May 31, 2010
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Several Provisions of the State Council on the Implementation of the Law of the People's Republic of China on Regional Autonomy by Ethnic Minorities [Effective]
国务院实施《中华人民共和国民族区域自治法》若干规定 [现行有效]
Order of the State Council
(No. 435)
The Several Provisions of the State Council on the Implementation of the Law of the People's Republic of China on Regional Autonomy by Ethnic Minorities were amended and adopted at the 89th executive meeting of the State Council on May 11, 2005. They are hereby promulgated and shall come into force as of May 31, 2005.
Premier Wen Jiabao
May 19, 2005
Several Provisions of the State Council on the Implementation of the Law of the People'sRepublic of China on Regional Autonomy by Ethnic Minorities


总理 温家宝


Article 1 For the purpose of helping the ethnic autonomous areas to accelerate the economic and social development, enhancing the ethnic solidarity and promoting the common prosperity for all the ethnic groups, the present Provisions are formulated in accordance with the Law of the People's Republic of China on Regional Autonomy by Ethnic Minorities.
   第一条 为了帮助民族自治地方加快经济和社会的发展,增进民族团结,促进各民族共同繁荣,根据《中华人民共和国民族区域自治法》,制定本规定。
Article 2 The people's governments at all levels shall strengthen the publicity and education of the Law of the People's Republic of China on Regional Autonomy by Ethnic Minorities, and other relevant laws, regulations and ethnic policies and shall work out concrete measures so as to the protect the legitimate rights and interests of the ethnic minorities, properly address the issues that may affect the ethnic solidarity, consolidate and enhance the socialist ethnic relations of equality, solidarity and mutual assistance and prohibit any act from undermining the ethnic solidarity or instigating ethnic secession.
   第二条 各级人民政府应当加强《中华人民共和国民族区域自治法》以及相关法律、法规和民族政策的宣传教育,依法制订具体措施,保护少数民族的合法权益,妥善处理影响民族团结的问题,巩固和发展平等、团结、互助的社会主义民族关系,禁止破坏民族团结和制造民族分裂的行为。
Article 3 To maintain the unity of the state and ethnic solidarity is a duty and obligation of every citizen.
The people's governments of the ethnic autonomous areas shall ensure that the Constitution and laws be abided by and implemented within their respective areas, and shall actively protect the interests of the state as a whole.
   第三条 维护祖国统一和民族团结是公民的职责和义务。
Article 4 The people's governments at all levels shall actively carry out various activities to promote ethnic solidarity and progress, and shall commend and award the entities and individuals who have made outstanding contributions to the cause of ethnic solidarity and progress.
   第四条 各级人民政府应当积极开展促进民族团结进步的各项活动,对为民族团结进步事业作出突出贡献的单位和个人,给予表彰和奖励。
Article 5 When the superior people's governments and their functional departments formulates mid- and long-term plans on economic and social development, they shall solicit the opinions of the autonomous areas of ethnic minorities as well as the ethnic working departments, and shall, in light of the characteristics and demands of the ethnic autonomous areas, support and help the ethnic autonomous areas to strengthen the infrastructure construction and human resources development, open wider to the outside world, adjust and optimize the economic structure, rationally utilize natural resources, intensify the ecological construction and environmental protection, speed up the development of the causes of economy, education, science and technology, culture, health, sports , etc. so as to realize the overall, concerted and sustainable development.
   第五条 上级人民政府及其职能部门在制订经济和社会发展中长期规划时,应当听取民族自治地方和民族工作部门的意见,根据民族自治地方的特点和需要,支持和帮助民族自治地方加强基础设施建设、人力资源开发,扩大对外开放,调整、优化经济结构,合理利用自然资源,加强生态建设和环境保护,加速发展经济、教育、科技、文化、卫生、体育等各项事业,实现全面、协调、可持续发展。
Article 6 The state adopts the strategy of large-scale development of China's western region so as to promote the accelerated development of the ethnic autonomous areas. Any autonomous county unlisted in the range of the large-scale development of China's western region shall, by referring to the relevant policies on the large-scale development of the western region, be supported by the local provincial people's government within its scope of functions.
   第六条 国家实施西部大开发战略,促进民族自治地方加快发展。未列入西部大开发范围的自治县,由其所在的省级人民政府在职权范围内比照西部大开发的有关政策予以扶持。
Article 7 The superior people's governments shall, in light of the actual circumstances of the ethnic autonomous areas concerned, give priority to the ethnic autonomous areas in making arrangements of infrastructure construction projects.
Of the central finance construction fund, other special construction funds and policy bank loans, the proportion for the infrastructure construction of ethnic autonomous areas shall be appropriately increased.
As to an infrastructure construction project arranged by the state, if the ethnic autonomous area is required to bear the supporting fund, the proportion of the supporting fund should be properly reduced. If the ethnic autonomous area is one of the state's target counties of the poverty relief and if it is really unable to bear the supporting fund due to financial difficulties, it shall be exempted from bearing the supporting fund. Moreover, if the infrastructure construction project falls within the scope of local affairs, after the central finance and provincial people's government have determined their respective proportion for the construction funds, they shall arrange for the full amount on the basis of their respective proportion; if it falls within the scope of central affairs, the central finance shall arrange the full amount.
   第七条 上级人民政府应当根据民族自治地方的实际,优先在民族自治地方安排基础设施建设项目。
Article 8 The state shall, in light of the economic and social development plan as well as the strategy of western development, give priority to the ethnic autonomous areas when arranging projects of resources development and deep processing. When the oil or gas resource in an ethnic autonomous area is exploited, the ethnic autonomous area shall be supported in the aspect of propelling the local economic development, promoting the corresponding service industry and creating more jobs.
When the state arranges for the uses of mineral resource compensation fees, it shall input more funds into the ethnical autonomous areas and shall give priority to the ethnic autonomous areas as places of origin.
The state shall accelerate the establishment of an ecological compensation mechanism. It shall, according to the principle that “developers make payments, beneficiaries offer indemnities and destroyers make compensations”, give rational indemnities to the ethnic autonomous areas, which have made contributions in the protection of ecological environment such as the protection of wild animals and plants and the construction of natural reserves, by way of public finance transfer payment or project support from the state, region and industry levels.
   第八条 国家根据经济和社会发展规划以及西部大开发战略,优先在民族自治地方安排资源开发和深加工项目。在民族自治地方开采石油、天然气等资源的,要在带动当地经济发展、发展相应的服务产业以及促进就业等方面,对当地给予支持。
Article 9 The state shall, by way of general public finance transfer payment, special public finance transfer payment, public finance transfer payment under ethnic preferential policies or through any other method, gradually increase the transfer payment to the local public finance of the ethnic autonomous areas, while fully considering the disparity in public service costs in the ethnic autonomous areas. The relevant departments of the superior people's governments shall give priority to the ethnic autonomous regions in the allocation of various special funds.
The superior public finance shall support the local public finance of the ethnic public finance to ensure that the government organs of the ethnic autonomous areas run well, the wages of the personnel supported by the public finance be paid in full amount and on time and the normal expenses for the elementary education be paid.
Where a tax reduction and exemption policy formulated by the superior people's government leads to a reduction of income of the local public finance of an autonomous region, the reduction shall be regarded as a factor for consideration in the computation of transfer payment.
The state shall regulate the public finance transfer payment system at the provincial level or at a lower level so as to ensure that the preferential policies, such as the state-to-ethnical-autonomous-area transfer payment and tax refund, be actually enjoyed by the autonomous counties.
   第九条 国家通过一般性财政转移支付、专项财政转移支付、民族优惠政策财政转移支付以及其他方式,充分考虑民族自治地方的公共服务支出成本差异,逐步加大对民族自治地方财政转移支付力度。上级人民政府有关部门各种专项资金的分配,应当向民族自治地方倾斜。
Article 10 The state shall establish different kinds of special funds to support the ethnic autonomous areas to develop economy and various causes of the society.
   第十条 国家设立各项专用资金,扶助民族自治地方发展经济和社会各项事业。

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