(July 11, 1997 at the 60th Executive meeting of the State Council on July 21, 1997, People's Republic of China promulgated by Decree No. 225, released on November 9, 2012 People's Republic of China promulgated by Decree No. 628, promulgated by the State Council as of January 1, 2013 on modifying and abolishing some administrative rules and decision amended) Chapter I General provisions
First in order to strengthen the management of funeral to promote reform of funeral and interment and promote socialist spiritual civilization construction, this Ordinance is enacted.
Second funeral management policy are: actively and systematically the implementation of cremation, burial of reform, cloud save land, get rid of funeral customs, promote civilization frugal funeral. Article III of the Civil Affairs Department under the State Council in charge of the national funeral management.
Local people's Governments at or above the county level Funeral Home Affairs Department is responsible for the administrative management.
Article fourth populated areas, less arable land, traffic convenient, should carry out the cremation; not equipped to implement a cremation area, allows for burial.
Introduction of the cremation and allows burial area, drawn by the people's Governments of provinces, autonomous regions and municipalities, and district level people's Government departments and departments of civil affairs under the State Council for the record. Fifth article in the introduction of the cremation area, national advocate for the storage of ashes as well as other not accounted for or less land in ashes.
The County and district municipalities and autonomous region people's Government shall formulate cremation planning, building and rebuilding funeral parlour, crematorium, columbarium into urban and rural construction planning and the capital master plan.
Permitted burial area, County and district municipalities and autonomous region people's Government the construction of cemeteries should be incorporated into urban construction planning.
Article sixth respect funeral customs of ethnic minorities; voluntary reform funeral customs, others should not interfere.
Chapter II administration of funeral facilities
Article seventh province, autonomous region or municipality directly funeral home departments shall, in accordance with the boundaries planning and funeral needs, proposed funeral home and crematorium, Columbarium, cemetery, funeral service and funeral facilities of quantity, layout planning, reported the people's Governments at the corresponding level for approval.
Eighth article construction funeral home, and crematorium, by County Government and set district of city, and autonomous Government of home sector proposed programme, reported this level government approval; construction funeral home instrument station, and ashes Hall, by County Government and set district of city, and autonomous Government of home sector approval; construction cemetery, by County Government and set district of city, and autonomous Government of home sector audit agreed Hou, reported province, and autonomous regions, and municipalities Government home sector approval.
Construction of funeral facilities utilizing foreign capital, by the Governments of provinces, autonomous regions and municipalities directly under the civil affairs departments for examination and approval, civil affairs departments of the State Council for examination and approval.
Set public cemetery for the villagers in the countryside, by the township-level people's Governments for examination and approval, the County Civil Affairs Department for approval.
Nineth no unit or individual without approval, no unauthorized construction of funeral facilities.
Rural public welfare cemeteries not the villagers of personnel other than the grave sites.
Prohibits the creation or restoration of clan cemetery.
Tenth prohibits building tombs in the following places:
(A) arable land, forest land;
(B) urban parks, scenic spots and cultural relics protection area;
(C) reservoirs and rivers near dams, and water source protection area;
(D) railways, roads along the main line.
Region within the graves in the preceding paragraph, subject to protection by the State are of historical, artistic or scientific value of the cemetery shall be maintained, a deadline should be migrated or buried, leaving no grave. 11th rigid restrictions on tombs of the cemetery covers an area of and service life.
Under the planning allow burials or allowed to bury the ashes, buried the remains or burial Tomb covers an area of and life of ashes, by people's Governments of provinces, autonomous regions and municipalities in accordance with conservation land, farmland not principle.
12th funeral services unit should strengthen the management of funeral services, renovation and transformation of the old cremation equipment, prevent pollution of the environment.
Funeral service personnel shall comply with the rules and professional ethics, the implementation of standardized services, should not be used to extort money and goods.
Chapter III administration remains and funeral activities
13th body must comply with the following provisions:
(A) the transport body must make the necessary technology to ensure health, prevent pollution of the environment;
(B) cremated remains must be by public security organs or bodies prescribed by the Administrative Department of health under the State Council issued death certificates.
Article 14th mourning activities harm shall not be detrimental to public order, public safety, shall not infringe upon the legitimate rights and interests of others.
15th to allow burial areas, banned at the cemetery and rural welfare anywhere other than the cemetery to bury the remains, building tombs.
The fourth chapter funeral funeral supplies and equipment management 16th cremation machine, body, mortuary refrigerator funeral equipment, must conform to the national standards.
Prohibiting the manufacture, sale of funeral equipment do not meet state technology standards. 17th prohibits the manufacture and sale of superstitious funeral supplies.
Sold area prohibiting the implementation of cremation casket, burial goods.
Chapter fifth penalty
18th without approval of unauthorized construction of funeral facilities, by the home authorities and the building, the land administrative departments shall be banned, and ordered to make restitution, confiscate the illegal income, and may also be illegal income more than 1 time fined not more than 3 times.
19th Tomb covers an area more than provinces, autonomous regions, and municipalities under the standard, a rectification by the home sector, confiscate the illegal income, and may also be illegal income more than 1 time fined not more than 3 times.
Article 20th cremated remains should be buried, or in places other than public cemeteries in rural cemetery and buried the remains, built the tomb and rectification by the Home Department.
Article 21st mourning activities detrimental to public order and endangering public security, infringe upon the legitimate rights and interests of, by the home authorities to stop activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
22nd manufacture, sales of funeral equipment do not meet state technology standards, the civil authorities and the Administration for industry and commerce shall order to stop manufacturing, sales, and manufacturing, sales, 1 time more than 3 times the amount of a fine.
Manufacture and sale of superstitious funeral supplies, be confiscated by the home authorities and the Administration for industry and commerce, and manufacture and sales 1 time more than 3 times the amount of a fine.
23rd funeral service personnel use to extort money and goods, by the Home Department shall order the return constitutes a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles 24th article of the regulations as of the date of promulgation. February 8, 1985, issued by the State Council on funeral and interment management regulations repealed simultaneously.
