国办函199850号(October 18, 1998)
颁布日期:19981018 实施日期:19981018 颁布单位:国务院办公厅
Since promulgation1 and coming into force of the National Flag Law of the People's Republic of China(hereinafter referred to as the National Flag Law for abbreviation), most of enterprises, institutions and organizations can hoist2 and use the National Flag in accordance with the National Flag Law and "The Rules of the Ministry3 of Foreign Affairs of the People's Republic of China on Foreign-related Hoisting4 and Use of the National Flag" (hereinafter referred to as the Rules for short). However, there are some enterprises and institutions, especially enterprises with foreign investment in hoisting and using the National Flag violate the relevant rules. The phenomenon that some Chinese-foreign joint5 ventures only hoist the National Flag of the country to which the foreign party belongs at the front entrance, and some of them fail to put the National flag of China at the center or the first place in simultaneous hoisting the national flag of China and the national flag of the foreign country has brought about an adverse6 effect among the masses. The National Flag is the symbol and mark of the country, and it represents the sovereign rights and dignity of the country. In order to safeguard the sovereign rights and dignity of our country, and to strengthen the management of the hoisting and use of the National Flag by enterprises with foreign investment, the relevant particulars are hereby notified as follows pursuant to the National Flag Law and the relevant stipulations:
1. The National Flag of China and the National Flag of the country to which the foreign party concerned belongs can be hoisted7 simultaneously8 at the foundation-laying, the starting business, the inauguration9 ceremony and celebrations of the projects of economic assistance by foreign governments, large-scale Chinese-foreign joint ventures and Chinese-foreign enterprises with cooperative business operations and foreign-capital enterprises (hereinafter referred to as enterprises with foreign investment for abbreviation) are held.
2. When an enterprise with foreign investment hoists10 the respective foreign national flag in normal time outdoors or at a public place, it can only hoist the national flag of the country that has established foreign relation with China and it must hoist the national flag of China simultaneously. If it is necessary to raise the National Flag of the country which has no diplomatic relations with China, instructions should be sought from the Ministry of Foreign Affairs by the foreign affair offices of the people's governments of provinces, autonomous11 regions and municipalities directly under the Central Government.
3. When an enterprise with foreign investment hoists simultaneously the national flag of China and national flag of the country to shish the foreign party belongs, it must put the national flag of China at the first place or the center. When an enterprise with foreign investment raises the national flag of China and its enterprise flag, it must put the national flag of China at the center, at a higher or prominent position.
4. The foreign affairs offices of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government should strengthen supervision12 and management on the hoisting and use of the national flag by enterprises with foreign investment and order those enterprises with foreign investment which violate the relevant rules on the hoisting and use of the national flag to make a rectification13.