United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules)

(Effective date:-Expiry date:)

The States Parties to this Convention,
  Recognize that need to determine by agreement a numb of rules governing the carriage of goods by sea,
  Decided to conclude a convention for this purpose, and agreed as follows:
  The first part of the general rules

  The first definition
  In this Convention:
  1. "Carrier" means any person who has entered into a contract of carriage of goods by sea with the shipper by himself or in his name.
  2. "Actual carrier" means any person entrusted by the carrier to carry out the transport of goods or part of the transport of goods, including any other person entrusted to carry out this transport.
  3. "Shipper" means any person who has entered into a contract of carriage of goods by sea with a carrier or who has actually delivered the goods to the carrier related to the contract of carriage of goods by sea.
  4. "Consignee" means the person who has the right to take delivery of the goods.
  5. "Goods" include live animals. Where goods are packed in containers, pallets or similar means of transport, or goods are packaged, and such means of transport or packaging are provided by the shipper, "goods" include them.
  6. "Contract of carriage by sea" means any contract under which the carrier collects freight and undertakes to transport goods from one port to another by sea; However, a contract that includes both maritime transport and some other modes of transport is regarded as a contract of carriage by sea within the scope of this Convention.
  7. "Bill of Lading" refers to a document used to prove the contract of carriage by sea and that the goods are taken over or loaded by the carrier, so that the carrier can guarantee the delivery of the goods. The stipulation in the document that the goods should be delivered to the designated consignee or to the order, or to the holder of the bill of lading constitutes this guarantee.
  8. "Written" includes, among other means, telegram and telex.

  Article 2 Scope of application
  1. The provisions of this Convention apply to all contracts of carriage by sea between two different countries if:
  (a) The port of loading stipulated in the contract of carriage by sea is located in a Contracting State, or
  (b) The port of discharge stipulated in the contract of carriage by sea is located in a Contracting State, or
  (c) One of the alternative ports of discharge stipulated in the contract of carriage by sea is the actual port of discharge, and the port is located in a Contracting State, or
  (d) The bill of lading or other documents evidencing the contract of carriage by sea is issued in a Contracting State, or
  (e) The bill of lading or other documents evidencing the contract of carriage by sea stipulates that the provisions of this Convention or the legislation of any country implementing this Convention shall bind the contract.
  2. The provisions of this Convention shall apply irrespective of the nationality of the ship, the carrier, the actual carrier, the shipper, the consignee or any other interested person.
  3. The provisions of this Convention do not apply to charterparties. However, if the bill of lading is issued in accordance with the charter party and the relationship between the carrier and the holder of the bill of lading who is not the charterer is drawn, the provisions of this Convention shall apply to the bill of lading.
  If the contract stipulates that the goods will be transported in batches within an agreed time limit, the provisions of this Convention shall apply to each batch of transportation. However, if the transportation is carried out in accordance with the charter party, the provisions of paragraph 3 of this article shall apply.

  Article 3 Interpretation of this Convention
  When interpreting and applying the provisions of this Convention, attention should be paid to the international nature of this Convention and the need to promote unification.

  Part II Liability of the Carrier

  Article 4 Period of responsibility
  1. According to this Convention, the period of the carrier’s responsibility for the goods includes all the periods when the goods are in the carrier’s charge at the port of loading, during the transit and at the port of discharge.
  2. For the purposes of paragraph 1 of this article, the carrier shall be deemed to be in charge of the goods during the following period:
  (a) Since the carrier takes over the goods from:
  (i) The shipper or a person acting on his behalf; or
  (ii) According to the applicable laws or regulations at the port of loading, the goods must be delivered to the authorities where they are shipped or other third parties;
  (b) Until the carrier delivers the goods to:
  (i) Deliver the goods to the consignee; or
  (ii) If the consignee fails to take delivery of the goods from the carrier, the goods shall be placed under the control of the consignee in accordance with the contract or the applicable laws or special trade practices at the port of discharge; or
  (iii) Deliver the goods to the authorities or other third parties who must deliver them according to the laws or regulations applicable at the port of discharge.
  3. The carrier or consignee mentioned in paragraphs 1 and 2 of this article means not only the carrier and the consignee, but also the servant or agent of the carrier or the consignee respectively.

  Article 5 Basis of Responsibility
  1. Unless the carrier proves that his servant or agent has taken all reasonable measures to avoid the accident and its consequences, the carrier shall be liable for the losses caused by the loss of or damage to the goods or the delay in delivery. If the accident that caused the loss, damage or delay in delivery occurred while the carrier was in charge, as mentioned in Article 4.
  2. If the goods fail to be delivered at the port of discharge stipulated in the contract of carriage by sea within the clearly agreed time, or if there is no such agreement, they fail to be delivered at the port of discharge within the time reasonably required by a diligent carrier in consideration of the actual situation, it is a delay in delivery.
  3. If the goods are not delivered in accordance with the requirements of Article 4 within 60 consecutive days after the delivery time stipulated in Paragraph 2 of this Article expires, the person entitled to claim for the loss of the goods may regard the goods as lost.
  4. (a) The carrier is liable for:
  (i) The loss, damage or delay in delivery of the goods caused by the fire, if the claimant proves that the fire was caused by the fault or negligence of the carrier, his servants or agents;
  (ii) Loss, damage or delay in delivery of the goods proved by the claimant due to the negligence or negligence of the carrier, its servants or agents in taking all measures that can be reasonably required to extinguish the fire disaster and avoid or mitigate its consequences.
  (b) Where the fire on the ship affects the goods, if the claimant or the carrier requests, the cause and situation of the fire must be investigated in accordance with the maritime practice, and a report of the investigator shall be provided to the carrier and the claimant as required.
  With regard to live animals, the carrier shall not be liable for loss, damage or delay in delivery caused by any special risks inherent in such transportation. If the carrier proves that he acted in accordance with any special instructions on animals given to him by the shipper, and proves that the loss, damage or delay in delivery can be attributed to this kind of risk according to the actual situation, it shall be presumed that the loss, damage or delay in delivery is caused in this way, unless it is proved that all or part of the loss, damage or delay in delivery is caused by the fault or negligence of the carrier, his servants or agents.
  6. The carrier shall not be liable for loss, damage or delay in delivery caused by taking measures to save life or reasonable measures to save property at sea, except contributing to general average.
  7. If the loss, damage or delay in delivery of the goods is caused by the fault or negligence of the carrier, its servants or agents and other reasons, the carrier shall be liable for compensation only to the extent that the loss, damage or delay in delivery is caused by their fault or negligence, but the carrier shall prove that it is not the amount of loss, damage or delay in delivery caused by such fault or negligence.

  Article 6 limitation of liability
  1. (a) According to the provisions of Article 5, the carrier’s liability for compensation for losses caused by loss of or damage to goods shall be limited to the amount equivalent to 835 accounting units or 2.5 accounting units per kilogram of gross weight for each lost or damaged goods or other freight units, whichever is the higher.
  (b) According to Article 5, the carrier’s liability for delay in delivery is limited to an amount equivalent to 2.5 times of the freight payable for the delayed goods, but shall not exceed the total freight payable under the contract of carriage of goods by sea.
  (c) According to subparagraphs (a) and (b) of this paragraph, the total liability of the carrier shall in no case exceed the limit of liability for total loss of goods stipulated in subparagraph (a) of this paragraph.
  2. According to paragraph 1 (a) of this article, the following rules shall be observed when calculating the higher amount:
  (a) When containers, pallets or similar means of transport are used to assemble goods, if a bill of lading is issued, the number of pieces or other freight units contained in such means of transport, which is listed in the bill of lading or in any other document evidencing the contract of carriage by sea, shall be regarded as the number of pieces or freight units. In addition to the above situation, the goods in this transportation device are regarded as a freight unit.
  (b) When the means of transport itself is lost or damaged, if it is not owned or provided by the carrier, it shall be regarded as a separate freight unit.
  3. The unit of account refers to the unit of account mentioned in Article 26.
  4. The carrier and the shipper may, by agreement, determine the limit of liability in excess of that stipulated in paragraph 1.

  Article 7 Application of Non-contractual Claims
  1. The defences and limits of liability provided for in this Convention shall apply to the loss or damage of the goods involved in the contract of carriage by sea, as well as any lawsuit brought against the carrier for delay in delivery, whether such lawsuit is based on contract, tort or otherwise.
  2. If such an action is brought against the servant or agent of the carrier, and the servant or agent can prove that he acted within the scope of his employment, he is entitled to avail himself of the defences and limits of liability that the carrier is entitled to invoke under this Convention.
  3. Except as provided in Article 8, the total amount of compensation obtained from the carrier and any person referred to in paragraph 2 of this Article shall not exceed the limitation of liability stipulated in this Convention.

  Article 8 Loss of the right to limit liability
  1. If it is proved that the loss, damage or delay in delivery is caused by an act or omission of the carrier that intentionally caused such loss, damage or delay in delivery, or by an act or omission of the carrier that was done recklessly knowing that such loss, damage or delay in delivery might occur, the carrier shall not be entitled to the benefit of the limitation of liability stipulated in Article 6.
  2. Notwithstanding paragraph 2 of Article 7, if it is proved that the loss, damage or delay in delivery is caused by the act or omission of the employee or agent intentionally causing such loss, damage or delay in delivery, or by the act or omission of the employee or agent recklessly knowing that such loss, damage or delay in delivery may occur, the employee or agent of the carrier shall not be entitled to the benefit of the limitation of liability stipulated in Article 6.

  Article 9 deck cargo
  1. The carrier has the right to carry the goods on deck only in accordance with the agreement with the shipper, or in accordance with specific trade practices, or in accordance with the requirements of laws and regulations.
  2. If the carrier and the shipper agree that the goods should or can be carried on deck, the carrier must put a corresponding statement on the bill of lading or other documents evidencing the contract of carriage by sea. Without this statement, it is the carrier’s responsibility to prove that an agreement has been reached for carriage on deck. However, the carrier has no right to invoke this agreement against the third party, including the consignee, who believes in and holds the bill of lading.
  3. If the goods are carried on deck in violation of the provisions of paragraph 1 of this article, or the carrier cannot invoke the agreement on carriage on deck in accordance with paragraph 2 of this article, notwithstanding the provisions of paragraph 1 of Article 5, the carrier shall still be liable for the loss or damage of the goods and the delay in delivery caused only by carriage on deck, and the limit of its liability shall be determined in accordance with the provisions of Article 6 or Article 8 of this Convention as the case may be.
  Loading the goods on deck in violation of the express agreement to load the goods in the cabin shall be regarded as an act or omission of the carrier within the meaning of Article 8.

  Article 10 Liability of the carrier and the actual carrier
  1. If the performance of the transport or part of the transport is entrusted to the actual carrier, the carrier shall still be responsible for the whole transport in accordance with the provisions of this Convention, regardless of whether it is entitled to do so under the contract of carriage by sea. With regard to the transportation performed by the actual carrier, the carrier shall be responsible for the acts or omissions of the actual carrier and its employees and agents within the scope of their employment.
  2. All the provisions of this Convention on the carrier’s liability also apply to the actual carrier’s liability for the transportation performed by it. If a lawsuit is brought against the employee or agent of the actual carrier, the provisions of paragraphs 2 and 3 of Article 7 and paragraph 2 of Article 8 shall apply.
  3. Any special agreement under which the carrier assumes the obligations not stipulated in this Convention or waives the rights conferred by this Convention can only affect the actual carrier if he expressly agrees in writing. Whether the actual carrier has agreed or not, the carrier is still bound by the obligations or waivers caused by this special agreement.
  4. If both the carrier and the actual carrier are liable, they shall be jointly and severally liable within the scope of this liability.
  5. The total amount of compensation obtained from the carrier, the actual carrier and their servants and agents shall not exceed the limitation of liability stipulated in this Convention.
  6. The provisions of this article are without prejudice to any right of recourse between the carrier and the actual carrier.

  Article 11 through transport
  1. Notwithstanding the provisions of Article 10, paragraph 1, if the contract of carriage by sea clearly stipulates that a specific part of the carriage included in the contract shall be performed by a designated person other than the carrier, the contract may also stipulate that the carrier shall not be responsible for the loss, damage or delay in delivery of the goods during this part of the carriage, which is under the control of the actual carrier. However, if legal proceedings cannot be brought against the actual carrier in a competent court in accordance with the provisions of Article 21, paragraph 1 or paragraph 2, any provision limiting or exempting such liability shall be null and void. The carrier shall bear the burden of proof to prove that any loss, damage or delay in delivery is caused by the above-mentioned events.
  2. According to Article 10, paragraph 2, the actual carrier shall be responsible for the loss, damage or delay in delivery of the goods caused by accidents while in his charge.

  Part III Liability of Shipper

  Article 12 General rules
  The shipper shall not be liable for the loss suffered by the carrier or the actual carrier or the damage suffered by the ship, unless such loss or damage is caused by the fault or negligence of the shipper, his servants or agents. Any servant or agent of the shipper shall not be liable for such loss or damage, unless such loss or damage is caused by his own fault or negligence.

  Article 13 Special rules on dangerous goods
  1. The shipper must mark or label the dangerous goods in an appropriate way.
  2. When the shipper delivers the dangerous goods to the carrier or the actual carrier, the shipper must inform the danger of the goods and, if necessary, the preventive measures to be taken. If the shipper fails to do so, and the carrier or the actual carrier does not know the dangerous characteristics of the goods from other sources, then:
  (a) The shipper shall be liable to the carrier and any actual carrier for the losses caused by carrying such goods. and
  (b) The goods can be unloaded, destroyed or rendered harmless at any time according to the needs of the situation without compensation;
  3. No one may invoke the provisions of paragraph 2 of this article if he takes over the goods knowing the dangerous characteristics during transportation.
  4. If the provisions of paragraph 2 (b) of this article are not applicable or can not be invoked, and the dangerous goods cause actual danger to life or property, the goods may be unloaded, destroyed or rendered harmless without compensation, except for the obligation of general average contribution or the liability of the carrier according to Article 5.

  Part IV Transport Documents

  Article 14 issuance of bills of lading
  1. When the carrier or actual carrier takes over the goods, the carrier must issue the bill of lading to the shipper at the request of the shipper.
  2. The bill of lading may be signed by the person authorized by the carrier. A bill of lading signed by the captain of the ship carrying the goods shall be deemed to be signed on behalf of the carrier.
  3. The signature on the bill of lading can be handwritten, copied, punched, stamped, symbolized, or by any other mechanical or electronic means provided that it does not violate the laws of the country where the bill of lading is issued.

  Article 15 Contents of Bill of Lading
  1. The bill of lading must include the following items, among other things:
  (a) The category of the goods, the main signs necessary to identify the goods, such as dangerous goods, a clear description of the dangerous characteristics of the goods, the number of packages or pieces, the weight of the goods or the quantity expressed in other ways, etc., all of which are provided by the shipper;
  (b) the appearance of the goods;
  (c) The name and principal place of business of the carrier;
  (d) the name of the shipper;
  (e) If the shipper designates the consignee, the name of the consignee;
  (f) The port of loading stipulated in the contract of carriage by sea and the date when the carrier takes over the goods at the port of loading;
  (g) the port of discharge stipulated in the contract of carriage by sea;
  (h) If there is more than one original bill of lading, specify the number of original bills of lading;
  (i) the place of issue of the bill of lading;
  (j) The signature of the carrier or its representative;
  (k) The amount of freight payable by the consignee or other explanations of freight paid by the consignee;
  (l) The declaration referred to in article 23, paragraph 3;
  (m) In the case of deck cargo, a statement that the cargo should or can be transported on deck;
  (n) If expressly agreed by both parties, the date or time limit for delivery of the goods at the port of discharge shall be specified; and
  (o) Any increased liability limit agreed in accordance with Article 6, paragraph 4.
  2. After the goods are loaded, the carrier must issue a "loaded" bill of lading to the shipper if the shipper so requests. In addition to the items specified in paragraph 1 of this article, the bill of lading must also indicate that the goods have been loaded on one or more designated ships and one or more loading dates. If the carrier has previously issued a bill of lading or other documents of title to the shipper on any part of the goods, the shipper must return such documents in exchange for the "on board" bill of lading at the request of the carrier. In order to meet the shipper’s requirements for the "on board" bill of lading, the carrier may modify any previously issued documents, but the modified documents shall include all the items required in the "on board" bill of lading.
  3. The lack of one or more of the items specified in this article does not affect the legal nature of the document as a bill of lading, but the document must meet the requirements specified in Article 1, paragraph 7.

  Article 16 Bill of Lading: Reservation and Evidence Effect
  1. If the carrier or other person who issues the bill of lading on his behalf knows or has reasonable grounds to suspect that the items contained in the bill of lading, such as the category, main marks, number of packages or pieces, weight or quantity, do not accurately represent the goods actually taken over, or in the case of issuing the "on board" bill of lading, do not accurately represent the goods actually shipped, or he has no proper method to check these items, the carrier or other person must make a reservation on the bill of lading, indicating.
  2. If the carrier or other person who issues the bill of lading on his behalf fails to annotate the appearance of the goods on the bill of lading, it shall be deemed that he has indicated that the goods are in good appearance on the bill of lading.
  3. In addition to the reservation of permission for the relevant project and its scope according to the provisions of paragraph 1 of this article:
  (a) The bill of lading is prima facie evidence that the carrier takes over or, if a "on board" bill of lading is issued, loads the goods described in the bill of lading;
  (b) If the bill of lading has been transferred to a third party, including the consignee, who believes in the description of the goods in the bill of lading and acts accordingly, the carrier will not accept the evidence to the contrary.
  4. If the bill of lading fails to specify the freight or otherwise state that the freight is paid by the consignee or that the demurrage incurred at the loading port is paid by the consignee in accordance with Article 15, paragraph 1 (k), the bill of lading is prima facie evidence that the consignee does not pay the freight or demurrage. If the bill of lading has been transferred to a third party, including the consignee, who believes that there is no such statement on the bill of lading, the evidence to the contrary presented by the carrier will not be accepted.

  Article 17 the shipper’s warranty
  1. The shipper shall be deemed to have assured the carrier that the category, mark, number of pieces, weight and quantity of the goods listed in the bill of lading provided by him are correct. The shipper must compensate the carrier for the losses caused by the inaccuracy of these items. Even if the shipper has transferred the bill of lading, he is still liable for compensation. This right of compensation obtained by the carrier will in no way reduce his liability for compensation to anyone other than the shipper under the contract of carriage by sea.
  2. Any letter of guarantee or agreement under which the shipper guarantees to compensate the carrier for the losses caused by issuing the bill of lading because the carrier or its representative fails to provide the consignor with comments and reservations on the items or the appearance of the goods included in the bill of lading is invalid for any third party, including the consignee.
  3. This letter of guarantee or agreement is valid for the shipper, unless the carrier or his representative does not endorse the reservation referred to in paragraph 2 of this article as intentional fraud, and a third party, including the consignee, believes in the description of the goods in the bill of lading. In the latter case, if the unmarked reservation is related to the items provided by the shipper for inclusion in the bill of lading, the carrier has no right to demand compensation from the shipper in accordance with paragraph 1 of this article.
  4. In case of intentional fraud referred to in paragraph 3 of this article, the carrier shall not enjoy the benefit of the limitation of liability stipulated in this Convention, and shall be liable for the losses suffered by the third party, including the consignee, who acted because of believing the description of the goods contained in the bill of lading.

  Article 18 Documents other than bills of lading
  If the carrier issues a document other than the bill of lading to prove the receipt of the goods to be shipped, the document is the preliminary evidence of the conclusion of the contract of carriage by sea and the carrier’s taking over the goods described in the document.

  Part V Claims and Litigation

  Article 19 Notice of loss, damage or delay in delivery
  1. Unless the consignee sends a written notice of loss or damage to the carrier not later than the first working day after the date when the goods are handed over to him, stating the general nature of the loss or damage, such handover shall be regarded as the prima facie evidence of the carrier’s delivery of the goods described in the transport document or, if no such document is issued, as the prima facie evidence of the delivery of the goods in good condition.
  2. In case of inconspicuous loss or damage: if the written notice is not sent within fifteen consecutive days after the goods are delivered to the consignee, the provisions in paragraph 1 of this article shall apply accordingly.
  3. If the condition of the goods has been jointly inspected or inspected by the parties at the time of delivery to the consignee, there is no need to send a written notice on the loss or damage identified in the inspection or inspection.
  In case of any actual or unexpected loss or loss, the carrier and the consignee must provide all reasonable facilities for each other to inspect and count the goods.
  5. Unless the carrier is notified in writing within 60 consecutive days after the goods are delivered to the consignee, no compensation will be paid for the losses caused by the delayed delivery.
  6. If the goods are delivered by the actual carrier, any notice given to him according to this article has the same effect as that given to the carrier, and similarly, any notice given to the carrier has the same effect as that given to the actual carrier.
  7. Unless the carrier or the actual carrier sends a written notice of the loss or damage to the shipper not later than the occurrence of the loss or damage accident or within 90 consecutive days after the delivery of the goods in accordance with Article 4, paragraph 2, whichever occurs later, stating the general nature of such loss or damage, the failure to submit such notice is prima facie evidence that the carrier or the actual carrier has not suffered loss or damage due to the fault or negligence of the shipper or its servants or agents.
  8. For the purposes of this article, a notice shall be deemed to have been delivered to the carrier, the actual carrier or the shipper respectively if it is delivered to the person acting on behalf of the carrier or the actual carrier, including the master or the officer in charge of the ship, or to the person acting on behalf of the shipper.

  Article 20 Limitation of action
  1. Any litigation concerning the carriage of goods in accordance with this Convention shall be time-barred if judicial or arbitration proceedings are not instituted within two years.
  2. The limitation period starts from the date when the carrier delivers the goods or part of the goods. If the goods are not delivered, it starts from the last day when the goods should be delivered.
  3. The starting date of the limitation period is not counted in the period.
  4. The person against whom compensation is claimed may, at any time within the limitation period, submit a written explanation to the claimant to extend the limitation period. This time limit may be further extended by another statement or statements.
  5. If the lawsuit is filed within the time permitted by the national laws of all countries where the lawsuit is filed, the person liable for compensation may file a lawsuit for compensation even after the expiration of the limitation period stipulated in the above paragraphs. However, the time allowed shall not be less than 90 days from the date when the person who initiated the claim lawsuit has settled his compensation or the summons filed by himself has been delivered.

  Article 21 Jurisdiction
  1. According to the provisions of this Convention, the plaintiff may choose to bring a lawsuit in such a court, which has jurisdiction according to the laws of the country where the court is located, and one of the following places is located within the jurisdiction of the court:
  (a) The defendant’s principal place of business or, if there is no principal place of business, his usual residence; or
  (b) the place where the contract was concluded, provided that the contract was concluded through the defendant’s business office, branch or agency there; or
  (c) Port of loading or port of discharge; or
  (d) Any other place designated for this purpose in the contract of carriage by sea.
  2. (a) Notwithstanding the above provisions of this Article, if a ship carrying cargo or any other ship belonging to the same owner is detained in any port or place of a Contracting State in accordance with the applicable legal rules of that country and the rules of international law, a lawsuit may be brought in the court of that port or place. However, in this case, upon the request of the defendant, the plaintiff must transfer the lawsuit to one of the competent courts referred to in paragraph 1 of this article selected by the plaintiff to make a judgment on the claim. However, before the lawsuit is transferred, the defendant must provide sufficient deposit to ensure the payment of the amount that may be finally awarded to the plaintiff in the lawsuit.
  (b) All questions concerning the adequacy of the security deposit shall be decided by the court of the port or place of detention.
  3. All legal proceedings concerning the carriage of goods in accordance with this Convention shall not be brought at a place not specified in paragraphs 1 or 2 of this article. The provisions of this paragraph are without prejudice to the jurisdiction of States parties to take temporary or protective measures.
  4. (a) If a lawsuit has been filed in a court that has jurisdiction according to paragraph 1 or 2 of this article, or a judgment has been made by such a court, a new lawsuit may not be filed between the same parties for the same reason, unless the judgment of the court that handled the first lawsuit cannot be enforced in the country where the new lawsuit is filed;
  (b) For the purposes of this article, measures taken to enforce the judgment shall not be regarded as bringing new proceedings;
  (c) For the purposes of this article, the transfer of proceedings to another court in the same country or to a court in another country in accordance with paragraph 2 (a) of this article shall not be regarded as the institution of new proceedings.
  5. Notwithstanding the provisions of the above paragraphs, after the claim is filed in accordance with the contract of carriage by sea, the agreement reached by the parties to designate the place where the claimant can bring an action shall be valid.

  Article 22 Arbitration
  1. In accordance with the provisions of this Article, the parties may agree in writing that any dispute concerning the carriage of goods that may arise under this Convention shall be submitted to arbitration.
  2. If the charter party contains a clause that disputes arising from the contract shall be submitted for arbitration, and the bill of lading issued under the charter party does not specifically indicate that this clause is binding on the holder of the bill of lading, the carrier shall not invoke this clause against the holder of the bill of lading who believes in the bill of lading.
  3. The plaintiff may choose to initiate arbitration proceedings in one of the following places:
  (a) At a certain place in a country, there should be:
  (i) The defendant’s principal place of business or, if there is no principal place of business, his usual residence; or
  (ii) the place where the contract was signed, provided that the contract was concluded through the defendant’s business office, branch or agency there; or
  (iii) Port of loading or port of discharge; or
  (b) Any place designated for this purpose in the arbitration clause or agreement.
  4. Arbitrators or arbitral tribunals shall apply the rules of this Convention.
  5. The provisions in paragraphs 3 and 4 of this article shall be regarded as part of each arbitration clause or agreement, and any provisions in the arbitration clause or agreement that are inconsistent with these two paragraphs shall be null and void.
  6. Nothing in this article shall affect the validity of the relevant arbitration agreement concluded by the parties after the claim is filed in accordance with the contract of carriage by sea.

  Part VI Supplementary Provisions

  Article 23 contract terms
  1. Any clause in the contract of carriage by sea, bill of lading or any other document evidencing the contract of carriage by sea shall be null and void to the extent that it directly or indirectly violates the provisions of this Convention. The invalidity of such clauses shall not affect the validity of the provisions as other parts of the contract or document. A clause transferring the insurable interest of the goods to the carrier, or any similar clause, is null and void.
  2. Notwithstanding the provisions of paragraph 1 of this article, the carrier may increase his responsibilities and obligations stipulated in this Convention.
  3. When issuing the bill of lading or any other document evidencing the contract of carriage by sea, it must contain a statement that the carriage complies with the provisions of this Convention, and any clause that deviates from this Convention and is harmful to the shipper or consignee shall be null and void.
  4. If the claimant of the goods concerned suffers losses due to this clause invalidating a contract clause or omitting the statement referred to in paragraph 3 of this article, in order to compensate the claimant, the carrier must stipulate the compensation within the required limit for any loss or damage of the goods and delay in delivery and payment in accordance with this Convention. In addition, the carrier must compensate the claimant for the expenses incurred in exercising his rights, but the expenses incurred in the lawsuit invoking the above provisions shall be determined in accordance with the laws of the country where the lawsuit is filed.

  Article 24 General average
  1. The provisions of this Convention shall not prejudice the application of the provisions on general average adjustment in the contract of carriage by sea or national laws.
  2. In addition to Article 20, the provisions of this Convention on the carrier’s liability for loss of or damage to the goods also determine whether the consignee can refuse to contribute in general average and the carrier’s liability for any such contribution or salvage charges paid by the consignee.

  Article 25 Other Conventions
  1. This Convention shall not change the rights or obligations of the carrier, the actual carrier and their servants and agents as stipulated in international conventions or national laws on the limitation of liability of maritime shipowners.
  2. The provisions of Articles 21 and 22 of this Convention shall not prevent the application of the mandatory provisions of any other multilateral convention that has entered into force on the date of conclusion of this Convention, provided that the dispute completely occurs between parties whose principal places of business are in contracting countries of such other conventions. However, this paragraph shall not affect the application of paragraph 4 of Article 22 of this Convention.
  3. The damage caused by a nuclear accident shall not be liable for compensation according to the provisions of this Convention, if the operator of the nuclear device is liable for the damage according to the following provisions:
  (a) According to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of July 29th, 1960 as amended by the Additional Protocol of January 28th, 1964 or the Vienna Convention on Civil Liability for Nuclear Damage of May 21st, 1963, or
  (b) according to the national laws that provide for compensation for such damage, provided that such laws are as beneficial to the person who may suffer damage in all aspects as the Paris Convention or the Vienna Convention.
  4. If the carrier is liable for any loss, damage or delay in delivery of the luggage according to any international convention or national laws concerning the carriage of passengers and their luggage by sea, no liability will occur according to the provisions of this Convention.
  5. The provisions of this Convention shall not prevent the Contracting States from applying any other international convention that has entered into force on the date of the conclusion of this Convention, which is compulsorily applicable to contracts of carriage of goods whose main mode of transport is not maritime transport. This provision also applies to any subsequent revision or modification of this international convention.

  Article 26 Accounting unit
  1. The unit of account referred to in Article 6 of this Convention is the special drawing right stipulated by the International Monetary Fund. The amount mentioned in Article 6 shall be converted into the domestic currency according to the value of the national currency on the judgment date or the date agreed by the parties. Where a State Party to this Convention is a member of the International Monetary Fund, the value of its domestic currency expressed in special drawing rights shall be calculated according to the fixed value method applied in the business and transactions of the International Goods Fund on the above date. The value of the national currency expressed by special drawing rights in a country that is not a member of the International Monetary Fund shall be calculated according to the method decided by that country.
  2. However, a country that is not a member of the International Monetary Fund and whose laws do not allow the application of the provisions of paragraph 1 of this article may declare at the time of signature, or at the time of ratification, acceptance, approval or accession, or at any time thereafter that the limitation of liability stipulated in this Convention is applicable within its territory, and it shall be determined as follows:
  12,500 currency units per package of goods or other freight units, or 37.5 currency units per kilogram of gross weight of goods.
  3. The monetary unit referred to in paragraph 2 of this article is equal to 65.5 milligrams of gold with a purity of 900%. When converting the amount referred to in paragraph 2 into the national currency, it shall be handled in accordance with the laws of that country.
  4. The calculation mentioned in the last sentence of paragraph 1 of this article and the conversion mentioned in paragraph 3 of this article shall be carried out in such a way that the actual value of the amount expressed in the currency of a Contracting State is the same as that expressed in the unit of account in Article 6 as far as possible. When signing, or when depositing their instruments of ratification, acceptance, approval and accession, or when making use of the options provided for in paragraph 2 of this article, and when there is a change in the calculation method or the conversion result, a Contracting State must, as the case may be, notify the depositary of the Convention of the calculation method decided in accordance with paragraph 1 of this article or the conversion result mentioned in paragraph 3 of this article.

  Part VII Final Clauses
  Article 27 Custodian
  The Secretary-General of the United Nations is hereby designated as the depositary of this Convention.

  Article 28 Signature, ratification, acceptance, approval and accession
  1. This Convention is open to all countries for signature at the United Nations Headquarters in new york before April 30th, 1979.
  2. This Convention is subject to ratification, acceptance or approval by signatory States.
  3. After April 30th, 1979, this Convention is open to all countries that are not signatories for accession.
  4. The instruments of ratification, acceptance, approval and accession shall be kept by the Secretary-General of the United Nations.

  Article 29 Reservations
  No reservations shall be made to this convention.

  Article 30 comes into force
  1. This Convention shall enter into force on the first day of the month following the expiration of one year from the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession.
  2. For each country that becomes a contracting party to this Convention after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the month following the expiration of one year from the date of deposit of the corresponding documents by that country.
  3. Each Contracting State shall apply the provisions of this Convention to contracts of carriage by sea signed on or after the date of entry into force of this Convention for that State.

  Article 31 Withdrawal from other conventions
  1. When becoming a contracting party to this Convention, all contracting parties to the International Convention for the Unification of Certain Rules on Bills of Lading (1924 Convention) signed in Brussels on August 25th, 1924 must notify the Belgian government as the depositary of the 1924 Convention to withdraw from the Convention, and declare that the withdrawal will take effect as of the date when this Convention comes into effect for that country.
  2. According to Article 30, paragraph 1, when this Convention enters into force, the depositary of this Convention must notify the Belgian Government, the depositary of the 1924 Convention, of the date of entry into force and the names of the contracting States for which this Convention enters into force.
  3. The provisions of paragraphs 1 and 2 of this article shall be applicable to the contracting States of the Protocol amending the International Convention for the Unification of Certain Rules on Bills of Lading signed in Brussels on August 25th, 1924 on February 23rd, 1968.
  4. Notwithstanding the provisions of Article 2 of this Convention, as far as paragraph 1 of this article is concerned, a Contracting State may, if it deems it necessary, postpone its withdrawal from the 1924 Convention and the 1924 Convention as amended by the 1968 Protocol for a maximum period of five years from the date of entry into force of this Convention, in which case it shall notify the Belgian government of its intention. During this transitional period, the State Party must apply this Convention to other States Parties, but not to any other conventions.

  Article 32 Revision and revision
  1. At the request of not less than one third of the States parties to this Convention, the depositary shall convene a meeting of the States parties to revise or modify this Convention.
  2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of the amendment to this Convention shall be deemed to be applicable to this Convention as amended.

  Article 33 Revision of quota and accounting unit or monetary unit
  1. Notwithstanding the provisions of Article 32, the depository shall, in accordance with the provisions of Paragraph 2 of this Article, convene a meeting specifically for the purpose of amending the amounts specified in Article 6 and Paragraph 2 of Article 26 or replacing two or one of the units specified in Paragraphs 1 and 3 of Article 26 with other units. Only when the actual value of the amount has changed significantly can it be revised.
  2. At the request of not less than one quarter of the Contracting States, the depositary shall convene an amendment conference.
  3. Any decision of the conference must be made by a two-thirds majority of the participating countries. The amendment shall be sent by the depositary to all States parties for acceptance and notified to all signatories to the Convention.
  4. Any amendment adopted shall enter into force on the first day of the month following the expiration of one year from the date when it is accepted by two thirds of the States parties. When accepting an amendment, an official document expressing acceptance shall be deposited with the custodian.
  5. After the amendment comes into force, the Contracting State that accepts the amendment has the right to apply the revised convention in its relations with the Contracting State that has not notified the depositary that it is not bound by the amendment within six months after the adoption of the amendment.
  6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of the amendment to this Convention shall be deemed to apply to the amended Convention.

  Article 34 Withdrawal
  1. A Contracting State may denounce this Convention at any time by written notification to the Depositary.
  2. Denunciation of this Convention shall take effect on the first day of the month following the expiration of one year from the date when the depositary receives the notification. If a longer period is specified in the notice, the denunciation of this Convention shall take effect upon the expiration of the longer period after the depositary receives the notice.
  Done at Hamburg on March 31st, 1978 in one original. Its Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic.
  In witness whereof, the following plenipotentiaries, duly authorized by their governments, have signed this Convention.
   Common understanding adopted by the United Nations Conference on the Transport of Goods by Sea
  We have reached the following common understanding: According to this Convention, the carrier’s liability is based on the principle of presumption of fault or negligence. In other words, the carrier usually bears the burden of proof, but in some cases, the provisions of the convention will change this rule.
   Resolutions adopted by the United Nations Conference on the Transport of Goods by Sea
  "United Nations Conference on the Transport of Goods by Sea,
  "Noting with gratitude the kind invitation of the Federal Republic of Germany to hold a meeting in Hamburg,
  "Recognizing that the facilities provided to the Conference by the Government of the Federal Republic of Germany and the Free and Hanseatic City of Hamburg and the warm hospitality extended to the participants have contributed greatly to the success of the Conference,
  "Thanks to the Government and people of the Federal Republic of Germany,
  "At the request of the United Nations Conference on Trade and Development, the Convention on the Carriage of Goods by Sea was adopted on the basis of the draft convention prepared by the United Nations Commission on International Trade Law.
  "Thanks to the United Nations Commission on International Trade Law and the United Nations Conference on Trade and Development for their outstanding contributions to the simplification and harmonization of the laws governing the carriage of goods by sea,
  "Decided to name the convention adopted by the conference as’ 1978 United Nations Convention on the Carriage of Goods by Sea’,
  "It is suggested that the rules contained in this Convention be called’ Hamburg Rules’."

Head of the WHO expert group visiting China: China’s anti-epidemic approach can be replicated, but it needs speed, capital, imagination and political courage.

  The picture was taken from The New York Times and the character was Bruce Aylward.

  On March 4th, local time, The New York Times, USA published an interview with Bruce Aylward, head of the WHO expert group visiting China. Aylward introduced what he learned during his trip to China.

  When asked whether the number of cases in China is really decreasing, Aylward said frankly, "I know some people doubt it.". He said that everywhere he visited, he said that compared with the peak of the epidemic in China, the situation was very different. Before that, about 46,000 people asked for testing every day, but when he left China, this number dropped to about 13,000 people every day.

  One of the shelter hospitals in Wuhan, source: China Daily.

  "I don’t see any signs of manipulating the data." Aylward further responded: "The epidemic has stabilized and the progress is faster than expected."

  He also said: "China’s strict prevention and control measures have saved hundreds of thousands of Chinese from infection.".

  Aylward compared the differences between China and the United States in epidemic detection: in hospitals in China, each CT machine performs about 200 scans a day, and each scan takes about 5-10 minutes. In western countries, a hospital scans about 1-2 times per hour.

  China shortened the time of PCR test to four hours, and not long ago, when completing the same test, the United States still needed to send all samples to the designated location in Atlanta.

  In view of the problem of treatment cost that the American people are generally concerned about, Aylward also made a comparison: the China administration made it clear that the test is free. After the medical insurance of the diagnosed patient is full, the state will bear all the treatment expenses.

  In contrast, Aylward believes that the current health care system in the United States "has speed obstacles". The high cost of testing and treatment has caused many people to delay treatment because of hesitation, which is also very unfavorable for preventing and controlling the further spread of the epidemic.

  In addition, Aylward also mentioned other prevention and control measures in China, such as home isolation, "closing the city" and closing schools.

  At the end of the interview, a reporter from The New York Times asked: "Isn’t all this impossible in the United States?" "Isn’t China able to do this because it is an authoritarian country?"

  The picture was taken from The New York Times.

  Aylward responded to this kind of statement: "(Some Western) journalists will say that people cooperate with prevention and control measures out of fear of the government, and the China government is like a demon that will breathe fire and swallow babies." But I have also talked with many people outside the system — — In hotels, trains, and streets.

  Aylward said that China’s preparations for the epidemic are nationwide. "People have such a strong belief: ‘ We must help Wuhan ’ , not ‘ Wuhan has brought us to this point ’ . Other provinces sent 40,000 medical workers, many of whom volunteered. "

  "They are mobilized like a war, and what drives them is the fear of the virus. They believe that they are standing on the front line and believe that their actions are defending other parts of China and the whole world. "

1989

  Awarded the young scientist award

  In order to reward young scientific researchers who have made outstanding achievements in scientific research, the Academy of Sciences decided to establish the Young Scientist Award. According to the Provisional Regulations on Youth Science Awards of China Academy of Sciences published on March 29th, since 1989, this award has been selected once every two years, with 5 first prizes and 20 second prizes selected each time. Among them, the first prize is regardless of discipline; In the second prize, there are 7 in mathematics and physics, 4 in biological science and agriculture, 4 in geoscience and 5 in technical science. According to the regulations, the qualifications of the candidates for the first and second prizes are: (1) scientific researchers of China Academy of Sciences who are under 40 years old (those who have made special contributions are not more than 45 years old), who have made major discoveries or put forward new academic ideas in scientific research activities, been highly praised by the academic circles after being published in important international academic conferences or authoritative magazines, or have made major inventions, solved key problems in economic construction or social development, and achieved obvious economic or social benefits; (2) Those under the age of 35 who have made outstanding creative achievements or published academic papers with important scientific significance. Candidates are recommended by the unit, selected by the Young Scientist Award Evaluation Committee, and finally approved and issued by the Dean. Winners enjoy honorary certificates and bonuses of corresponding prizes; The research project of the award-winning personnel can be given priority to receive a one-time special research funding of 100 thousand yuan; Winners are not limited by the number of years of service, and can be promoted to professional and technical positions without exception; Within five years after winning the prize, provide the winner with an opportunity to study abroad for one year at public expense.Can provide them with 1-2 times to participate in international academic conferences; Priority should be given to solving the problems such as the housing corresponding to the winners’ positions, and the moving of spouses and children.

  1989年首届中国科学院青年科学家奖,于12月8日公告,共有21位青年科学家获奖,其中一等奖4名,二等奖17名。中共中央总书记江泽民同获奖青年科学家进行了座谈。

  合肥同步辐射装置建成出光

  4月26日凌晨,合肥国家同步辐射实验室的专用同步辐射装置成功产生同步辐射光。这是继北京正负电子对撞机之后,中国高科技领域的又一重大成就。

  合肥同步辐射加速器是中国第一个专用同步辐射光源,它的主体是一台800Mev的电子储存环和一台200Mev直线加速器作为注入器;围绕电子储存环有光电子能谱光束线、软X射线光刻光束线、时间分辨光谱光束线、光化学光束线以和软X射线显微光束线以及分别与它们相匹配的实验站。该装置可以提供从红外、可见光、真空紫外到软X射线的具有频谱宽且平滑连续的同步辐射光源,具有可准确计算、强度高、方向性好、亮度高、偏振、有脉冲时间结构、洁净等诸多优点。这种具有一系列优良特性的波谱,在物理学、化学、生物学等基础科学方面,以及在材料科学、表面科学、计量科学、医学、显微技术、超大规模集成电路光刻等技术领域,有广泛的用途。获1995年国家科技进步奖一等奖。

  Promulgate measures for the administration of open laboratories

  China Academy of Sciences took the lead in establishing an open laboratory in China in 1985. By 1989, there were 63 open laboratories, 2 open research institutes and 8 open field experimental stations in the whole hospital. In the construction of open laboratory, the policy of "openness, mobility and union" is put forward. It has formed a new operating mechanism and management system, such as the competitive elimination mechanism of regular inspection and comments, and accumulated some experience in the past few years. In order to make the open laboratory run and develop healthily, on April 17th, 1989, the president’s office meeting passed the Administrative Measures for the Open Research Laboratory of China Academy of Sciences.

  The Academy of Sciences has set up a special fund for open laboratories, which are mainly engaged in basic research and applied research. Scholars at home and abroad can go to the laboratory for scientific research after approval, and can also be employed to participate in cooperative research. Introduce competition mechanism, and implement the system of preferential support and elimination through regular inspection and evaluation; Organize inspection and evaluation every three years, publish the results of inspection and evaluation instrument, and adjust and update 15% of open laboratories according to disciplines. Encourage laboratories with basic conditions to start opening at their own expense according to the conditions of opening laboratories. After three years of practice, they will participate in the unified appraisal of the whole hospital, and the advanced ones will join the competition of the open laboratory fund of the hospital.

  In terms of organization and management, the open laboratory is a relatively independent scientific research entity under the leadership of the institute, which is open to domestic and foreign countries; Establish an academic committee as an academic accreditation body; The office director responsibility system is implemented, and the office director is selected by the dean from domestic and foreign scientists for a term of three years; The fixed staff of the laboratory can only account for about 1/3 of the researchers that can be accommodated in the laboratory, and 2/3 should be mobile objective researchers. The full-time management staff only has one academic secretary and one administrative secretary, and the fixed staff is appointed for three years. The funds for opening the laboratory shall be accounted for separately in the institute’s finance, which shall be arranged by the director of the laboratory as a whole and accounted for according to the subject.

  Beijing 35 MeV Proton Linear Accelerator Built

  On May 15th, the Beijing 35MeV proton linac designed and built by the Institute of High Energy Physics passed the expert appraisal. This equipment integrates cutting-edge technologies in many fields, such as high voltage, high vacuum, ultra-high frequency, precision machinery, electronics, high-precision optical measurement and electromagnetic measurement, computer and automatic control. The proton energy beam is 35MeV, the maximum pulse current intensity is 60mA, and the beam pulse width is 100 μ s.. It is mainly used in the preparation of short-lived isotopes in medicine and the research of neutron therapy for cancer. Most important short-lived fast neutron isotopes in nuclear medicine, such as carbon -11, fluorine -18, gallium -67, iodine -123 and thallium -201, can be produced on the isotope preparation device of this accelerator. The accelerator’s fast neutron generation system, treatment positioning system, neutron dose testing system and automatic control system constitute the first strong neutron cancer treatment device in China. In addition, it can also provide proton beams for nuclear physics and nuclear chemistry experiments.

  Beijing 35MeV proton linear accelerator has been running normally after its completion, and has achieved many important research results, and was awarded the first prize of the 1991 National Science and Technology Progress Award.

  Set up a scientific publishing fund

  China Academy of Sciences has decided to set up a scientific publishing fund from 1990, with an annual allocation of 3 million yuan to support the publication of excellent and important scientific books and periodicals. On May 25th, this year, the Trial Regulations of Science Publishing Fund of Chinese Academy of Sciences was promulgated to the whole country. The "Regulations" stipulate that the fund shall face the whole country and implement the principle of fair competition and merit-based support. Set up an expert committee of the Scientific Publishing Fund of the Chinese Academy of Sciences, which is composed of famous domestic scientists and editing and publishing experts, to manage the fund; The office of the Committee is located in Science Press. At the same time, it is also stipulated that the fund will raise donations through multiple channels and accept donations from home and abroad.

  The Committee of Experts on the Science Publishing Fund of the Chinese Academy of Sciences deliberated and adopted the Detailed Rules for the Implementation of the Trial Regulations on the Science Publishing Fund of the Chinese Academy of Sciences, the Measures for the Application of the Science Publishing Fund of the Chinese Academy of Sciences, the Regulations on the Organization of the Professional Group of the Expert Committee on the Science Publishing Fund of the Chinese Academy of Sciences and the list of members of the professional group.

  According to the above-mentioned documents, the Science Publishing Fund of Chinese Academy of Sciences is mainly used to finance the publication of high-level excellent and important scientific books and periodicals in natural science and technical science; All the projects that are funded by the Science Publishing Fund, all regions and departments in China, overseas Chinese and Chinese scientists and technicians can submit written applications to the Office of the Expert Committee of the Science Publishing Fund, and the Office of the Science Publishing Fund is determined according to the prescribed evaluation procedures, adhering to the principles of relying on experts, fully developing academic democracy, fair competition and merit-based support. Priority will be given to young workers.

  Establish a dean scholarship

  In order to encourage graduate students to make progress, it was decided to set up the Dean’s Scholarship, and the Regulations on the Dean’s Scholarship of China Academy of Sciences was promulgated on June 22nd.

  China Academy of Sciences Dean Scholarship is the highest award for graduate education; Scholarships are divided into two types: special awards and excellent awards, which are selected once a year, including no more than 10 special awards and about 150 excellent awards. The conditions for the Excellence Award are that graduate students have excellent academic performance, strong scientific research ability, remarkable scientific research achievements, theoretical innovation or development, and published high-level papers in international and domestic first-class academic journals during their study; Innovating in technology, achieving good economic or social benefits, participating in major scientific research projects and making great contributions. The conditions of the special prize are that the graduate students are particularly outstanding in their studies, have made great inventions during their studies, have made innovations or developments in theory, have important academic value, can promote the development of their disciplines and majors, have made great breakthroughs in technology, have achieved remarkable economic or social benefits, or have made significant contributions in other aspects. The first batch of Dean’s Scholarships were selected by the Academic Degrees Committee and announced on the eve of the National Day. There were 9 winners of special prizes and 136 winners of excellent prizes.

  Publish the emblem of the college

  At the beginning of 1987, it was decided to make the emblem of China Academy of Sciences, and on July 18, 1987, the emblem pattern was collected from inside and outside the academy. After nearly two years of extensive collection of drawings, repeated listening to opinions from all sides, and expert evaluation, it was finally approved by the president’s office meeting, and the Notice on Publishing the emblem pattern was officially issued on October 27, 1989.

  The emblem of China Academy of Sciences is round, with the words "China Academy of Sciences" on the outer ring, with the handwriting of Guo Moruo, the first president, above it and English below. Inside the ring is a material structure pattern composed of six crystals, which symbolizes the integration and combination of six disciplines: mathematics, physics, culture, heaven, earth and life. There is a gear in the middle, which symbolizes technical science. The meaning of the whole design is to give full play to the role of the Natural Science Research Center of China Academy of Sciences and promote the progress of national science and technology. The six crystals in the outer ring and inner ring of the emblem and the dot in the middle are peacock blue; The Chinese and foreign characters of China Academy of Sciences and the parts outside the crystal in the ring are white; The edges and six decorative points in the middle of the pattern are silver.

  Beijing Lenovo Computer Group Corporation was formally established.

  Beijing Lenovo Computer Group Corporation was formally established on November 14th. Its predecessor was the Computing Company of Chinese Academy of Sciences, which was founded in November 1984. At the beginning, there were only 11 staff members and 200,000 yuan of start-up funds. They started with the development, production and promotion of Lenovo Chinese character system, and after five years of hard work, they developed into a first-class export-oriented computer industry group integrating technology, industry, trade and information services in China. By November 1989, there were more than 700 employees at home and abroad, 17 subsidiaries, 2 research centers, 3 production bases, 1 training center and 31 maintenance stations all over the country. The company insists on researching, developing, producing and managing its own computer high-tech products and creating social and economic benefits, and has successfully transformed 126 high-tech achievements into products urgently needed by the market. The company’s self-made products and one-time development products account for more than 80% of the total turnover. Lenovo 286 microcomputer, newly introduced in 1989, was sold in large quantities to more than 30 countries and regions such as the United States, Canada, Europe and Southeast Asia. In Beijing New Technology Development Experimental Zone, Lenovo has the largest number of fist products, and its development benefit ranks first.

  Hold a meeting on foreign affairs to sum up ten years’ work.

  From December 21st to 23rd, a conference on foreign affairs was held in Beijing to summarize the foreign affairs of China Academy of Sciences in the past ten years of reform and opening up.

  In the past ten years, China Academy of Sciences has implemented the policy of opening to the outside world, made great efforts to strengthen international cooperation and exchanges, and carried out extensive official, non-governmental, bilateral and multilateral cooperation and exchanges, forming a multi-level, multi-channel, multi-form and all-round international cooperation situation. The meeting held that extensive international cooperation and exchanges have promoted the development of China Academy of Sciences in several aspects: (1) A number of high-level achievements have been made. For example, the completion of large-scale scientific research projects such as Beijing Electron Positron Collider, Lanzhou Heavy Ion Accelerator and Synchrotron Radiation Accelerator, as well as the introduction and completion of remote sensing satellite ground stations, have all been achieved through international cooperation; (2) Accelerating the training of talents. In the past ten years, more than 12,000 researchers at different levels have been sent abroad through various channels, such as studying abroad, attending international conferences, short-term training, and long-term cooperative research. Holding a variety of international academic conferences and inviting foreign experts to give lectures in the hospital are also important ways to train talents; (3) Expanded the influence of China Academy of Sciences in the international scientific community. There are more than 100 scientists in the hospital who hold various positions in international organizations, some of whom hold major leadership positions in relevant organizations; (4) It has opened up a channel for the technical products of China Academy of Sciences to enter the international market and participate in international competition. For example, BBO crystal from Fujian Institute of Physics, BGO crystal from Shanghai Silicic Acid Pipe Institute and NdFeB permanent magnet materials from Sanhuan Company have all entered the international market through international cooperation.

  In order to further expand international cooperation and exchanges, the meeting also discussed and revised a number of management measures.

  The Department of Technology submitted six special consultation reports to the State Council.

  On December 26th-30th, the Department of Technology held an enlarged meeting of all members to discuss and consider six special consultation reports prepared by relevant experts organized by the Department: (1) Suggestions on the trial open recruitment of academic leaders in key engineering colleges; (2) Suggestions on developing the raw material route of China’s iron and steel industry; (3) On China’s energy development strategy with electricity as the center; (4) Suggestions on reasonable communication structure; (5) Research on promoting the virtuous circle of computer development in China; (6) Suggestions on promoting China’s integrated circuit industry to enter a virtuous circle. After deliberation, it was submitted to the State Council.

  On January 3, 1990, China Academy of Sciences received the instructions from Premier Li Peng on the above-mentioned consultation report: "Please send the six special reports of the Academy of Sciences to the Planning Commission and relevant departments for study and discussion, and adopt them appropriately in the Eighth Five-Year Plan". The General Office of the State Council sent letters to Wang Daheng and Shi Changxu, directors of the Department of Technology, thanking them for their great enthusiasm for making meaningful suggestions to the government, and through them thanking the scientists and scientific and technological workers who compiled these reports.

  Establish a Committee of Subject Experts

  In order to promote the scientific and democratic macro-decision-making in discipline development and scientific research management, China Academy of Sciences set up six discipline expert committees in 1989, namely, mathematical mechanics, astronomy, physics, chemistry and chemical engineering, earth science, resource and environmental science, biology and technical science, announced the members of each Committee, and issued the Work Regulations of the Discipline Expert Committee of China Academy of Sciences.

  The "Regulations" stipulate that the subject expert committee is an academic permanent institution, consisting of about 10 experts in the subject, with 1 director and 1-2 deputy directors. Members are appointed by the relevant professional bureaus for a term of two years. The main duties of the discipline expert committee are: to study and discuss the development trends and trends of this discipline, especially to pay attention to the trends of frontier fields, interdisciplinary and comprehensive fields; Put forward opinions on the development direction, priority areas and major scientific research projects (topics) of this discipline; Close contact with the majority of scientific and technological personnel, listen to various opinions, and reflect them to the relevant bureaus of the hospital through various means; Pay attention to the growth of scientific and technological talents and make suggestions on training and selecting outstanding young scientists and academic leaders. After the establishment of the discipline expert committee, it has been playing an important role in making discipline development plans, strategic research and determining the key scientific research plans and major scientific research projects of the Institute.

  Development of polypropylene grade polypropylene resin

  Among the five varieties of chemical fibers, namely polyester, nylon, polypropylene, acrylic and vinylon, four varieties are imported from abroad, and only polypropylene is successfully researched and developed by China.

  Since the 1960s, the Institute of Chemistry has invested in the research of polypropylene. Since 1970s, a great deal of research has been done on polypropylene spinning, and the key technology of "new stable spinning process of polypropylene" has been mastered. A new scheme of developing polypropylene grade resin by adjusting the molecular weight of polypropylene by chemical degradation is put forward. In order to further develop the industrial production of polypropylene spinning special materials, the Institute of Chemistry cooperated with the No.3 Chemical Plant of Liaoyang Petrochemical Fiber Company to carry out more than ten difficult technical transformations on the polypropylene equipment and production process introduced by Liaohua in the 1970s and built in the 1980s, and solved the technical problems such as polymerization, purification, refining, drying, granulation, packaging and measuring instruments in the imported technology, and developed a series of flowing polypropylene spinning special materials created by chemical degradation. The spinning performance and aging resistance of the new products have reached the level of similar advanced products in the world, which has laid a foundation for the polypropylene industry in China and driven more than 20 provinces and cities across the country to develop a series of new polypropylene products with various specifications, such as polypropylene filaments, staple fibers, bulked yarns and non-woven fabrics.

  This project won the first prize of the National Science and Technology Progress Award in 1989.

The Ministry of Science and Technology issued the Detailed Rules for the Implementation of the Regulations on the Management of Human Genetic Resources, which will take effect on July 1.

Cctv newsAccording to the website of the Ministry of Science and Technology, the Detailed Rules for the Implementation of the Regulations on the Management of Human Genetic Resources was deliberated and adopted at the 3rd ministerial meeting of the Ministry of Science and Technology on May 11, 2023, and is hereby promulgated and shall come into force as of July 1, 2023.

Detailed rules for the implementation of the regulations on the management of human genetic resources

Chapter I General Principles

  the first  In order to effectively protect and rationally utilize China’s human genetic resources, and safeguard public health, national security and social public interests, these Detailed Rules are formulated in accordance with the Biosafety Law of People’s Republic of China (PRC), Regulations of People’s Republic of China (PRC) on the Management of Human Genetic Resources (hereinafter referred to as the Regulations) and other relevant laws and administrative regulations.

  the second  The collection, preservation, utilization and provision of China’s human genetic resources shall abide by these detailed rules.

  The information of human genetic resources mentioned in Article 2 of the Regulations includes information materials such as human genes and genome data generated by using human genetic resources.

  The information of human genetic resources mentioned in the preceding paragraph does not include clinical data, imaging data, protein data and metabolic data.

  Article  The Ministry of Science and Technology (hereinafter referred to as the Ministry of Science and Technology) is responsible for the management of national human genetic resources investigation, administrative licensing, supervision and inspection, and administrative punishment.

  The Ministry of Science and Technology entrusts relevant organizations according to law to carry out formal examination and technical review of the application materials for administrative license of human genetic resources, as well as filing, prior reporting, supervision and inspection and administrative punishment of human genetic resources.

  Article 4  The Science and Technology Departments (commissions and bureaus) of provinces, autonomous regions and municipalities directly under the Central Government and the Science and Technology Bureau of Xinjiang Production and Construction Corps (hereinafter referred to as the provincial administrative department of science and technology) are responsible for the management of the following human genetic resources in this region:

  (1) Supervision, inspection and daily management of human genetic resources;

  (two) investigation and handling of illegal cases of human genetic resources within the scope of their functions and powers;

  (three) according to the Ministry of science and technology, to carry out the investigation of human genetic resources in this region, the administrative licensing of human genetic resources, and the investigation and handling of illegal cases of human genetic resources.

  Article 5  The Ministry of Science and Technology and the provincial administrative department of science and technology shall strengthen the supervision of human genetic resources, equip administrative law enforcement personnel, carry out supervision and inspection of human genetic resources activities according to their functions and powers, and perform their duties of supervision and management of human genetic resources according to law.

  Article 6  The Ministry of Science and Technology employs experts in life science and technology, medicine, health, ethics, law and information security to form an expert advisory committee on human genetic resources management to provide decision-making consultation and technical support for the management of human genetic resources throughout the country.

  Article 7  The Ministry of Science and Technology supports the rational use of human genetic resources to carry out scientific research, develop biomedical industry, improve diagnosis and treatment technology, strengthen management and supervision of human genetic resources, optimize examination and approval services, improve examination and approval efficiency, promote standardization of examination and approval and information disclosure, and improve management and service levels.

Chapter II General Requirements

  Article 8  The collection, preservation, utilization and external provision of China’s human genetic resources shall conform to ethical principles and pass the ethical review of the ethics (review) Committee that has been filed with the relevant administrative departments. Ethical review shall comply with laws, administrative regulations and relevant provisions of the state.

  Article 9  The collection, preservation, utilization and external provision of human genetic resources in China shall respect and protect the rights and interests of providers of human genetic resources, such as privacy and personal information, and obtain written informed consent according to regulations to ensure that the legitimate rights and interests of providers of human genetic resources are not infringed.

  Article 10  The collection, preservation, utilization and external provision of China’s human genetic resources shall comply with the relevant requirements and technical specifications of scientific and technological activities, including but not limited to standards, norms and procedures.

  Article 11  The collection and preservation of China’s human genetic resources in China or the provision of China’s human genetic resources abroad must be carried out by China’s scientific research institutions, universities, medical institutions or enterprises (hereinafter referred to as Chinese units). Domestic-funded real control institutions located in Hong Kong and Macao are regarded as Chinese units.

  Overseas organizations, institutions established or actually controlled by overseas organizations and individuals (hereinafter referred to as foreign units) and overseas individuals shall not collect and preserve China’s human genetic resources within China, and shall not provide China’s human genetic resources to overseas.

  Article 12  The institutions established or actually controlled by overseas organizations and individuals mentioned in Article 11 of these Rules include the following situations:

  (a) overseas organizations and individuals hold or indirectly hold more than 50% of the shares, equity, voting rights, property shares or other similar rights and interests of the institution;

  (2) Overseas organizations and individuals hold or indirectly hold less than 50% of the shares, equity, voting rights, property shares or other similar rights and interests of the institution, but their voting rights or other rights and interests are sufficient to dominate or exert significant influence on the decision-making and management of the institution;

  (three) overseas organizations and individuals through investment relations, agreements or other arrangements, enough to dominate or exert significant influence on the decision-making and management of institutions;

  (4) Other circumstances stipulated by laws, administrative regulations and rules.

  Article 13  Units that collect, preserve, utilize and provide China’s human genetic resources to the outside world shall strengthen the construction of management systems, review the purposes and research plans of scientific research involving human genetic resources, and ensure the legitimate use of human genetic resources.

  Article 14  To use China’s human genetic resources to carry out international scientific research cooperation, we should ensure that Chinese units and their researchers participate in the whole process and substantially, and share relevant rights and interests according to law. In the process of international scientific research cooperation, all records, data and information generated by using China’s human genetic resources should be completely open to Chinese units, and backup should be provided to Chinese units.

  Article 15  The Ministry of Science and Technology has strengthened the informatization construction of human genetic resources management, established an open and unified information system platform for administrative licensing, filing and safety review of human genetic resources, provided convenience for applicants to handle administrative licensing, filing and other matters through the Internet, promoted real-time dynamic management, and realized traceability and inquiry of human genetic resources management information.

  Article 16  The Ministry of Science and Technology, together with relevant departments of the State Council and provincial administrative departments of science and technology, will promote the preservation of human genetic resources by scientific research institutions, institutions of higher learning, medical institutions and enterprises in China according to laws and regulations, and promote the construction of standardized and standardized basic platforms and big data for the preservation of human genetic resources, and open them to relevant scientific research institutions, institutions of higher learning, medical institutions and enterprises in accordance with relevant state regulations.

  Article 17  In response to public health emergencies and other emergencies, the Ministry of Science and Technology has established a rapid examination and approval mechanism, and the application for administrative license of human genetic resources involved in emergency response should be expedited.

  The Ministry of Science and Technology shall, in accordance with the principle of unified command, high efficiency and scientific examination and approval, speed up the organization of the acceptance, evaluation and examination of the application for administrative license. The circumstances, procedures, time limits and requirements of quick approval shall be stipulated separately by the Ministry of Science and Technology.

  Article 18  The Ministry of Science and Technology has formulated and timely released service guides and demonstration texts for the collection, preservation, utilization and external provision of human genetic resources in China, providing convenient and professional guidance and services for applicants to handle administrative licensing and filing of human genetic resources.

  Article 19  The Ministry of Science and Technology regularly trains scientific researchers and managers of relevant departments engaged in the collection, preservation, utilization and external provision of human genetic resources, so as to enhance their legal awareness and sense of responsibility and enhance their management and service capabilities.

  Article 20  The Ministry of Science and Technology and the provincial administrative department of science and technology shall establish and constantly improve the measures to prevent and control the risks of clean government, improve the supervision and restriction mechanism, and strengthen the supervision of the important links and key positions in the management of human genetic resources in their own organs.

Chapter III Investigation and Registration

  Article 21  The Ministry of Science and Technology is responsible for organizing the national survey of human genetic resources. Entrusted by the Ministry of Science and Technology, the provincial administrative department of science and technology is responsible for the investigation of human genetic resources in this region.

  Article 22  The national survey of human genetic resources is carried out every five years, and can be carried out according to actual needs when necessary.

  Article 23  The Ministry of Science and Technology organizes experts in related fields to formulate a national work plan for the investigation of human genetic resources. The provincial administrative department of science and technology shall, after completing the investigation of human genetic resources in this region, timely summarize the survey data and information obtained and submit them to the Ministry of Science and Technology.

  Article 24  On the basis of the national survey of human genetic resources, the Ministry of Science and Technology organized research on important genetic families and human genetic resources in specific areas, gradually established an inventory of important genetic families and human genetic resources in specific areas in China, and revised and improved it in a timely manner.

  Article 25  The Ministry of Science and Technology is responsible for the registration of important genetic families and human genetic resources in specific areas, formulating management measures for declaration and registration, and establishing an information service platform for declaration and registration management.

  Article 26  Scientific research institutions, institutions of higher learning, medical institutions and enterprises in China shall timely declare important genetic families and human genetic resources in specific areas through the registration management information service platform.

Chapter IV Administrative Licensing and Filing

Section 1 Administrative License for Collection and Preservation

  Article 27  The administrative license for the collection of human genetic resources is applicable to the following activities to be carried out in China:

  (1) Collection activities of human genetic resources of important genetic families. An important genetic family refers to a blood-related group with hereditary diseases, hereditary special physique or physiological characteristics, and the members of this group with hereditary diseases and hereditary special physique or physiological characteristics involve three or more generations, excluding common diseases such as hypertension, diabetes, red-green color blindness and hemophilia. Important genetic families discovered for the first time shall be declared in a timely manner in accordance with the provisions of Article 26 of these Rules.

  (2) Collection activities of human genetic resources in specific areas. Human genetic resources in a specific area refer to those that have lived in isolation or special environment for a long time and have special physical characteristics or adaptive traits in physiological characteristics. Specific areas are not divided according to whether they are inhabited by ethnic minorities.

  (three) for large-scale population research and the number of people more than 3000 cases of human genetic resources collection activities. Large-scale population studies include but are not limited to cohort studies, cross-sectional studies, clinical studies, and physical studies. The collection of human genetic resources involved in clinical trials to obtain the marketing license of related drugs and medical devices in China is not included, and there is no need to apply for an administrative license for the collection of human genetic resources.

  Article 28  The administrative license for the preservation of human genetic resources is applicable to the activities of preserving human genetic resources in China and providing a basic platform for scientific research.

  The preservation of human genetic resources refers to the act of preserving human genetic resources with legal sources in suitable environmental conditions to ensure their quality and safety for future scientific research, excluding the temporary storage for teaching purposes after laboratory testing in accordance with the requirements of laws and regulations or clinical research programs.

  Article 29  Where the activities for the preservation of human genetic resources that should be applied for administrative license involve the collection of human genetic resources at the same time, the applicant only needs to apply for the administrative license for the preservation of human genetic resources, and does not need to apply for the administrative license for the collection of human genetic resources separately.

  Article 30  The entity preserving human genetic resources shall, in accordance with the provisions of Article 15 of the Regulations, submit an annual report on its preservation of human genetic resources in the previous year to the Ministry of Science and Technology before January 31 of each year. The annual report shall contain the following contents:

  (1) The preserved human genetic resources;

  (2) Information on the source and use of human genetic resources;

  (three) the implementation of the management system related to the preservation of human genetic resources;

  (4) Maintenance and changes of the sites, facilities and equipment used by the entity to preserve human genetic resources;

  (five) the change of the main management personnel responsible for the preservation work of this unit.

  Units that preserve human genetic resources shall strengthen management to ensure that the preserved human genetic resources come from legal sources. The Ministry of Science and Technology organizes provincial administrative departments of science and technology to conduct spot checks on the preservation activities of human genetic resources preservation units in this region every year.

Section 2 Administrative Licensing and Filing of International Cooperation

  Article 31  The application for the administrative license of international scientific research cooperation on human genetic resources shall pass the ethical examination of the countries (regions) where the two parties are located. If the foreign unit is really unable to provide the certification materials for the ethical review of the host country (region), it may submit the certification materials that the foreign unit approves the ethical review opinions of the Chinese unit.

  Article 32  In order to obtain the marketing license of related drugs and medical devices in China, if the clinical medical and health institutions use China’s human genetic resources to carry out international cooperative clinical trials, which do not involve the exit of human genetic resources materials, approval is not required, but it shall meet one of the following circumstances, and the types, quantities and uses of human genetic resources to be used shall be filed with the Ministry of Science and Technology before the clinical trials are carried out:

  (1) The collection, detection and analysis of human genetic resources and the disposal of the remaining human genetic resources are carried out in clinical medical and health institutions;

  (2) The human genetic resources involved are collected in clinical medical and health institutions, and the domestic units designated by the clinical trial scheme for marketing licenses of related drugs and medical devices are tested, analyzed and the remaining samples are processed.

  The clinical medical and health institutions mentioned in the preceding paragraph refer to medical institutions and disease prevention and control institutions that have filed with relevant departments in China and conducted clinical trials according to law.

  In order to obtain the exploratory research part involved in the clinical trial of relevant drugs and medical devices listed in China, an administrative license for international scientific research cooperation of human genetic resources should be applied.

  Article 33  The administrative license for international scientific research cooperation and the filing of international cooperative clinical trials shall be jointly applied by Chinese units and foreign units. All parties to the cooperation shall make a commitment to the authenticity, accuracy and completeness of the application materials and information.

  If the international scientific research cooperation and international cooperative clinical trial of human genetic resources to be carried out involve multi-center clinical research, it shall not apply for administrative license or filing after splitting.

  Article 34  To carry out multi-center clinical research, the leader unit can apply for administrative license or filing by the applicant or leader unit after passing the ethical review.

  After the applicant or the leader unit has obtained the administrative license or completed the filing, the medical and health institutions participating in the clinical research will submit the certification materials of the ethical review documents of the unit or the approval documents provided by the leader unit and the commitment letter issued by the unit to the Ministry of Science and Technology, and then the international cooperative clinical research can be carried out.

  Article 35  Both parties who have obtained the administrative license for international scientific research cooperation or completed the filing of international cooperative clinical trials shall jointly submit a report on cooperative research to the Ministry of Science and Technology within six months after the expiration of the effective period of the administrative license or filing. The report on cooperative research shall contain the following contents:

  (a) changes in the purpose and content of the study;

  (two) the implementation of the research program;

  (three) the completion of the research content;

  (four) the use and disposal of human genetic resources in China;

  (five) all records in the research process and the recording, storage and use of data and information;

  (six) the whole process and substantial participation of Chinese units and their researchers in the research and the participation of foreign units in the research;

  (seven) the output, ownership and distribution of rights and interests of research results;

  (eight) the ethical review involved in the study.

Section 3 Prior Report on External Provision and Open Use

  Article 36  If the information of human genetic resources is provided or made available to overseas organizations, individuals and institutions established or actually controlled by them, the Chinese information owner shall report to the Ministry of Science and Technology in advance and submit information backup. To report to the Ministry of Science and Technology in advance, the following information shall be submitted:

  (a) the purpose and purpose of providing or opening up the use of information on human genetic resources in China to overseas organizations and individuals and institutions established or actually controlled by them;

  (2) Providing or opening up the use of China’s human genetic resources information and information backup to overseas organizations and individuals and institutions established or actually controlled by them;

  (3) Basic information about overseas organizations and individuals receiving information on human genetic resources and the institutions established or actually controlled by them;

  (4) Providing or opening up the potential risk assessment of the protection of human genetic resources in China to overseas organizations and individuals and their established or actually controlled institutions.

  During the implementation of international scientific research cooperation that has obtained administrative license or international cooperative clinical trials that have been filed, if the Chinese unit provides the information of human genetic resources produced by the cooperation to the foreign unit, if it has been agreed in the international cooperation agreement that it will be used by both parties, it is not necessary to report in advance and submit information backup separately.

  Article 37  The provision or open use of human genetic resources information to overseas organizations, individuals and institutions established or actually controlled by them may affect China’s public health, national security and social public interests, and shall pass the safety review organized by the Ministry of Science and Technology.

  The situations that should be reviewed for safety include:

  (1) Information on human genetic resources of important genetic families;

  (2) Information on human genetic resources in specific areas;

  (3) Exon sequencing and genome sequencing information resources with more than 500 cases;

  (four) other circumstances that may affect China’s public health, national security and social public interests.

  Article 38  The Ministry of Science and Technology shall, jointly with relevant departments, formulate safety review rules, organize experts in relevant fields to conduct safety assessment, and make a review decision according to the safety assessment opinions.

  In the process of exporting human genetic resources, if the related items involve the scope of export control, they must abide by the national export control laws and regulations.

The fourth section administrative licensing, filing and prior reporting process

  Article 39  If the applicant’s application materials are complete and the form meets the requirements, the Ministry of Science and Technology shall accept and issue a paper or electronic certificate stamped with a special seal and dated.

  If the application materials are incomplete or inconsistent with the statutory form, the Ministry of Science and Technology shall inform the applicant of all the contents that need to be supplemented at one time within five working days from the date of receiving the formal application materials.

  Article 40  The Ministry of Science and Technology shall set up an expert database and establish an expert management system according to the needs of technical review and safety review.

  The Ministry of Science and Technology selects evaluation experts from the expert database in a random way, conducts technical evaluation on the application for administrative license of human genetic resources, and conducts safety assessment on the external provision or open use of human genetic resources information that should be subject to safety review. Technical review opinions and safety assessment opinions are used as reference for making administrative licensing decisions or safety review decisions.

  Experts generally participate in technical review and safety review by network, and when necessary, they can use meetings, on-site surveys and other means.

  Article 41  The Ministry of Science and Technology shall, within 20 working days from the date of acceptance, make an administrative licensing decision on the application for administrative licensing of human genetic resources. If an administrative licensing decision cannot be made within twenty working days, it may be extended for ten working days with the approval of the person in charge of the Ministry of Science and Technology, and the reasons for the extension shall be informed to the applicant.

  Article 42  When the Ministry of Science and Technology makes a decision on administrative licensing, which requires hearing, inspection, inspection, quarantine, appraisal and technical review according to law, the time required shall not be counted within the time limit specified in Article 41 of these Detailed Rules, but the applicant shall be informed in writing of the time required.

  Article 43  After the Ministry of Science and Technology makes a decision on administrative license, it shall inform the applicant in writing of the decision on administrative license and send a copy to the provincial administrative department of science and technology where the applicant is located.

  A decision to grant an administrative license according to law shall be made public on the website of the Ministry of Science and Technology. If a decision is made not to grant an administrative license according to law, the reasons shall be explained, and the applicant shall be informed of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

  Article 44  After obtaining the administrative license for the collection of human genetic resources, the licensee shall apply to the Ministry of Science and Technology for changes in major matters such as the participating units, collection purposes, collection plans or collection contents.

  Article 45  After obtaining the administrative license for the preservation of human genetic resources, the licensee shall apply to the Ministry of Science and Technology for changes in the purpose, scheme or content of preservation.

  Article 46  After obtaining the administrative license for international scientific research cooperation on human genetic resources, in the process of international scientific research cooperation, the purpose and content of the research change, the type, quantity and use of human genetic resources involved in the research plan change, or other important matters such as the sponsor, the leader unit, the contract research organization and the third-party laboratory change, the licensee shall apply to the Ministry of Science and Technology for change.

  Article 47  After obtaining the administrative license for international scientific research cooperation on human genetic resources, the licensee does not need to apply for change in any of the following circumstances, but shall submit a written explanation of the change and corresponding materials to the Ministry of Science and Technology:

  The research content or research plan remains unchanged, and only involves the change that the total amount does not exceed 10% of the approved amount;

  The participating units other than the cooperative units listed in Article 46 of these Rules are changed;

  The name of the partner unit is changed;

  The research content or research plan is changed, but it does not involve the change of the type, quantity and use of human genetic resources, or the content after the change is not beyond the approved scope.

  Article 48  If the licensee applies for changes to the matters listed in Articles 44 to 46 of these Rules, the Ministry of Science and Technology shall review and make a decision on whether to approve the changes. Meet the statutory conditions and standards, the Ministry of science and technology should be changed.

  Procedures such as acceptance, examination, processing time limit, decision and notification of the application for change shall be implemented with reference to the provisions of Articles 39 to 43 of these Detailed Rules on the application for administrative license.

  Article 49  Before the decision on administrative license is made, if the applicant withdraws his application in writing, the Ministry of Science and Technology will terminate the examination of the application for administrative license.

  Article 50  Under any of the following circumstances, the Ministry of Science and Technology may revoke the administrative license of human genetic resources at the request of interested parties or according to its functions and powers:

  (a) breach of privilege, dereliction of duty to make a decision to approve the administrative license;

  (two) beyond the statutory authority to make a decision to approve the administrative license;

  (3) Making a decision to grant an administrative license in violation of legal procedures;

  (4) granting an administrative license to an applicant who is not qualified to apply or does not meet the statutory requirements;

  (five) other circumstances in which the administrative license can be revoked according to law.

  If the licensee obtains the administrative license by cheating, bribery or other improper means, the Ministry of Science and Technology shall revoke it.

  If the administrative license is revoked in accordance with the provisions of the preceding two paragraphs, which may cause great harm to the public interest, it shall not be revoked.

  Article 51  To apply for the filing of international cooperative clinical trials, the approval documents, notices or filing and registration materials of clinical trials of the drug supervision and administration department shall be obtained in advance.

  Article 52  To apply for the filing of international cooperative clinical trials, the following materials shall be submitted:

  (a) the basic situation of the parties to the cooperation;

  (2) The types, quantities and uses of human genetic resources involved in the study;

  (3) Research plan;

  (four) the approval of the ethical review of the leader unit;

  (5) Other supporting materials.

  Article 53  After the international cooperative clinical trial is put on record, if the types, quantities and uses of human genetic resources involved change, or if the partners, research schemes, research contents and research purposes change, the filer shall timely handle the filing changes.

  If the change of research plan or research content does not involve the change of the type, quantity and use of human genetic resources, it is not necessary to go through the filing change, but a written explanation of the change and corresponding materials shall be submitted to the Ministry of Science and Technology before the change activity begins.

  Article 54  After providing or opening the use of human genetic resources information to overseas organizations, individuals and institutions established or actually controlled by them, and reporting to the Ministry of Science and Technology in advance, if the purpose and recipient of the information change, it shall submit a change report to the Ministry of Science and Technology before the implementation of the change.

  Article 55  If the licensee needs to extend the validity of the administrative license, it shall apply to the Ministry of Science and Technology 30 working days before the expiration of the validity of the administrative license. The Ministry of Science and Technology shall, according to the application of the licensee, make a decision on whether to approve the extension before the expiration of the validity period of the administrative license; If no decision is made within the time limit, it shall be deemed that the extension is granted.

  If the filer needs to extend the validity period of filing, he shall apply to the Ministry of Science and Technology 30 working days before the expiration of the validity period of filing. The Ministry of science and technology shall complete the continuation of the record before the expiration of the validity period of the record; If it is not completed within the time limit, it shall be deemed as having completed the continuation of filing.

Chapter V Supervision and Inspection

  Article 56  The Ministry of Science and Technology is responsible for the national supervision and inspection of human genetic resources, and the provincial administrative departments of science and technology are responsible for the supervision and inspection of human genetic resources in this region. The supervision and inspection items mainly include:

  (a) the collection, preservation, utilization and external supply of human genetic resources, the implementation of the main responsibility of the relevant units, the establishment, improvement and implementation of relevant rules and regulations;

  (2) Information on the collection, preservation and utilization of human genetic resources by the relevant units that have been approved for the human genetic resources project, and information on the exit, external provision, open use and use after leaving the country;

  (three) the disposal of surplus materials, intellectual property rights and benefit sharing of human genetic resources;

  (four) the authenticity of the record items of human genetic resources;

  (five) other matters that the Ministry of Science and Technology or the provincial administrative department of science and technology think need supervision and inspection.

  Article 57  The Ministry of Science and Technology and the provincial administrative department of science and technology shall prepare the annual supervision and inspection plan and implement the risk management of human genetic resources.

  The annual supervision and inspection plan shall include inspection items, inspection methods, inspection frequency, sampling items and sampling proportion.

  Article 58  The Ministry of Science and Technology and the provincial administrative department of science and technology shall increase the frequency of supervision and inspection of units that have been subjected to administrative punishment for illegal acts of human genetic resources in the past three years, that have not been corrected in time because of the management risks of human genetic resources, and that have been recorded in the relevant disciplinary list of dishonesty, and incorporate them into the annual daily supervision and inspection plan and carry out supervision and inspection. Units that have significantly improved their management system and management norms and have not committed illegal acts again may reduce the frequency of supervision and inspection in a timely manner.

  Article 59  For other units other than those specified in Article 58 of these Detailed Rules, the Ministry of Science and Technology and the provincial administrative department of science and technology can randomly determine the supervision and inspection items within the scope of human genetic resources activities of the unit, and randomly select supervision and inspection personnel to carry out supervision and inspection.

  Article 60  In case of serious illegal acts or temporary and unexpected tasks, as well as problems found through complaints, transfer, data monitoring, etc., the Ministry of Science and Technology and the provincial administrative department of science and technology can deploy and carry out special supervision and inspection.

  Article 61  The Ministry of Science and Technology and the provincial administrative department of science and technology shall timely record and summarize the daily supervision and inspection information of human genetic resources activities, and improve the daily supervision and inspection measures.

  Article 62  When it is found that the subject of supervision and inspection may have the risk of violating the relevant provisions of the Regulations, the Ministry of Science and Technology or the provincial administrative department of science and technology may conduct administrative interviews with its legal representative and principal responsible person.

  Article 63  If it is found that the object under supervision and inspection may violate the provisions of the Regulations, the Ministry of Science and Technology or the provincial administrative department of science and technology shall investigate and take the following measures when necessary:

  (1) Taking measures such as recording, copying, photographing and video recording according to law;

  (two) to take administrative compulsory measures such as sealing up and detaining according to law;

  (3) Conducting inspection, inspection, quarantine or appraisal of related articles according to law.

  Article 64  The Ministry of Science and Technology or the provincial administrative department of science and technology shall implement administrative compulsory measures in accordance with the procedures stipulated in the Administrative Compulsory Law of the People’s Republic of China.

  Article 65  The Ministry of Science and Technology and the provincial administrative department of science and technology shall adopt or terminate administrative compulsory measures with the approval of the person in charge of this organ.

  Where compulsory measures of seizure or detention are implemented according to law, a decision and list of seizure or detention shall be made and delivered to the parties on the spot. In case of emergency, failure to seal up or detain in time may affect the investigation of the case, or there are hidden dangers that may lead to the damage and loss of human genetic resources, you can seal up or detain in advance, and fill in a decision on sealing up or detaining within 24 hours and serve it on the parties concerned.

Chapter VI Administrative Punishment

  Article 66  The Ministry of Science and Technology and the provincial administrative department of science and technology shall standardize the exercise of administrative penalty discretion of human genetic resources, comprehensively consider the facts, nature, circumstances and degree of social harm of illegal acts, reasonably determine the types and extent of administrative penalties within the scope stipulated in the Regulations, ensure that the penalty is equivalent, and prevent the abnormal light and heavy.

  The discretion standard of administrative punishment for human genetic resources shall be separately formulated by the Ministry of Science and Technology and announced to the public.

  Article 67  Before making a decision on administrative punishment, the Ministry of Science and Technology and the provincial administrative department of science and technology shall inform the parties in writing of the contents, facts, reasons and basis of the proposed administrative punishment, and inform them that they have the right to make statements and defend themselves according to law. If the administrative penalty to be imposed falls within the scope of hearing, the party concerned shall also be informed of the right to request a hearing.

  If a party exercises a statement, defend oneself or requests a hearing, it shall submit it in writing within five working days from the date of service of the notification. If it fails to do so within the time limit, it shall be deemed as giving up the above rights.

  The Ministry of Science and Technology and the provincial administrative department of science and technology shall not give heavier punishment for the statements, defenses or hearings of the parties.

  Article 68  The Ministry of Science and Technology or the provincial administrative department of science and technology intends to make the following administrative punishment decision, and if the party requests a hearing, it shall organize a hearing:

  (1) Imposing a fine of more than 1 million yuan on a legal person or other organization or a fine of more than 100,000 yuan on a citizen;

  (2) Confiscating the illegal income of legal persons and other organizations of more than 3 million yuan or confiscating the illegal income of citizens of more than 300,000 yuan;

  (3) It is forbidden to engage in the activities of collecting, preserving, utilizing and providing human genetic resources in China for more than one year;

  (4) Failing to accept the application for administrative license of human genetic resources for more than two years;

  (5) Revoking the administrative license of human genetic resources that has been obtained;

  (6) Other circumstances in which a hearing shall be organized as stipulated by laws and administrative regulations.

  Article 69  Before the Ministry of Science and Technology or the provincial administrative department of science and technology makes a decision on administrative punishment of human genetic resources, the case handling institution of this department shall send the proposed administrative punishment decision and case materials to the working institution responsible for legal review of this department for legal review. No decision shall be made without legal examination or examination.

  If the administrative penalty decision to be made only involves a warning, there is no need for legal review.

  Article 70  After the decision on administrative punishment is made, the Ministry of Science and Technology or the provincial administrative department of science and technology shall, within seven working days, serve the decision on administrative punishment on the parties concerned or other legal recipients in accordance with relevant laws and regulations.

  Article 71  The decision on administrative punishment shall be made within 90 days from the date of filing the case. If the case is complicated and the decision on administrative punishment cannot be made within 90 days, it may be extended for 90 days with the approval of the person in charge of this organ. If the case is particularly complicated and the decision on administrative punishment cannot be made after the extension, the person in charge of this organ shall decide whether to continue the extension through collective discussion. Where an extension is decided, a reasonable extension period shall be determined at the same time, but the longest extension period shall not exceed 60 days.

  In the process of handling a case, the time of hearing, announcement, inspection, inspection, quarantine, appraisal, audit and suspension shall not be included in the time limit for handling a case referred to in the first paragraph of this article.

  Article 72  The illegal gains stipulated in Articles 36, 39, 41, 42 and 43 of the Regulations shall be calculated by deducting appropriate reasonable expenses from all the income obtained from the implementation of illegal acts; If it is difficult to calculate, the value of human genetic resources involved in the illegal act or the amount of funds invested for human genetic resources shall be regarded as illegal income.

  Article 73  In the supervision and inspection of human genetic resources or the investigation and handling of illegal cases, it is found that the relevant citizens, legal persons or other organizations do not have the storage conditions for human genetic resources, and the Ministry of Science and Technology or the provincial administrative department of science and technology shall organize the transfer of their stored human genetic resources to a unit with storage conditions for temporary storage.

  Article 74  The provincial administrative department of science and technology shall, within fifteen working days from the date of making the decision on administrative punishment, submit a copy of the case handling and the decision on administrative punishment to the Ministry of Science and Technology.

  Article 75  The Ministry of Science and Technology has the right to supervise the administrative punishment of human genetic resources implemented by the provincial administrative department of science and technology, and order the relevant illegal or improper acts to make corrections according to law.

Chapter VII Supplementary Provisions

  Article 76  The provisions concerning the time limit in these Detailed Rules are marked as working days, excluding legal holidays; If it is not indicated as a working day, it is a natural day.

  Article 77  The "above" and "not exceeding" mentioned in these Detailed Rules all include this number, while "greater than" and "insufficient" do not include this number.

  Article 78  These Rules shall come into force as of July 1, 2023.