Member of the Standing Committee of the Tibet Autonomous Region People’s Congress
(Adopted at the 9th meeting of the Standing Committee of the Sixth People's Congress of the Tibet Autonomous Region on May 7, 1994, according to the Tibet Autonomous Region People’s Congress adopted on January 26, 2000, at the 11th meeting of the Standing Committee of the 7th People’s Congress of the Tibet Autonomous Region Standing Committee's "Decision on Amending the "Regulations on the Tibet Autonomous Region's Management of the Climbing of Foreigners to Tibet""
Chapter 1 General Provisions
Article 1 These Regulations are formulated for the purpose of developing mountaineering undertakings in the Tibet Autonomous Region and strengthening the management of foreigners who come to Tibet for mountaineering activities.
Article 2 Foreigners in the territory of the Tibet Autonomous Region carry out mountaineering expeditions, alpine skiing, alpine gliding, rock climbing and other exploration activities (hereinafter referred to as mountaineering activities) at the elevation of 5,500 meters above sea level, and carry out scientific investigations and surveying and mapping activities within the mountain peak area. Regulations.
Article 3 The peaks in the territory of the Tibet Autonomous Region belong to the state-owned resources of the People's Republic of China. The openness of the peaks to the outside world shall be submitted to the People's Government of the Tibet Autonomous Region for approval by the State Council of the People's Republic of China
Article 4 The mountains that are open to the outside world allow foreign mountaineering teams (hereinafter referred to as foreign teams) to carry out mountaineering activities.
Article 5 Foreign teams who come to Tibet for mountaineering activities must abide by the laws, regulations and regulations of the People's Republic of China, and their legitimate rights and interests are protected by the laws of the People's Republic of China.
Article 6 The people's government of the Tibet Autonomous Region shall exercise unified leadership and management of foreigners in mountaineering activities in the territory of the Tibet Autonomous Region.
The administrative department of sports of the People's Government of the Tibet Autonomous Region is responsible for the implementation of these Regulations and for the unified management of mountaineering activities in the Tibet Autonomous Region. The administrative department of sports of the People's Government of the Tibet Autonomous Region may authorize the Tibet Mountain Autonomous Region Mountaineering Association to specifically manage the mountaineering activities in the Tibet Autonomous Region.
The county and township people’s governments and relevant departments where the mountain peaks are located assist in the management and service of mountaineering activities.
Chapter II Mountaineering Procedures
Article 7 Foreigners who come to Tibet for mountaineering may form their own team or may form a joint team with the Chinese team.
Article 8 Foreign teams coming to Tibet for mountaineering activities shall submit a written application directly to the Tibet Mountain Autonomous Region Mountaineering Association.
Where foreign teams and Chinese teams form a Chinese-foreign joint team to carry out mountaineering activities, the Chinese team will submit a written application to the Tibet Mountain Autonomous Region Mountaineering Association.
Article 9 The written application may take the following forms:
(1) Fill in the application for hiking;
(b) fax and fax;
(c) telex and telegraph;
(d) Letters.
The written application should have the following content:
(a) The name, altitude, and geographic location of the mountain climbing peak;
(ii) Climbing and climbing routes (including routes into the Tibet Autonomous Region);
(iii) The number of mountaineering teams;
(4) The applicant's name, nationality, domicile, telex, fax, telephone number;
(5) Service items provided by the Tibet Mountaineering Association.
Article 10 The administrative department of sports of the People's Government of the Tibet Autonomous Region shall, after receiving an application for a mountaineering activity by a foreign team or a joint team of Chinese and foreign teams from the Tibet Mountain Autonomous Region Mountaineering Association, make a decision of approval within 60 days and notify the applicant in writing.
Article 11 After the foreign team receives the approved mountaineering notice, it shall sign a mountaineering protocol with the Tibet Mountain Autonomous Region Mountaineering Association, pay the mountaineering registration fee and obtain a mountaineering permit within 60 days.
A copy of the mountaineering protocol signed by the Tibet Mountain Association and foreign teams shall be submitted to the State Sports General Administration for the record by the sports administrative department of the People's Government of the Tibet Autonomous Region.
Article 12 After the Mountaineering Protocol is signed, it shall not be arbitrarily changed. If there is a need for change, the parties to the contract should negotiate with the contractor to confirm the changes or go through the mountaineering procedures.
Article 13 The funds required by foreign teams to carry out mountaineering activities in the Tibet Autonomous Region shall be budgeted by the Mountaineering Association of the Tibet Autonomous Region in accordance with the charges and standards announced by the State General Administration of Sport. The foreign team should remit the full amount of the budget to the Mountaineering Association of the Tibet Autonomous Region 30 days before entering the territory of the Tibet Autonomous Region.
Article 14 After the foreign team pays for the mountaineering registration fee and cancels the mountaineering activities due to its own reasons, the registration fee paid will not be refunded, and the mountaineering permit obtained will be voided, and the protocol signed with the Mountaineering Association of Tibet Autonomous Region will be terminated.
Article 15 With the approval of the sports administrative department of the People's Government of the Tibet Autonomous Region, several mountaineering teams may climb the same mountain at the same time on the same route.
Article 16 The foreign team shall bring in the necessary materials for mountaineering and declare them in accordance with the "Special Imported Items" and the "Temporarily Imported Items". After approval by the Customs of the People's Republic of China, procedures for taxes and guarantees shall be handled
Article 17 A reasonable amount of consumable articles such as special-purpose foods, emergency medicines, cold-proof clothing, fuels and other condoms in mountaineering materials may be specifically allowed to enter the country on a tax-free basis; if it exceeds a reasonable amount, it must pay taxes.
Communications, photography, video, surveying and mapping equipment and special transport vehicles permitted by the relevant departments of the Tibet Autonomous Region can be temporarily exempt from taxation. After the mountaineering activity is over, the above materials must be re-exported. If it cannot be re-exported due to special reasons, it must pass through the sports administrative department of the People's Government of the Tibet Autonomous Region to go through the formalities in accordance with the relevant regulations of the People's Republic of China.
Article 18 Specimens, samples, fossils, and video production materials collected by foreign team members and Chinese and foreign joint teams can only be brought out of the country after being examined and approved by the relevant departments of the Tibet Autonomous Region.
Article 19 If a foreign correspondent interviews with the team, it shall apply at the same time as the application for the mountaineering. The sports administrative department of the People's Government of the Tibet Autonomous Region shall transfer the relevant formalities to the Foreign Affairs Office of the People's Government of the Tibet Autonomous Region.
Chapter III Mountaineering with Scientific Investigation or Surveying
Article 20 If a foreign team is accompanied by scientific investigation or surveying, they must apply for a scientific survey or a surveying plan while applying for a mountaineering application. The sports administrative department of the People's Government of the Tibet Autonomous Region shall report to the relevant departments of the Tibet Autonomous Region for approval.
Article 21 With the approval of scientific investigation on mountaineering, the following samples and materials must be provided to the science and technology administrative department of the Tibet Autonomous Region through the Chinese contracting unit:
(i) A list of specimens, samples and fossils collected;
(B) the discovery of new species of animals and plants or special groups of animals and plants;
(3) Specimens of new species of animals and plants collected from the positive pattern and species of animals and plants;
(4) The results of indoor analysis of specimens, samples and fossils;
(5) A copy of the video and audio information accompanying the scientific investigation of hiking.
Article 22 Where it is approved to carry out mountaineering incidental surveying and mapping, a copy or copy of the surveying and mapping results must be provided to the surveying and mapping administrative department of the Tibet Autonomous Region through the Chinese contracting unit.
Article 23 Without approval, foreign teams may not carry out any form of scientific investigation or surveying activities in the areas where they are located.
Chapter IV Mountaineering Activities
Article 24 During the mountain climbing in the Tibet Autonomous Region, foreign teams are assigned 1-2 Chinese personnel as liaison officers by the Tibet Mountain Autonomous Region Mountaineering Association. Liaison Officer's responsibilities:
(1) Assisting and supervising foreign teams in implementing relevant regulations of the People's Republic of China;
(b) assist in resolving issues related to foreign teams during mountaineering activities;
(c) Cooperate with foreign teams to implement the protocol for hiking;
(D) Organize and manage Chinese collaborators and make good service work;
(5) Dispute between Chinese collaborators and foreign teams;
(6) Grasping the progress of the climb and verifying the summit.
Article 25 A foreign team climbing in Tibet shall abide by the following issues:
(1) The foreign team shall handle the relevant insurance issues for Chinese citizens accompanying the team before climbing;
(2) The names and heights of mountain peaks shall be those published by the relevant government departments of the People's Republic of China;
(3) It is forbidden to carry arms and ammunition and other items prohibited from entry;
(4) A mountaineering plan must be carried out in accordance with the peaks and routes for climbing as approved by the sports administrative department of the People's Government of the Tibet Autonomous Region. Mountains or routes for climbing must not be transferred to each other, and unauthorized climbing of mountain peaks is strictly prohibited;
(5) When climbing the peaks of the Sino-foreign borders, they must not exceed the Chinese national borders, and must not engage in activities that undermine China's sovereignty and relations with neighboring countries;
(6) It is forbidden to recruit people outside the team to participate in mountaineering activities;
(7) Respect the customs and habits of the local people;
(8) The need to provide unplanned services such as transportation, accommodation, migrant workers, and animal husbandry transportation shall be handled by the Chinese liaison officer of the accompanying team, and the fees shall be paid by the foreign team to the Mountaineering Association of the Tibet Autonomous Region in accordance with the regulations;
(9) Without the consent of the Chinese liaison officer, it is not allowed to dismiss the Chinese collaborators who serve the activities on their own or stop grants. Must not insult Chinese citizens by any excuse or form;
(10) It is necessary to maintain the environmental hygiene of mountaineering routes and mountainous areas, and it is forbidden to place monuments and other articles on the mountainous areas themselves;
(11) It is forbidden to kill wild animals, destroy wild plants, destroy or pollute the environment, and it is forbidden to collect plant seeds and dig and dig seedlings;
(12) When the national flag is displayed during mountaineering and at the top of the mountain, the national flag of the People's Republic of China must be displayed at the same time;
(13) After the success of the summit, a summary report shall be submitted to the sports administrative department of the People's Government of the Tibet Autonomous Region. After confirmation, a certificate for the summit shall be issued;
(14) The top news or major accidents during mountaineering should be reported to the Mountaineering Association of the Tibet Autonomous Region in a timely manner; when public release is required, the consent of the sports administrative department of the People's Government of the Tibet Autonomous Region shall be obtained;
(15) Books, videos, and other materials related to mountaineering activities shall be provided to the sports administrative department of the People's Government of the Tibet Autonomous Region at no cost;
(16) Without approval, the remaining materials for climbing may not be sold within the territory of the Tibet Autonomous Region.
Chapter V Penalties
Article 26 If a foreign team violates the laws and regulations of the People's Republic of China and stipulates in the Tibet Autonomous Region on the management of foreigners, it shall be punished by the relevant competent department of the Tibet Autonomous Region according to regulations.
Article 27 Where a foreign team violates the provisions of Articles 23 and 25 of these Regulations, the sports administrative department of the People's Government of the Tibet Autonomous Region shall, in accordance with the circumstances, give a warning and impose a fine of 5,000 yuan up to 50,000 yuan and terminate. In mountaineering activities, mountaineering permits are revoked; illegally collected specimens, samples, fossils, and data are collected and all collected specimens, samples, fossils, and data collected.
Article 28 If the staff of the administrative department of sports of the People's Government of the Tibet Autonomous Region and the liaison personnel designated by the Mountaineering Association of the Tibet Autonomous Region violate the provisions of these Regulations and neglect their duties, pursue malpractices, and commit corruption, the administrative department shall impose administrative sanctions on them. Or an economic penalty that violates the criminal law shall be investigated for criminal responsibility according to law; if the Chinese collaborators violate the provisions of the agreement and cause loss or damage, they shall bear civil liability according to law.
Article 29 Where the parties are not satisfied with the decision of administrative penalty, they shall apply for administrative reconsideration or file an administrative lawsuit in accordance with the Administrative Reconsideration Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China. Where the parties do not apply for administrative reconsideration nor initiate administrative litigation or perform administrative punishment decisions, the agency that has made the administrative punishment decision may apply to the people’s court for enforcement.
Chapter VI Supplementary Provisions
Article 30 The people's governments of the Tibet Autonomous Region shall be responsible for the interpretation of the problems in the implementation of these Regulations.
Article 31 These Regulations shall come into force as of the date of promulgation.
(Adopted at the Eleventh Meeting of the Standing Committee of the Seventh People's Congress of the Tibet Autonomous Region on January 26, 2000)
The eleventh meeting of the Standing Committee of the Seventh People’s Congress of the Tibet Autonomous Region reviewed the proposal of the Tibet Autonomous Region’s People’s Government to submit a draft “Amendment to the Regulations of the Tibet Autonomous Region on the Management of Tibetan Climbing Management by the Aliens†(Decision). The "Man Hiding Mountaineering Management Regulations" makes the following changes:
1. The first article is amended to read: "This Regulation is formulated for the purpose of developing the mountaineering undertaking of the Tibet Autonomous Region and strengthening the management of foreigners who come to the territory of the Tibet Autonomous Region for mountaineering activities."
2. The second article is amended to read: “Foreigners carry out expeditions such as mountaineering, alpine skiing, alpine gliding, and rock climbing in mountainous areas above 5,500 meters above sea level in the Tibet Autonomous Region (hereinafter referred to as mountaineering activities) and carry out scientific surveys and surveys in mountain peak areas. This regulation applies to all activities."
3. Article 3 is amended to read "The peaks in the territory of the Tibet Autonomous Region belong to the state-owned resources of the People's Republic of China. The opening of the mountain peaks shall be approved by the People's Government of the People's Republic of China for the approval of the People's Republic of China."
4. The amendment to Article 5 shall mean that foreign teams coming to Tibet for mountaineering activities must abide by the laws, regulations and regulations of the People's Republic of China and their lawful rights and interests shall be protected by the laws of the People's Republic of China."
5. Article 6 is amended as "The People's Government of the Tibet Autonomous Region shall exercise unified leadership and management of foreigners in mountaineering activities in the territory of the Tibet Autonomous Region.
The administrative department of sports of the People's Government of the Tibet Autonomous Region is responsible for the implementation of these Regulations and for the unified management of mountaineering activities in the Tibet Autonomous Region. The administrative department of sports of the People's Government of the Tibet Autonomous Region may authorize the Tibet Mountain Autonomous Region Mountaineering Association to specifically manage the mountaineering activities in the Tibet Autonomous Region.
The county and township people’s governments and relevant departments where the mountain peaks are located assist in the management and service of mountaineering activities. â€
6. The tenth article is amended to read: "The administrative department of sports of the People's Government of the Tibet Autonomous Region shall, after receiving an application for a mountaineering activity of a foreign team or a Chinese and foreign joint team of the Tibet Mountain Association Mountaineering Association, make a decision of approval or not within 60 days, and Inform the applicant of the form."
7. Article 14 is amended to read: "After cancelling the mountaineering activity due to its own reasons after the foreign team has paid the mountaineering registration fee, the registration fee paid will not be refunded and the mountaineering permit collected will be voided, and the execution will be terminated. The protocol."
8. If Article 20 is amended to read "Foreign team members who are accompanying scientific surveys or surveying on mountaineering, they must apply for a scientific survey or surveying plan at the same time they apply for the mountaineering. The sports administrative department of the People's Government of the Tibet Autonomous Region shall report to the relevant departments of the Tibet Autonomous Region for approval."
9. Article 27 is amended as "Foreign teams who violate the provisions of Articles 23 and 25 of the present Regulations shall be warned by the administrative department of sports of the People's Government of the Tibet Autonomous Region in accordance with the circumstances and be sentenced to more than 5,000 yuan and 50,000 yuan. The following fines shall be used to terminate the mountaineering activities and revoke the mountaineering permits; illegal collection and collection of specimens, samples, fossils, and materials shall result in the confiscation of all specimens, samples, fossils, and data collected and collected."
X. Article 28 is amended to read: "The staff of the administrative department of sports of the People's Government of Tibet Autonomous Region and the liaison personnel assigned by the Mountaineering Association of the Tibet Autonomous Region have violated the provisions of these Regulations, and have neglected their duties, abused self-interference, and greed laws. If the department gives an administrative penalty or an economic penalty and violates the criminal law, it shall be investigated for criminal responsibility according to law; if the Chinese collaborators violate the provisions of the agreement and cause loss or damage, they shall bear civil liability according to law."
XI. Article 29 is amended to read: “If the party disagrees with the administrative penalty decision, he shall apply for administrative reconsideration or file an administrative lawsuit in accordance with the Administrative Reconsideration Law of the People's Republic of China and the Administrative Procedure Law of the People’s Republic of China. If the reconsideration fails to lodge an administrative lawsuit and fails to perform the administrative punishment decision, the organ that has made the administrative penalty decision may apply to the people's court for enforcement."
12. Article 30 shall be amended to read "The problems in the implementation of this Regulation shall be interpreted by the People's Government of the Tibet Autonomous Region."
In addition, the text of some provisions has been amended accordingly.
The “Regulations on the Management of Mountain Climbing for Foreigners to Tibet by the Tibet Autonomous Region†shall be revised in accordance with this Decision, and shall be re-announced as of the date of promulgation.
May 7, 1994
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