Xian Municipal Government Decisions On The Amendment And Repeal Some Government Regulations

Original Language Title: 西安市人民政府关于修改和废止部分政府规章的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399328.shtml

Xian municipal government decisions on the amendment and repeal some government regulations (January 20, 2014 municipal 76th 113th Executive meeting January 27, 2014 in XI ' an city people's Government announced come into force on the date of promulgation) in order to advance the reform of administrative examination and approval system and transformation of government functions according to law, the Municipal Government to clean up the prevailing government regulations.

    After cleaning, the city decided to: 19 Government of some provisions of the regulations be amended, repealed 3 Government regulations.

    Part provisions, amended 19 government regulations

(A) of the implementation measures for the funeral of XI (March 5, 1990 in XI ' an city people's Government issued on April 20, 2000 on adaptation in XI ' an city of Xian municipal decision amended to implement measures for the management of funeral and interment on August 15, 2004 on adaptation in XI ' an city of Xian municipal funeral and decided to implement measures for the management of correction) 1.

In the fourth paragraph of "Hong Qing Zhen Di Zhaixiang" changed to "di village sub-district offices and Hong Qing Street". 2.

In the sixth paragraph of "buried outside the cemetery without authorization, once discovered, by order of the village Committee Chief mourner demolish" deleted. 3. 12th "body transport business within the area hosted by the funeral home cremation.

Any other body units and individuals are not allowed to contract deliveries "to delete. 4.

13th "demolish" modifications, "deep", and "fails to move from interment Administrative Department urge the departments concerned to demolish" deleted. 5. Article 14th is amended as: "prohibition of the production and sales of superstitious funeral supplies, banning the sale of coffins, cremation burials in supplies.

” 6. 15th article is revised as follows: "operational ashes cemetery shall, in accordance with the relevant provisions of the approval procedures, without approval, are not allowed to establish.

” 7. Article 17th is amended as: "the cremated remains should be buried, or in places other than public cemeteries in rural cemetery and buried the remains, built the Tomb, by the Civil Administration Department rectification.

” 8.

Deletion of article 18th. 9. The 21st is revised as follows: "production and sales of superstitious funeral supplies, by the district administrative authorities and the Administration for industry and commerce shall be confiscated, and a production and sales amount more than 1 time fined a maximum of 3 times.

” 10. 22nd is amended as: "unauthorized, unauthorized construction of funeral facilities, the district administration together with the building, the land administrative departments shall be banned, and ordered to make restitution, with illegal gains more than 1 time fined a maximum of 3 times.

” 11.

The 23rd article deleted. 12.

    The 26th in the "People's Republic of China public security administration punishment regulations" is amended as "People's Republic of China Law on administrative penalties for public security." (B) the management of motor vehicle repair industry of XI (September 1, 1992 in XI ' an city people's Government issued on November 22, 1999, XI XI ' an, the modification of the people's Government of the provisional regulations on the management of automobile maintenance industry decision amended on August 15, 2004 in XI ' an city of XI ' an, the modification of the people's Government of the provisional regulations on the management of automobile maintenance industry decision amended on March 20, 2008 on adaptation in XI ' an city people's Government

XI ' an automobile maintenance industry decision amendments to regulations on November 3, 2010 on adaptation of Xian municipal labor insurance fund and manpower management in the construction industry in XI ' an interim measures decision amended 55 regulations)

    13th "should be managed by a road transport agency, with the corresponding qualification of maintenance maintenance the maintenance operator" deleted.

(Three) Xian City construction labor insurance fund industry and manpower management approach (May 4, 1994 Xian City Government released according to November 22, 1999 Xian City Government on modified straddling Xian City building labor insurance fund industry and Manpower Management provisional approach of decided amendment according to November 3, 2010 Xian City Government on modified straddling Xian City construction labor insurance fund industry and Manpower Management provisional approach, 55 pieces regulations of decided Amendment) 1.

The 15th article in the "labour" is amended as "Department of human resources and social security." 2. Article 17th is amended as: "labor insurance fund to the building industry, all units and individuals have no right to relief, the owner must be paid according to the required standards. Against those who refused to pay, apply to a court for mandatory enforcement according to law by the municipal construction Administrative Department, and added late fees in accordance with law.

    ”

(D) management of the XI ' an city of dangerous buildings (September 6, 1994 in XI ' an city people's Government issued November 22, 1999, the modification of XI ' an city of XI ' an municipal risk management decision to amend the way November 3, 2010, on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations) 1.

The eighth article deleted. 2.

The tenth article, third paragraph be deleted. 3.

    25th article deleted.  (Five) Xian City building market management approach (April 25, 1996 Xian City Government released according to November 22, 1999 Xian City Government on modified straddling Xian City building market management approach of decided amendment according to August 15, 2004 Xian City Government on modified straddling Xian City building market management approach of decided amendment according to March 20, 2008 Xian City Government on modified straddling Xian City building market management approach of decided amendment

November 3, 2010, on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations) 1.

The fifth section of "units and individuals engaged in construction business registration and authentication work in the construction and operation of the contracts" to delete. 2.

The 15th article in the "validated" deleted. 3.

In the 20th, "preparation of the bid by the construction Administration Department, recognized, can serve as a formal bid" to delete. 4. 21st article fourth amended as: "the construction project contract construction administrative departments for the record should be.

    ”

(Vi) construction project in XI ' an urban construction fee is imposed by the uniform policy (published December 26, 1996 in XI ' an city people's Government) 1.

Under article III, fourth paragraph, 15th, 16th "Construction Committee of XI" is amended as "municipal construction Administrative Department." 2.

The fourth article of the "management of urban construction expenses from extrabudgetary funds" is amended as "management of urban construction costs into the budget". 3.

The sixth article deleted. 4.

The seventh section. 5.

In the Nineth "Xian development zone management committee, economic and technical development zone management committee, Management Committee of Qujiang tourism holiday zone" is amended as "DCMA" and "municipal construction Commission" is amended as "municipal construction Administrative Department." 6. Article 14th is amended as: "not satisfied with the decision of the parties, may apply for administrative reconsideration or bring an administrative suit. If no application for reconsideration does not sue nor performs the decision on punishment, according to law by the Department made the decision apply to the people's Court for compulsory execution.

    ” (VII) of the XI river management measures (October 5, 1997 municipal people's Government issued on April 15, 2002, Xian municipal people's Government, the modification of the XI river management measures for the implementation of decision amended on August 15, 2004 on adaptation of the XI River in XI ' an city people's Government decided to implement measures for the management of correction on adaptation on November 3, 2010, in XI ' an city people's Government

Labor Insurance Fund and manpower management in the construction industry in XI ' an interim measures decision amended 55 regulations) 1.

In the first "of the levee project in Shaanxi Province regulations" is amended as "river management in the Shaanxi Province Ordinance". 2.

Article fourth amended as: "the river training and construction should be subject to integrated watershed planning and flood prevention plan, meet the national standard of flood control, navigation and other relevant technical requirements and maintenance of river training works security, maintaining the stability of river and flood discharge and smooth navigation. Towns and river management within the development shall not be occupied beach. Town planning of river boundaries, determined by the water conservancy administrative departments of urban construction department. Preparation and review of town planning along the River, he shall first seek the views of the water conservancy Administrative Department.

” 3. Will fifth article first paragraph modified for: "in river management range within built water engineering and across River, and wear River, and linhe, and wear di of construction project and the facilities, units must will engineering construction programme submitted has management right of water administrative competent sector review agreed Hou, party can according to capital program perform approval procedures, and sought construction project location of district water administrative competent sector of views.

” 4.

The tenth article of the "water," "delete, and the second paragraph in the" river management rights, approved by the management authority, after obtaining a water license "is amended as" shall obtain a water permit ". 5. The 16th is revised as follows: "no units or individuals shall not be arbitrarily cut Bank protection forest. Harvesting trees in the revetment of the berm, licensing procedures shall go through the harvesting, and to complete the update to replant the task.

    ”

(VIII) implementation of XI ' an city People's Republic of China against unfair competition law policy (April 14, 1999 in XI ' an city people's Government issued on November 3, 2010 on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations) 1.

22nd article deleted. 2.

    Article 29th of "compulsory execution or" deleted.
(IX) implementation of XI ' an city People's Republic of China Law of soil and water conservation measures (May 13, 1999 in XI ' an city people's Government issued on August 15, 2004 on adaptation in XI ' an city of Xian municipal implementation of People's Republic of China decided to approach the soil and water conservation law revision of November 3, 2010, on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations)

1. The article is changed to: "in the mountains, hills, wind and other regions prone to soil erosion of the soil and water conservation plans offering potential soil and water loss in construction project, production unit shall prepare a soil and water conservation plan, submitted to the municipal, district and county people's Government approval of the water conservancy Administrative Department, and in accordance with an approved water and soil conservation programmes, taking soil and water loss prevention and control measures. Incapable of compiling water and soil conservation programmes, should be entrusted with the appropriate technical conditions of preparation.

” 2. 12th amended as: "production and construction of water and soil conservation plan shall be compiled by law items, production units are not compiling water and soil conservation scheme, or soil and water conservation program has not been approved by the water conservancy Administrative Department, production and construction shall not commence the construction of the project.

” 3.

The 15th article deleted. 4. The 16th is revised as follows: "the law shall prepare a soil and water conservation construction project contract or tendering, contracts or tenders shall include soil and water conservation, and soil conservation programmes in accordance with the provisions and approval procedures.

” 5.

Article 18th is revised as follows: "law should be compiling water and soil conservation scheme of soil and water conservation in the construction and production of project facilities, simultaneously with the principal part of the project should be designed, constructed and put into operation simultaneously; production of construction project completion and acceptance, acceptance of soil and water conservation facilities, acceptance or unqualified acceptance of soil and water conservation facilities, production and construction projects shall not be put into use. City, district and county people's Government for water administration departments will be expected to perform checks on the implementation of the construction project of soil and water conservation programme, identify problems and deal with.

    ”

(10) of the XI ' an city, urban workers ' basic medical insurance schemes (September 22, 1999 in XI ' an city people's Government issued on November 3, 2010 on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations) 1.

In the 42nd, "except to pay the owed amount, from the date of default of payment, plus 2 per thousand of the unpaid amount per day late fee, late fee into the basic medical insurance fund," amended to read "except to pay the owed amount, from the date of default of payment, plus late fees in accordance with law." 2.

The 44th article of the "plus 2 of the late fee on a daily basis outside" amended to read "plus late fees in accordance with law". 3.

    Article 34th, 46th and 47th in the "price" is amended as "price"; in the 39th, 50th, 54th, "labour" is amended as "human resources and social security."

(11) social insurance contributions, the XI ' an city of administrative measures on tax collection and payment (April 28, 2000 in XI ' an city people's Government issued on November 3, 2010 on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations) 1.

22nd article in the "overdue payments, the tax authorities to the payer Bank issued the notification of XI ' social insurance deductions, transfer directly from the payer account" deleted. 2.

    The 26th article of the "subject to 2 per thousand from day to late fees, late fees into the social security fund" is amended as "plus late fees in accordance with law."

(12) the proportional arrangement of implementation measures for the employment of people with disabilities in XI (December 22, 2000 9th in XI ' an city people's Government announced on November 3, 2010 on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations)

    15th "on a daily basis plus late fees of 5 per thousand" amended to read "plus late fees in accordance with law." (13) the prohibition of transport of toxic chemicals in XI ' an city traffic regulations via national highway 108 in heihe River basin (May 10, 2001 in XI ' an city people's Government announced on March 20, 2008, 13th on adaptation in XI ' an city of Xian municipal vehicle prohibition of transport of toxic chemicals by the 108 national highway traffic in heihe River basin decision amended the interim provisions on adaptation on November 3, 2010, in XI ' an city people's Government

Labor Insurance Fund and manpower management in the construction industry in XI ' an interim measures decision amended 55 regulations)

    In the Nineth "prohibited vehicles to be detained and" deleted.

(14) of the XI ' an idle land treatment measures (April 4, 2003 in XI ' an city people's Government, the 10th release on November 3, 2010 on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations)

    The eighth section.

(15) the provisions on prohibited posting graffiti in XI (January 5, 2005 53rd in XI ' an city people's Government announced on November 3, 2010 on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations)

    12th "telecommunications unit shall suspend services provides telecommunications services for their illegal activities" is amended as "telecommunications services should be dealt with according to law" and "in serious cases, in accordance with the relevant provisions of reeducation-through-labor;" deleted.

(16) the measures on sand mining management in the XI ' an City (June 11, 2005 in XI ' an city people's Government, the 56th released on November 3, 2010 on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations) 1.

Article 19th in the "temporary suspension of illegal sand mining machinery" to delete. 2. The 23rd is revised as follows: "disobey article 17th, not paying sand resource fees can be validly charged late fees.

    ”

(17) the management of weather in XI (August 26, 2005 in XI ' an city people's Government, the 58th release) The article is changed to: "organizations involved in artificial weather modification, shall obtain the qualification certificate. Apply for eligibility certificate shall apply to the municipal meteorological authorities, meteorological departments in accordance with the regulations of the program issued by the meteorological departments reported to the province.

    ”

(18) the measures for the protection of wages for rural migrant workers in XI ' an (February 2, 2007 65th in XI ' an city people's Government announced on November 3, 2010 on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations) The 13th is revised as follows: "construction enterprises shall, before going through the procedure of the construction permit, in accordance with 2% the proportion of deposits does not exceed the construction cost payment of wages for rural migrant workers deposit ratio from human resources and social security administrative departments and construction administrative departments under the construction project cost and farmer workers determine.

    ”

(19) the XI ' an city road management of overhead cable landing (published July 26, 2010 Xian municipal people's Government, the 88th)

In the 22nd, "by the municipal administrative departments shall organize a demolition, the costs borne by the cable ownership units" changed to "by the municipal administration to apply to a people's Court for compulsory execution."

    In addition to the above mentioned provisions of relevant government regulations order adjusted accordingly.

    Second, the abolition of 3 Government regulations (A) Xian City copy industry management approach (June 13, 1987 Xian City Government released according to November 22, 1999 Xian City Government on modified straddling Xian City copy industry management provisional approach of decided amendment according to August 20, 2002 Xian City Government on modified straddling Xian City copy industry management provisional approach of decided amendment according to March 20, 2008 Xian City Government on modified straddling Xian City copy industry management provisional approach of decided

    Amended on November 3, 2010 on adaptation in XI ' an city of Xian municipal labor insurance fund and manpower management in the construction industry, such interim measures decision amended 55 regulations) (B) the management of transportation and handling in XI (October 5, 1988 in XI ' an city people's Government issued on November 22, 1999 on adaptation in XI ' an city of Xian municipal transportation and handling decision amendments to interim measures for the Administration on August 15, 2004 on adaptation in XI ' an city of Xian municipal transportation and handling decision amendments to interim measures for the Administration on adaptation on November 3, 2010, in XI ' an city people's Government

    Labor Insurance Fund and manpower management in the construction industry in XI ' an interim measures decision amended 55 regulations)

(C) the management of construction waste in XI (April 15, 2003 15th release of XI ' an municipal) This decision shall come into force as of the date of.