State Forestry Administration Decision On Abolishing And Modifying Some Rules

Original Language Title: 国家林业局关于废止和修改部分部门规章的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349591.shtml

State Forestry Administration decision on abolishing and modifying some rules

    (January 25, 2011 the State forestry administration released 26th come into force on the date of promulgation) under the People's Republic of China Law of legislation and the relevant provisions of the State Council, I Board to clean up the existing regulations of the Department names names is not standard, the regulations refer to laws and regulations are inconsistent and clearly does not meet the legal requirements of the following regulations shall be repealed or modified:

First, the repeal of regulations

    Forestry systems internal audit requirements (April 2, 1996 the Ministry of forestry, 7th)

Second, modify some provisions of the regulations

(A) on the following departmental regulations relating to administrative licensing provisions modified

1. plant quarantine regulations implementing regulations (forestry part) (July 26, 1994, Forestry Department, 4th) (1) article 12th amended as "production, management of forest plant quarantine and its product units and individuals, should be prior to the production and management of local forest inspection record, and during production or transportation applications to local forest inspection quarantine before. Quarantine, of the quarantine certificate issued by the forest inspection agency; not passed quarantine inspection, by the forest Inspection Agency issued a quarantine notice.

Quarantine requirements in accordance with the provisions of the technical specification of forest plant quarantine in China ". (2) modify the 18th to "forest inspection authority shall accept quarantined within 20th of quarantine applications and issuing quarantine certificates.

Cannot make a decision in the 20th, forest inspection agency permission from forestry authorities in charge, you can extend the 10th, and inform the applicant. "

(3) the 23rd article in the "forest Inspection Office shall receive according to relevant regulations of the Ministry of forestry in the 30th after introduction of an application for approval of" amended to read "forest inspection authority shall accept the introduction of applications made in the 20th."

2. tree seed production and business license management (November 2, 2002 the State Forestry Administration, 5th)

(1) article tenth of the "forestry administrative departments of the people's Governments above the county level shall be in receipt of the application or within 15 working days from the date of the audit materials" is amended as "forestry administrative departments of the people's Governments above the county level shall, from the date of acceptance in the 20th."

(2) delete article 16th.

(3) delete paragraph 18th "examination materials".

3. the administrative measures for the national key protected wild animal domestication and breeding licenses (January 9, 1991 the Ministry of forestry issued)

The fifth article is changed to "approve of domestication and breeding of wildlife, make a decision on the administrative license shall be issued by the competent administrative Department of Forestry of the domestication and breeding licenses."

(B) on the following departmental regulations relating to administrative review provisions modified

Plant quarantine rules for the implementation of the Regulation (forestry part) (July 26, 1994, Forestry Department, 4th)

The 32nd in the "party at the forest inspection agency refuses to accept the decision on administrative penalty, from the date of receiving notice in the 15th, made the decision on administrative penalty of Sen parent body for reconsideration of the inspection bodies" is amended as "parties of the forest inspection agency refuses to accept the decision on administrative penalty, he may, within 60 days from the date of receiving the notice of administrative reconsideration."

(C) on the following departmental regulations relating to "expropriation" provision amended

1. the measures for the administration of registration of ownership of trees and woodlands (1th of December 31, 2000, State Forestry Bureau) article seventh revised as "forest land expropriation and requisition in accordance with law, occupying or due to other causes of forest loss, former forestry property right holder shall apply to the original registration organ for cancellation of registration".

2. the measures for the management of occupied forestland audit approval (January 4, 2001 the State Forestry Administration, 2nd) amending for the expropriation and requisition of forest land occupied and approval regulations; the first, second, third, fourth, fifth, tenth, 11th, 15th and 16th in the "expropriation" is amended as "expropriation and requisition."

3. the management of forest park (December 11, 1993 the Ministry of forestry, 3rd) in the 13th "expropriation" is amended as "expropriation and requisition."

4. the management measures of special protection forest belt of coastal States (November 13, 1996 the Ministry of forestry to 11th) at its 11th, 12th and 13th in the "expropriation" is amended as "expropriation and requisition."

(D) on the following departmental regulations referenced in laws and administrative regulations or provisions revised provisions that do not correspond to the upper law amended

Tree species to promote the use of management practices (June 15, 1997 the Ministry of forestry, 13th)

(1) article in the "People's Republic of China seed regulations" is amended as "People's Republic of China seed law".

(2) the 11th article is changed to "national afforestation project investment or investment by the State unit of State-owned forestry and afforestation, forestry administrative departments shall, in accordance with the plan to use improved varieties of forest tree, the implementation of management by objectives, towards afforestation seeds."

(3) delete 12th, 13th, 19th and 22nd.

(4) the 17th article is changed to "national investment or investment-oriented afforestation by the State projects and State-owned forestry planting, use of improved varieties of forest tree as acceptance should be content."

(5) in the article 20th "falsification of the tree species of the certificate or the certificate of good seedling" is amended as "fake tree seed certification".

(E) the following provisions of the regulations relating to administrative charges to make changes

1. plant quarantine regulations implementing regulations (forestry part)

The 16th article of the "no quarantine fees, accept certificate fee only" changed into "no quarantine fees and certificate fee".

2. the administrative measures for the national key protected wild animal domestication and breeding licenses Delete the 13th section of "when they issued the domestication and breeding licenses, it would be appropriate to charge, fees.

Charges by the Government of the provinces, autonomous regions and municipalities directly under the forestry administrative departments, reported that prices at the same level, financial Department, and reported to the Ministry of forestry ".

(Vi) the following provisions of the regulations relating to administrative approval reform changes

1. plant quarantine regulations implementing regulations (forestry part) To modify the article 25th to "the forest inspection object of study, not in the object non-outbreak areas for forest clearance.

Due to the teaching and research needs in non-outbreak areas, shall be approved by the forestry authorities of provinces, autonomous regions and municipalities, and to take strict measures to prevent the proliferation ".

2. Standardization of forestry management practices (July 21, 2003 the State Forestry Administration, 9th)

The 11th article the third modification as "summary, coordinated by the State Forestry Administration, organizing the implementation of annual forestry industry standard project plan."

3. the People's Republic of China implementing rules for the regulations on the protection of new varieties of plants (forestry part) (August 10, 1999, State Forestry Administration 3rd)

(1) delete the eighth article.

(2) modify the 14th to China "and the right of individual application, direct or authorize the Agency to apply to the State Forestry Administration".

    (3) modify the 16th to "foreigner, foreign enterprise or other foreign organization to submit to the State Forestry Administration variety right application and with the rights of other varieties, shall entrust the Agency." Third, this decision shall come into effect as of the date.