Xinhua News Agency, Beijing, November 5
Decision of the State Council on Amending and Repealing Certain Administrative Regulations
In order to implement the Party Central Committee's decision-making and deployment on rectifying formalism and reducing the burden on the grassroots, streamline and optimize the existing administrative regulations related to the preparation of special plans for the grassroots, prevent and correct formalism in the preparation of plans, effectively reduce the burden on the grassroots, and implement the reform spirit of the party and state institutions, in conjunction with the "Chinese People's Liberation Army" The Ecological Environment Code of the People's Republic of China, the Food Security Law of the People's Republic of China, the Regulations on the Procedure for the Formulation of Administrative Regulations and other relevant provisions of laws and administrative regulations are well connected to ensure the systematicness, integrity, synergy and timeliness of legislation. The State Council has sorted out the administrative regulations involved. After cleaning up, the State Council decided:
1. Modify some provisions of 14 administrative regulations. (Attachment 1)
2. The four administrative regulations will be abolished. (Attachment 2)
This decision shall come into effect from the date of promulgation.
Attachment: 1. Administrative regulations decided to amend by the State Council
2. Administrative regulations decided to be abolished by the State Council
Attachment 1
Administrative regulations revised by the State Council
1. Amend the second item of Article 12 of the "Regulations on the Implementation of the Archives Law of the People's Republic of China" to read: "(2) Formulate the archives work system specifications for this administrative region, prepare the archives development plan for this administrative region according to actual needs, and organize its implementation."
2. Paragraph 4 of Article 4 of the "Regulations on Drug Treatment" is revised to read: "The health administrative departments of local people's governments at or above the county level are responsible for the supervision and management of drug treatment medical institutions, and together with the public security organs, judicial administration and other departments, clarify the requirements for the establishment and management of drug treatment medical institutions in the medical institution establishment plan, and provide guidance and support for drug treatment medical services."
3. Paragraph 1 of Article 18 of the "Regulations on Disability Prevention and Rehabilitation of Disabled Persons" is revised to read: "People's governments at or above the county level shall rationally arrange rehabilitation institutions, establish public welfare rehabilitation institutions, and incorporate the establishment of rehabilitation institutions into basic public service system planning based on the number, distribution, and rehabilitation needs of disabled people in their respective administrative regions."
4. Amend the “Plan for Restoration and Reconstruction of Residential Housing” in Paragraph 1 of Article 19 of the “Regulations on Natural Disaster Relief” to the “Plan for Restoration and Reconstruction of Residential Housing”.
5. Amend Article 21 of the "River Management Regulations of the People's Republic of China" to read: "Within the scope of river management, the use of water areas and land shall comply with the requirements for river flood control, water conveyance and navigation."
Paragraph 2 of Article 27 is revised to read: “Reclamation of rivers is prohibited.”
Item 6 of Article 44 is revised to read: "(6) Reclamation of lakes and rivers."
6. Amend Article 9 of the "Seismic Monitoring and Management Regulations" to read: "The preparation of seismic monitoring network layout plans should adhere to the principles of scientific rationality and resource sharing, and coordinate with land spatial planning."
Article 10 is revised to read: “The overall layout of the national seismic monitoring network and the layout plan of the national seismic monitoring network shall be formulated and organized for implementation by the department in charge of earthquake work under the State Council.
“The provincial seismic monitoring network layout plan shall be formulated and implemented by the departments responsible for managing earthquake work under the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government based on the overall layout of the national seismic monitoring network.
"The seismic monitoring network layout plan at the districted city and county level shall be formulated and implemented by the department responsible for managing earthquake work of the people's government at the districted city and county level based on the provincial seismic monitoring network layout plan."
Delete Article 11.
The "overall land use planning and urban and rural planning" in Article 31 is changed to "land spatial planning".
7. Add a paragraph to Article 3 of the "Implementation Rules of the Metrology Law of the People's Republic of China" as the second paragraph: "The metrological administrative department of the State Council and the metrological administrative department of the provincial people's government formulate development plans for the metrological undertaking."
The second item of Article 23 is revised to read: "(2) Establish measurement benchmarks and public measurement standards for society, and organize the transfer of quantities."
Article 59 is deleted.
8. Amend the first paragraph of Article 10 of the "Regulations on Water Conservation" to read: "Relevant departments of the State Council shall, in accordance with the division of responsibilities, prepare national water conservation plans in accordance with the national economic and social development plan and the national water resources strategic plan. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall organize the preparation of water conservation plans in their respective administrative regions based on the needs of economic and social development, water resources conditions and the national water conservation plan."
9. Amend Article 4 of the "Regulations on the Construction of Barrier-free Environments" to read: "People's governments at or above the county level shall incorporate the construction of barrier-free environments into national economic and social development plans."
10. Amend "Water Law of the People's Republic of China" and "Water Pollution Prevention and Control Law of the People's Republic of China" in Articles 7 and 56 of the "Taihu Lake Basin Management Regulations" to "Ecological and Environmental Code of the People's Republic of China" and "Water Law of the People's Republic of China".
Delete the second paragraph of Article 10.
Delete the first item of Article 60.
In Article 63, "the provisions of Article 74 of the "Water Pollution Prevention and Control Law of the People's Republic of China"" are changed to "the provisions of the "Ecological Environment Code of the People's Republic of China".
In the second paragraph of Article 67, "the provisions of Article 66 of the "Water Law of the People's Republic of China"" are changed to "the provisions of the "Water Law of the People's Republic of China".
11. Amend Article 22 of the "Land Reclamation Regulations" to read: "The land and resources departments of the people's governments at or above the county level shall, on the basis of investigation and evaluation, determine the key areas for land reclamation as well as the objectives, tasks and requirements of land reclamation in accordance with the land spatial planning, and organize implementation after reporting to the people's government at the same level for approval."
Paragraph 2 of Article 24 is revised to read: “The land and resources administrative departments of the people’s governments at or above the county level shall determine annual reclamation projects based on the objectives, tasks and requirements of land reclamation and the annual land reclamation fund arrangements.”
12. Amend the "Immigration Management Agency of the Three Gorges Project Construction Committee of the State Council" in Article 7 of the "Regulations on Immigration for the Construction of the Yangtze River Three Gorges Project" to "the agency of the State Council responsible for the management of resettlement for the construction of the Three Gorges Project (hereinafter referred to as the Three Gorges Immigration Management Agency)".
Delete the second paragraph of Article 8.
The "Resettlement Management Agency of the Three Gorges Project Construction Committee of the State Council" in Article 8, Paragraph 3, Article 9, Paragraph 4, Article 35, Paragraph 2, Article 37, Article 38, Paragraph 1, and Article 60 are changed to "Three Gorges Resettlement Management Agency".
Delete the second and third paragraphs of Article 9.
Paragraph 1 of Article 18 is revised to read: “The relocation of rural residential areas shall be based on local conditions to facilitate production and life.”
Paragraph 1 of Article 19 is revised to read: “For urban relocation, the specific locations of public buildings and various infrastructure that need to be relocated shall be determined.”
The "provisions of the Planning Outline" in Article 27 are changed to "relevant provisions".
Article 29 is revised to read: "Relevant local people's governments shall strengthen the management of capital construction in the flooded areas of the Three Gorges Project. No unit or individual may build, expand or reconstruct projects below the flood line without authorization."
Article 30 is revised to read: "Relevant public security agencies in the Three Gorges Reservoir area should strengthen household registration management in the inundated areas and strictly control the migration of people from non-inundated areas into the inundated areas. The state is not responsible for the relocation and resettlement of people who move in due to birth, marriage, job transfer, military veterans, graduation assignments from colleges and universities, secondary vocational and technical schools, and release after serving their sentences, and are approved by the public security organs of the people's government at or above the county level. The state is not responsible for the relocation and resettlement of people who move in without permission for other reasons."
“Administrative sanctions” in Articles 55, 59, 60, 61 and 63 are changed to “disciplinary sanctions”.
The "Environmental Protection Law and Soil and Water Conservation Law" in Article 62 are revised to "The Ecological Environment Code of the People's Republic of China and the Soil and Water Conservation Law of the People's Republic of China".
13. Delete Articles 13, 14 and 15 of the "Regulations of the People's Republic of China on Drought Control".
14. Paragraph 2 of Article 49 of the "Grain Circulation Management Regulations" is changed to Article 50, and revised to read: "After the food emergency plan is launched, anyone who fails to undertake emergency tasks in accordance with national requirements and fails to obey the unified arrangements and dispatches of the country shall be punished in accordance with the provisions of the Food Security Law of the People's Republic of China."
In addition, the serial numbers of articles in relevant administrative regulations will be adjusted accordingly.
Attachment 2
Administrative regulations decided to be abolished by the State Council
1. Regulations on the limit of liability for maritime passenger transportation between ports of the People's Republic of China (approved by the State Council on November 20, 1993 and issued by the Ministry of Communications Order No. 6 on December 17, 1993)
2. Management Measures for Forest and Wildlife Nature Reserves (approved by the State Council on June 21, 1985 and announced by the Ministry of Forestry on July 6, 1985)
3. Regulations on the Safety Management of Hazardous Chemicals (announced by Order No. 344 of the State Council of the People's Republic of China on January 26, 2002, revised for the first time in accordance with Order No. 591 of the State Council of the People's Republic of China on March 2, 2011, and revised for the second time in accordance with the "Decision of the State Council on Amending Some Administrative Regulations" on December 7, 2013)
4. Regulations on Post-Wenchuan Earthquake Restoration and Reconstruction (Promulgated by Order No. 526 of the State Council of the People's Republic of China on June 8, 2008)
