lessor and lessee must sign a lease contract and register it with the real estate management department at the location of the housing. Upon termination of the lease contract, the lessee shall return the housing to the lessor.
依法拆迁归侨、侨眷私有房屋的，拆迁人应当按照国家有关房屋拆迁管理的规定给予货币补偿或者实行房屋产权调换。按照政府规定的租金标准出租的归侨、侨眷的私有房屋被拆迁的，补偿安置的办法由国务院建设主管部门会同有关部门规定。
When lawfully demolishing private housing of returned overseas Chinese or the family members of overseas Chinese, the demolition party shall provide monetary compensation or implement housing property rights exchange in accordance with the state's regulations on housing demolition management. If the private housing of returned overseas Chinese or the family members of overseas Chinese rented at the government-prescribed rental standard is demolished, the compensation and resettlement measures shall be stipulated by the construction administrative department of the State Council in conjunction with relevant departments.
华侨子女回国就读实施义务教育的学校，应当视同当地居民子女办理入学手续；归侨学生、归侨子女和华侨在国内的子女报考国家举办的非义务教育的学校，教育等有关部门应当按照国家有关规定结合本地区实际情况给予照顾。
When children of overseas Chinese return to China to attend schools implementing compulsory education, they shall be treated as local resident children for enrollment procedures; when returned overseas Chinese students, children of returned overseas Chinese, and children of overseas Chinese in China apply for non-compulsory education schools run by the state, the education and other relevant departments shall give preferential treatment in accordance with the relevant state regulations and in light of the actual local conditions.
侨汇是归侨、侨眷的合法收入，其所有权受法律保护，任何组织或者个人不得侵占、延迟支付、强行借贷或者非法冻结、没收。
Overseas Chinese remittances are the lawful income of returned overseas Chinese and the family members of overseas Chinese, and their ownership is protected by law. No organization or individual may embezzle, delay payment, force loans, or illegally freeze or confiscate them.
归侨、侨眷需要赴境外处分财产或者接受遗产、遗赠、赠与的，有关部门和我国驻外国的外交(领事)机构或者外交部授权的其他驻外机构，可以根据归侨、侨眷的请求提供必要的协助。
If returned overseas Chinese or the family members of overseas Chinese need to go abroad to dispose of property or accept inheritance, legacy, or gift, the relevant departments and China's diplomatic (consular) missions abroad or other overseas missions authorized by the Ministry of Foreign Affairs may provide necessary assistance upon the request of the returned overseas Chinese or the family members of overseas Chinese.
归侨、侨眷的通信自由和通信秘密受法律保护，任何组织或者个人不得非法开拆、隐匿、毁弃或者盗窃归侨、侨眷的邮件。归侨、侨眷的给据邮件丢失、损毁、内件短少的，邮政部门应当依法赔偿。
The freedom and confidentiality of correspondence of returned overseas Chinese and the family members of overseas Chinese are protected by law. No organization or individual may illegally open, conceal, destroy, or steal their mail. If registered mail of returned overseas Chinese or the family members of overseas Chinese is lost, damaged, or short of contents, the postal department shall compensate according to law.
归侨、侨眷申请出境的，有关主管部门应当在规定的期限内依法办理手续。
When returned overseas Chinese or the family members of overseas Chinese apply to exit the country, the relevant competent departments shall handle the procedures according to law within the prescribed time limit.
归侨、侨眷因境外直系亲属病危、死亡或者处理境外财产等特殊情况急需出境的，有关主管部门应当根据申请人提供的有效证明优先办理。
If returned overseas Chinese or the family members of overseas Chinese urgently need to exit the country due to special circumstances such as critical illness or death of a direct relative abroad, or handling of property abroad, the relevant competent departments shall give priority to handling based on valid certificates provided by the applicant.
归侨、侨眷按照国家有关探亲规定享受出境探亲待遇。
Returned overseas Chinese and the family members of overseas Chinese shall enjoy the treatment of exiting the country for family visits in accordance with the state's relevant family visit regulations.
按照国家规定退休(离休)的归侨、侨眷获准出境定居的，按照国家规定享受的退休(离休)待遇不变。其养老金可以委托他人领取，但需每年向原工作单位或者负责支付养老金的社会保险经办机构提供由我国驻其所在国的外交(领事)机构或者所在国公证机构出具的本人生存证明文件。
Returned overseas Chinese and the family members of overseas Chinese who have retired (or left their posts) according to state regulations and are approved to settle abroad shall have their retirement (or post-leaving) benefits unchanged as stipulated by the state. Their pensions may be collected by an authorized person, but they must provide a certificate of survival issued by China's diplomatic (consular) mission in the country of residence or a notary institution of that country to the original work unit or the social insurance agency responsible for paying the pension each year.
归侨、侨眷退休(离休)后出境定居又回国就医的，按照当地有关规定享受相应的医疗待遇。
If returned overseas Chinese or the family members of overseas Chinese who have retired (or left their posts) and settled abroad return to China for medical treatment, they shall enjoy corresponding medical treatment benefits in accordance with local relevant regulations.
不符合国家规定退休条件的归侨、侨眷职工获准出境定居的，按照国家有关规定办理辞职、解聘、终止劳动关系手续，按照国家有关规定享受一次性离职费及相关待遇，已经参加基本养老保险、基本医疗保险的，由社会保险经办机构按照国家有关规定一次性结清应归属其本人的费用，并终止其基本养老保险、基本医疗保险关系。
For returned overseas Chinese or the family members of overseas Chinese who do not meet the state's retirement conditions and are approved to settle abroad, they shall handle resignation, dismissal, or termination of labor relations procedures in accordance with state regulations, and enjoy a one-time severance pay and related benefits as stipulated by the state. If they have participated in basic endowment insurance and basic medical insurance, the social insurance agency shall settle the amounts attributable to them in a lump sum according to state regulations and terminate their basic endowment insurance and basic medical insurance relations.
归侨、侨眷获准出境定居，出境前依法参加前款规定以外的其他社会保险的，按照国家有关规定享受相应的社会保险待遇。
If returned overseas Chinese or the family members of overseas Chinese who are approved to settle abroad have participated in other social insurance other than those mentioned in the preceding paragraph before exiting, they shall enjoy corresponding social insurance benefits in accordance with state regulations.
归侨、侨眷在获得前往国家(地区)的入境签证前，所在工作单位或者学校不得因其申请出境而对其免职、辞退、解除劳动关系、停发工资或者责令退学，并且不得收取保证金、抵押金。
Before returned overseas Chinese or the family members of overseas Chinese obtain an entry visa for the destination country (region), their work unit or school may not dismiss, terminate labor relations, suspend wages, or order them to withdraw from school due to their application to exit the country, nor may they collect deposits or mortgages.
归侨、侨眷按照国家有关探亲规定获准出境探亲的，在批准的假期内，其工作、租住的公房应当保留。
If returned overseas Chinese or the family members of overseas Chinese are approved to exit the country for family visits in accordance with the state's family visit regulations, their work and rented public housing shall be retained during the approved leave period.
归侨、侨眷出境探亲或者定居的，按照规定可以兑换外汇；出境定居的，其领取的社会保险金、住房公积金可以按照规定兑换外汇汇出或者携带出境。
When returned overseas Chinese or the family members of overseas Chinese exit the country for family visits or settlement, they may exchange foreign currency according to regulations; if they exit for settlement, the social insurance benefits and housing provident fund they receive may be exchanged into foreign currency and remitted or taken out of the country according to regulations.
我国驻外国的外交(领事)机构根据我国缔结或者参加的国际条约或者国际惯例，保护归侨、侨眷在境外的合法权益。
China's diplomatic (consular) missions abroad shall protect the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese abroad in accordance with international treaties to which China is a party or international practices.
归侨、侨眷在境外有养老金、抚恤金等需要领取的，我国驻外国的外交(领事)机构可以根据其请求提供必要的协助。
If returned overseas Chinese or the family members of overseas Chinese need to collect pensions, survivors' benefits, etc. abroad, China's diplomatic (consular) missions abroad may provide necessary assistance upon their request.
归侨、侨眷的合法权益受到侵害的，有权要求有关主管部门依法处理，或者向人民法院起诉。对有经济困难的归侨、侨眷，当地法律援助机构应当依法为其提供法律援助。各级归国华侨联合会应当给予支持和帮助。
If the lawful rights and interests of returned overseas Chinese or the family members of overseas Chinese are infringed upon, they have the right to request the relevant competent departments to handle the matter according to law, or to file a lawsuit with the people's court. For returned overseas Chinese or the family members of overseas Chinese with financial difficulties, the local legal aid institution shall provide legal aid according to law. The All-China Federation of Returned Overseas Chinese at all levels shall provide support and assistance.
经办侨务专项经费的机构、人员，违反本办法规定，挪用、截留、私分侨务专项经费的，对直接负责的主管人员和其他直接责任人员依法给予行政处分或者纪律处分；构成犯罪的，依法追究刑事责任。被挪用、截留、私分的侨务专项经费，由其主管部门责令追回。
If institutions or personnel handling special overseas Chinese affairs funds, in violation of these Measures, misappropriate, intercept, or privately divide special overseas Chinese affairs funds, the directly responsible supervisors and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions according to law; if a crime is constituted, criminal liability shall be pursued according to law. The misappropriated, intercepted, or privately divided special overseas Chinese affairs funds shall be ordered to be recovered by the competent department.
国家机关工作人员滥用职权、玩忽职守、徇私舞弊，致使归侨、侨眷合法权益受到损害的，对直接负责的主管人员和其他直接责任人员依法给予行政处分或者纪律处分；构成犯罪的，依法追究刑事责任。
If state functionaries abuse their power, neglect their duties, or engage in malpractice for personal gain, causing damage to the lawful rights and interests of returned overseas Chinese or the family members of overseas Chinese, the directly responsible supervisors and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions according to law; if a crime is constituted, criminal liability shall be pursued according to law.
本办法自2004年7月1日起施行。1993年7月19日国务院发布的《中华人民共和国归侨侨眷权益保护法实施办法》同时废止。
These Measures shall come into force as of July 1, 2004. The Measures for the Implementation of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese promulgated by the State Council on July 19, 1993 shall be abolished simultaneously.