People's Government Of Hainan Province, Hainan Province, On Amending The Regulation On Funeral Decisions

Original Language Title: 海南省人民政府关于修改《海南省殡葬管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300385531.shtml

People's Government of Hainan Province, Hainan Province, on amending the regulation on funeral decisions

    (December 14, 2012 consideration at the fifth session of the people's Government of the 85th general meeting of Hainan Province on December 22, 2012, Hainan Provincial people's Government order No. 243 release come into force on the date of promulgation), Hainan Province, provincial people's Government for decision on the burial regulations read as follows:

    First, modify the article 35th to: "violation of the first paragraph of this article seventh without cremation or ashes in a cemetery outside has grave burial, as follows:

    "(A) the body has not been buried, by the home authorities give him a warning and ordered the implementation of cremation;

    "(B) refused to implement the aforesaid decisions shall not enjoy the funeral expenses, the unit may not provide convenience for their funeral activities;

    "(C) the remains had been buried or ashes in a cemetery outside has grave burial, by the home authorities shall order the Chief mourner at 3 months to demolish the grave cremation, or buried on the spot without leaving graves and epitaphs, or their ashes buried in a cemetery or in Columbarium; "(D) on the expiration of refusal to implement the provisions of the preceding paragraph, by the home competent authority the Chief mourner fined 1000 Yuan fine, the recovery has paid the funeral expenses, and period continues.

    ” Two, and the 39th is amended as: "violation of these measures stipulated in article 22nd, 23rd and 24th, illegal occupation of arable land for cemeteries, or move out, demolish the Tomb return migration or redevelopment or illegal behavior such as burial, by the home competent authority a rectification, and fined 1000 Yuan fine each grave.

    ”

    Funeral regulations of Hainan Province on the basis of the present decision be modified accordingly, republished. Report: funeral management in Hainan Province 2012 (revised) (June 4, 1996, 90th release of December 31, 1997, the people's Government of Hainan Province, Hainan Province, the Hainan Provincial people's Government on the modification of funeral and interment management decision amended on August 29, 2010 for the first time, Hainan Province, the Hainan Provincial people's Government on the modification of phytosanitary measures 38 regulations, such as the decision on the second amendment of December 22, 2012

    Hainan Provincial people's Government to amend the funeral management in Hainan Province, the third amendment of the decision)

    Chapter I General provisions

    First to protect the natural environment and land resources, promote economic development and the construction of socialist spiritual civilization, according to the provisions of relevant State laws and regulations, combined with the facts of the province, these measures are formulated.

    The second funeral in this province-wide activities and funeral management, work units and individuals, must comply with these measures.

    Third funeral management approach is positive, systematic implementation of cremation, burial of reform; get rid of superstitious funeral customs, promote civilization, science, frugality, funeral, raise the level of civilized society as a whole; the protection of land resources and the environment.

    Part IV at all levels shall exercise the right of social management of funeral services within their respective jurisdictions, is responsible for implementing the funeral policy, management and reform of funeral and interment and funeral service facilities into the planning of urban and rural infrastructure and the building of spiritual civilization.

    Five civil affairs departments at all levels is the funeral of administrative departments, unified management of funeral work.

    Public security, administration of Justice, Commerce, construction, land, health, finance, pricing, transportation, environmental protection, forestry, labor, personnel and other administrative departments, in accordance with their respective functions and cooperate with civil authorities do the management and reform of funeral and interment work, investigate and deal with violations of funeral and interment.

    Chapter II funeral Division and special management

    Article sixth funeral have been classified into two types of cremation and burial reform areas. Densely populated areas, convenient traffic conditions, with cremation, should be designated for cremation.

    Cremation, and comments by the city, the people's Governments of counties, autonomous counties, and approved by the provincial government, the Ministry of Civil Affairs for the record. Have not yet developed the condition area cremation to burial reform areas.

    Burial reform conversions after the conditions for cremation and the ratification process with the same as in the preceding paragraph. Seventh article in addition to the circumstances provided for in article eighth and Nineth, in the cremation of a dead body should carry out the cremation.

    Promotion of bury the ashes or the Plains (no graves and epitaphs, the same below); allow ashes to be buried in the cemetery or in a columbarium; prohibition of ashes in a cemetery outside has grave burial. In death the remains of burial reform allowed in accordance with the provisions of the burial.

    Burial should be reformed, promoting plain deep burial, while creating conditions for progressive introduction of cremation. Article eighth respect funeral customs of ethnic minorities and religious circles. Death in cremation, burial of its ethnic or religious habits, by cities, counties, autonomous counties home competent authority approval, allowed in designated locations or cemetery for burial.

    Voluntary introduction of cremation of the deceased or their families and should be supported, others should not interfere. Nineth people died in other provinces or outside, should be buried in other provinces or outside, Chief mourner asked the ashes or body to the burial of the province, should apply to the intended final resting place of civil authorities.

    By cities, counties, autonomous counties home authorities determined was buried in the cemetery and the burial.

    Overseas people in the Province died, Chief mourner requests bringing the body out of the country for burial, managed by the seat of the deceased to the funeral in accordance with the relevant provisions of the Beijing Centre for international network services for processing.

    Article tenth of the revolutionary martyrs and tombs of eminent personalities, as well as historical, scientific and artistic value of the geographer, ancestral Tomb (hereinafter referred to as a protected tomb) is protected according to law, no unit or individual shall not be allowed to dig, damage. To transfer of protected due to development and construction of the grave should be approved by the people's Governments above the county level. Is migration of ancestral tombs, shall notify the relatives agreed with regard to the location and funeral matters. About relatives unaccounted for, moving graves notification service. Expiration of 6 months from the date of notice no relatives came to deal with, without the grave his approach. Is the migration of the tomb of revolutionary martyrs, celebrities, in addition to the relatives agreed with regard to the location and funeral matters, should be dealt with properly in accordance with the relevant provisions of the State.

    Is migration of Tomb Raider, in accordance with the relevant provisions of the State.

    Protected graves confirmed by the people's Governments above the county level. 11th overseas calls in this province to repair, migration of ancestral tombs, should apply to departments of cities, counties, autonomous counties, where the home.

    Home after the authorities agreed, and approval of the people's Governments at the same level.

    Chapter III funeral Agency 12th municipalities, counties, autonomous counties should set the funeral.

    Funeral home directly to the competent authority or institution, authorized by this way its funeral services is responsible for managing the area community.

    13th funeral management responsibilities:

    (A) advocacy, implementation of funeral and interment management guidelines, policies and laws and regulations;

    (B) implementation of local people's Governments and civil authorities on management of funeral planning and measures;

    (C) to guide and coordinate the work of funeral service;

    (D) to units and individuals producing and selling funeral supplies management;

    (E) to supervise and inspect the implementation of these measures by units and individuals, for acts in violation of these measures draw attention to civil authorities or other competent administrative authorities for punishment.

    The fourth chapter funeral services

    14th under any of the conditions of cities, counties, autonomous counties should be established for the funeral services of funeral homes and Crematorium and cemetery on the grounds.

    Funeral home, crematory and cemetery is a public service facility, managed by the municipalities, counties, autonomous counties and interment control. 15th running funeral homes, crematories, cemeteries of the applicant should be registered with the industrial and commercial administration departments for approval to obtain business licenses.

    Approved by the administrative departments for industry and Commerce before the registration, it shall seek the views of district authorities.

    Applicants approved by the Administrative Department for industry and commerce registration, shall hold a licence and the relevant materials, land, construction, environmental protection, health and other authorities for land, construction and other procedures. Township and town people's Governments bidding for rural cemetery, by cities, counties, autonomous counties examined and approved by civil affairs departments, issued a certificate of rural cemeteries, the provincial civil affairs departments.

    Rural cemetery is for the Township and town residents ' public cemeteries provide burial services without approval, no foreign business.

    Apply for the foreign business of the rural cemetery, approval procedures in accordance with first to second paragraph of this article shall be followed.

    16th among funeral services, and any other entity or individual may engage in funeral business.

    17th article funeral, funeral home, cremation, cemetery regulations enacted separately by the provincial Civil Affairs Department, business procedures, pricing and standard pricing, financial authorities in conjunction with the provincial civil affairs departments according to the different situations separately.

    18th cemetery established before the implementation of these measures, no registration, and shall, in accordance with the provisions article 15th for a replacement.

    The fifth chapter cemetery management 19th cemetery is dedicated to bury remains of ashes, bones or transfer of public facilities.

    The cemetery should be protected against illegal excavations, damages. Article 20th city, the people's Governments of counties, autonomous counties should be conducive to development, land conservation and environmental protection principles, planning the construction of cemeteries and burial sites.

    Cemeteries should be fully utilized barren land for construction, make green. Article 21st legally belongs to the State or collectively-owned land ownership of the cemetery, cemetery services unit has access. Chief mourner may, in accordance with the prescribed deadlines to cemetery services hire cemetery.

    Other than cemetery services, no unit or individual may not rent, transfer, sale or a disguised sale of the cemetery, the grave. 22nd prohibits land (including individual contractors and private plots) grave. Already in use, should be moved out or in-place bury fen, restitution of land.

    Moved out because of the expropriation of farmland capital construction of nation-building or demolish the Tomb, prohibition of return migration or to build on the site.

    23rd is forbidden in scenic spots, cultural relic protection areas, nature reserves, reservoirs and river embankments, railways and mass graves on both sides of the road or the construction of the cemetery.

    Original graves in the area, in addition to protected the grave shall move or demolish the deadline.
24th no units or individuals are allowed to burial, cemetery built in violation of these regulations.

    Has built a cemetery area, enter the cemetery of burial; encourage outside the cemetery's original Tomb (except protected the grave) relocated to the cemetery; not yet relocated to the cemetery and buried on the spot, not allowed to be rebuilt or expanded.

    Not build cemeteries in the area, place of burial must be defined by the local people's Government.

    The sixth chapter management of human remains and ashes

    Article 25th cremation or burial, hospital, public security organs, UN-Habitat (village) issued by the Commission or the unit to which the deceased's death certificate. Article 26th death the remains of Park, no more than 72 hours.

    Dead time need to be extended due to special circumstances, must be approved by the city, County, and County public security organs or the home competent authority approved extension of dead-time and handling procedures. 27th of unnatural deaths or unclaimed bodies, the authorities concerned or victim shall promptly report to the police or the judiciary. Agency shall, within 12 hours of testing.

    After accepting the agreement of the authorities, to be cremated or buried.

    Prison correctional officers in wrongful death's body and his execution the corpses of executed criminals, cremated after forensic tests, can receive the ashes of their relatives; in the absence of conditions of the cremation area, agreed by the labour authorities or the judiciary, may, in accordance with the provisions of their relatives for burial.

    28th to die during medical patients and an unidentified body, advocating scientific Anatomy, to ascertain the cause of death, raise the level of medicine.

    Promotion of donation or medical value in the paid use of body organs in order to heal, develop medical undertakings.

    29th provincial persons who reside in the province of death camps, should stay in accordance with these rules shall apply to funeral.

    The seventh chapter funeral obsequies and supplies management reform

    Funeral supplies of 30th production and sales units and individuals must register with the Administration for industry and Commerce approved to obtain business licenses; funeral supplies of original production and sales units and individuals has not yet obtained a business license, from the date of implementation of this approach, should go through the registration procedures, within 3 months. Civil affairs departments at all levels industry management of funeral supplies, production and sales.

    Production and sales of funeral supplies units and individuals must accept the inspection and supervision of the home authorities.

    31st is strictly prohibited in the production, sale and use of funeral supplies of superstition.

    Prohibit the use of funeral and superstitious activities.

    Article 32nd religious funeral ceremony was held in accordance with religious tradition, only approved by the people's Governments above the county level in places of worship.

    Article 33rd advocate funeral jianban.

    Staff members of State organs should set an example in the reform of funeral and interment customs and traditions, and thrifty funeral, except with the approval of the provincial Government shall not be held memorial services.

    Article 34th funeral service units should be strictly managed, legal services, reasonable fees, improve services, improve service levels prohibit the use of funeral services the Chief mourner of extortion.

    The whole society should respect and support service units and their staff work, prohibit acts of violations of funeral workers rights.

    The eighth chapter penalty

    35th violates the first paragraph of this article seventh without cremation or ashes in a cemetery outside has grave burial, as follows:

    (A) the body has not been buried, by the home authorities give him a warning and ordered the implementation of cremation;

    (B) refused to implement the aforesaid decisions shall not enjoy the funeral expenses, the unit may not provide convenience for their funeral activities;

    (C) the remains had been buried or ashes in a cemetery outside has grave burial, by the home authorities shall order the Chief mourner at 3 months to demolish the grave cremation, or buried on the spot without leaving graves and epitaphs, or their ashes buried in a cemetery or in Columbarium;

    (D) on the expiration of refusal to implement the provisions of the preceding paragraph, by the home competent authority the Chief mourner fined 1000 Yuan fine, the recovery has paid the funeral expenses, and period continues.

    36th article violates article tenth of this approach, article 19th, allowed to dig, destroy protected the grave or cemetery, digging, damaging a tomb by the home authorities fined 1000 Yuan fine, and ordered restitution case constitutes a crime, criminal responsibility shall be investigated according to law.

    37th article violates this approach set forth in 15th, 21st, without legal certificates, privately run cemetery, or illegal rentals, transfer, sale, a disguised sale of graves, tombs, by the civil affairs departments for industry and commerce administration, land administration shall be ordered to desist from the illegal act, and depending on the seriousness, by the land administration departments and industrial and commercial administrative departments in accordance with the land management and administration for industry and commerce regulations are punishable.

    Article 38th disobey article 16th non-units and individuals engaged in funeral service funeral service, or breach of this provisions article 30th, unlicensed funeral supplies, by the home authorities in conjunction with the Administration for industry and commerce shall be ordered to stop operating, and depending on the seriousness of the penalty shall be imposed in accordance with the regulations of industry and Commerce administrative departments for industry and commerce.

    39th violated these measures stipulated in article 22nd, 23rd and 24th, illegal occupation of arable land for cemeteries, or move out, demolish the Tomb return migration or redevelopment or illegal behavior such as burial, by the home competent authority a rectification, and fined 1000 Yuan fine each grave.

    40th article violation this approach 31st article, and 32nd article provides, using funeral for superstition activities, or in non-specified places for religious funeral activities of, by home competent sector or by home competent sector with religious affairs competent sector give warning, ordered corrected; refused to corrected of, respectively on funeral owners and directly responsibility who sentenced 1000 Yuan fine; violation security, and sanitation management provides of, by police organ, and sanitation competent sector law punishment.

    41st violates the first paragraph of this article 34th, funeral services or charges of extortion by the home authorities warn, ordered to return victims properties, with ill-gotten gains more than twice times 3 times times the fine constitutes a crime, criminal responsibility shall be investigated according to law.

    Violation of paragraph II of this article 34th, violates the rights of funeral staff person, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security provisions of the case constitutes a crime, criminal responsibility shall be investigated according to law.

    42nd article to prevent funeral management personnel performing their duties, or for funeral activities seriously affected law and order and traffic order, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security provisions of the case constitutes a crime, criminal responsibility shall be investigated according to law. 43rd party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The party fails to apply for administrative reconsideration or bring a lawsuit, nor performs the decision on punishment, made the decision of the authorities may apply to a people's Court for compulsory execution.

    44th by the administrative authorities, the funeral home's staff, as well as other executive staff in violation of these regulations, in funeral management dereliction of duty, favoritism, bribe, or higher authorities be given administrative sanctions by the unit constitutes a crime, criminal responsibility shall be investigated according to law.

    Nineth chapter by-laws

    Article 45th on specific applications of the measures by the provincial Civil Affairs Department is responsible for the interpretation. 46th article this way as of the date of promulgation.