Interim Measures For The Administration Of Funeral And Interment In Haikou City 2012 (Revised)

Original Language Title: 海口市殡葬管理暂行办法(2012年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369127.shtml

Interim measures for the administration of funeral and interment in Haikou city 2012 (revised)

    (June 28, 2005 in Haikou municipal people's Government, the 52nd released 1th of March 15, 2012 Haikou municipal executive meeting examined and adopted amended April 17, 2012 Haikou municipal people's Government announced come into force on the date of promulgation, 88th) Chapter I General provisions

    First to strengthen the funeral management, promote social civilization, in accordance with the regulations on funeral and interment in Hainan Province Regulation, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city to engage in funeral activities and funeral management, work units and individuals, these measures shall apply.

    Third, funeral, my approach is: carry out cremation, burial of reform; cloud save land, protect the ecological environment; get rid of funeral customs, civilization frugal funeral.

    Part IV at all levels shall exercise the right of social management of funeral services within their respective jurisdictions, and actively promote reform of funeral and interment, make the development of funeral plans, protect the reform of funeral and interment must be funded. Article funeral home sector is the jurisdiction of the authorities at various levels, supervise and manage the funeral.

Funeral management can delegate their respective public service agencies conduct administrative penalties for violation of these measures. Public security, justice, Commerce, construction, land, planning, health, financial, pricing, transportation, environmental protection, forestry, ethnic and religious authorities, in accordance with their respective responsibilities with civil affairs departments and make management and reform of funeral and interment, investigate and deal with violations of funeral and interment.

    The self-governance organizations to include the reform of funeral and interment in residents, villagers ' Convention. Article sixth culture, press and publication, radio and television departments should complete the reform of funeral and interment, such as publicity and education work to change our habits.

    Organs, enterprises and institutions, the village (neighborhood) committees and other organizations, should be on the unit or in the region carry out publicity and education work on the reform of funeral and interment.

    Chapter II funeral Division and special management

Article seventh all streets within the administrative area of the city area and Fucheng Town established by the jurisdiction of the neighborhood as a cremation area, tentatively scheduled for burial reforms in other areas.

    Municipal people's Government may make a adjustment of cremation according to the needs of urban and rural construction and development views of the area, according to prescribed procedures implemented after approval.

    Article eighth cremation of dead bodies in the district except as otherwise stipulated by, across the cremation, prohibited burial.

Nineth burial reform in the district after the death, advocated cremation, should be human remains buried in public cemeteries or cemetery in rural areas.

    Building rural public welfare cemeteries or the area of the cemetery is not farmland without grave burial.

Article tenth of the revolutionary martyrs and the eminent persons ' Tomb and the tombs of historical, scientific and artistic value (hereinafter referred to as a protected tomb) shall be protected by law, and no units or individuals shall not be allowed to dig, damage.

To transfer of protected due to development and construction of the grave should be approved by the municipal people's Government, and in accordance with the provisions of that regulation on funeral of Hainan Province.

    Protected the grave by the municipal people's Government.

11th as a cremation cemetery in the area (not including cemetery) and Tomb, apart from protecting the Tomb according to law shall be maintained, a migration batch deadline for cremation or an in-place transform, leaving no grave.

    Prohibited to move or demolish the grave return migration or to build on the site. 12th respect funeral customs of ethnic minorities.

Voluntary life or their relatives cremated the death, others should not interfere.

    Muslim minorities allowed in designated sites or cemeteries for burial. 13th death of personnel in different places should be cremated.

Chief mourner asked to ashes or buried remains were transported to the city, should apply to the public service, processing through the approval before Nineth according to these measures.

    Overseas people died in this city, Chief mourner requests bringing the body out of the country for burial, by the public service in accordance with the relevant provisions of the Beijing Centre for international network services for processing.

    Chapter III funeral service facilities and services

14th funeral service planning should be incorporated into urban and rural construction planning and land-use planning, the implementation of an integrated planning and management.

    Public administration departments shall organize the preparation of funeral facilities planning, organization after approval by the relevant authority.

15th, funeral services settings should be consistent with Haikou city master plan and planning requirements, and in accordance with the funeral and interment management regulations and relevant State laws and regulations related to approval procedures.

    Without approval, any citizen, legal person or other organization shall not set up any funeral service.

16th funeral services should be in accordance with national and provincial regulations and approval procedures.

    Without approval, any citizen, legal person or other organization shall not set up any funeral service, are not allowed to conduct funeral services business. 17th funeral services to reasonable pricing, price.

    Funeral service charge in accordance with the relevant provisions of national and provincial executive.

    The fourth chapter cemetery management

Article 18th cemetery, built public cemeteries in rural areas should make full use of barren hills, Cemetery from the following regions:

(A) cultivated land (including individual contractors and private plots);

(B) the scenic spots, cultural relic protection areas, nature reserves;

(C) the source protection areas near dams, reservoirs and rivers;

    (D) on both sides of the railway and highway.

19th construction of rural public cemetery or the cemetery shall comply with the following requirements:

(A) in accordance with the principles of economical use of land and protecting the environment, rational planning construction of cemeteries to keep greening and beautifying the cemetery;

(B) strict control of the Tomb area, burying the ashes or canning remains the single or double grave Tomb covers an area of no more than 1 square meters, allowing body burial tomb of the single covers an area of no more than 3 m;

(C) the cemetery managers approved by the competent authority shall, in accordance with price charge standard charge grave rental, guarded tomb and burial expenses management fees; (D) the cemetery with 20-year cycle, nursing management fees one-time charge shall not exceed 20 years.

    Nursing management fee implementation of management accounts, managed by the tomb of managers each year according to the required standards for use in, fails to renew the relevant expenses, without the grave his approach.

20th prohibits the following acts in the cemetery:

(A) the bury cremated remains of the deceased;

(B) the burial of the remains or ashes into the coffin;

(C) sale of the living Tomb;

    (D) superstition activities in the Tomb area.

    21st article this city original cemeteries should be buried to ashes and burial cemetery to reform the body of a deceased person.

    22nd the periodic inspection in accordance with regulations of the country of the cemetery.

Article 23rd rural public welfare cemeteries and the ashes placed on the tomb of the villagers to provide land and the ashes are placed, no illegal foreign business activities.

    City residents not in rural public welfare cemeteries and buys his tomb, and placed the ashes of ashes was laid.

    The fifth chapter management of human remains and ashes Article 24th cremation or burial the body should present a death certificate.

    In medical institutions death of, by medical institutions issued death proved; in medical institutions transferred process in the death of, by is responsible for transferred of medical institutions or 120 medical emergency rescue Center issued death proved; in medical institutions yiwai death of, by village, and neighborhood or police station issued death proved; non-normal death or cannot determine death of, by police organ on remains for test and issued death proved. 25th 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 police or civil administration approved extension of dead-time and handling procedures. Article 26th on unnatural deaths or unidentified bodies, units, or the victim should report to public security organs in a timely manner. Public security organs should be examined within 12 hours. Consent by the public security authorities, to be cremated or buried. Case the body needs to be saved, generally not later than 30th; really necessary an extension, by the public security organ responsible for the extension, fails to get an extension, crematorium can direct cremation.

Basic burial expenses paid by the municipal finance of unidentified bodies.

    Prison correctional officers in wrongful death's body and his execution the corpses of executed criminals, cremated after forensic tests, against public security or prove to the Court that received the ashes of their relatives. 27th hospital morgue as places of temporary storage of bodies, be conducted funeral services business activities.

    Store it's body by steering Chief mourner funeral agencies according to the relevant regulations in these measures.

28th article body should consist of funeral service dedicated service vehicles are responsible for the transport. Remains of ship sanitation and disinfection should be carried out to prevent pollution of the environment.

    Infectious diseases before the patient's body transportation, shall be processed in accordance with the relevant protective provisions.

Article 29th allow ashes to be buried in cemeteries, store ashes or survivors take care, advocates put ashes, tree burial or bury the Plains (without leaving graves and inscriptions).

    Prohibition of ashes in a cemetery outside has grave burial.

    Article 30th personnel died while living in the city from other provinces should be in accordance with these rules shall apply to funeral.

    The sixth chapter funeral obsequies and supplies management reform

31st prohibits the production and sale of paper, zhima, paper as well as other superstitious funeral supplies.

    Coffin sales ban cremation, burial items.

Article 32nd any unit and individual using the funeral for superstitious activities is strictly prohibited.

    Religious funeral ceremony was held in accordance with religious tradition, only city-level people's Government carried out within the approved places of worship.

    Article 33rd medical institution shall not establish the remains sites may not conduct funeral services and operational activities. Article 34th promotes civilization frugal funeral.

    Staff members of State organs should set an example in the reform of funeral and interment customs and traditions, thick bozang, the implementation of cremation, civilization frugal funeral. 35th grassroots self-governing organizations, should strengthen the supervision of the area funeral services.

    Communities, settlements (villages) within the jurisdiction of the Board acts in violation of these measures should be to discourage and report.

36th funeral service should be strictly managed, warm service, reasonable fees, improve services, improve service levels.

    Prohibit the use of funeral services the Chief mourner of extortion.
37th the whole society should respect and support the funeral services of the institutions and their staff work, prohibit acts of violations of funeral workers rights.

    The seventh chapter penalty

    Article 38th in violation of the provisions of the second paragraph of article eighth, 29th, by members of the public service in accordance with the funeral and interment management regulations and the sanction provided for in the regulation on funeral of Hainan Province.

    39th violates the first paragraph of this article 11th, for cremation within the original cemetery and mausoleum, migration, or in-place modification of not complying with the time limit, shall be ordered to correct by the public service, it fails, apply to a court for mandatory enforcement according to law.

    40th article violates these measures set forth in article 11th, 18th, having moved out, demolish the grave return migration or to build on the site, or illegal occupation of arable land for cemeteries, or illegally occupies grave behavior, by members of the public service in accordance with the provisions of the funeral management in Hainan Province.

    41st article violates this approach set forth in 15th and 16th, set the funeral services of facilities and services without authorization by the relevant administrative department in accordance with the regulations on funeral and the provisions for punishment of the funeral management in Hainan Province.

    42nd article violates this article 19th paragraph (b) provides that Tomb covering an area in excess of the prescribed area, by the public service in accordance with the provisions of the regulations on funeral for punishment.

    43rd article violates this article 20th paragraph (a), (b), (c) the provision, by rectification within the public service, with the illegal proceeds of the cemetery more than 1 time fined not more than 3 times, but shall not exceed a maximum 30,000 yuan.

    44th article in violation of the first paragraph of article 23rd, rural public welfare cemeteries and the ashes placed unauthorized business activities, by members of the public service, in conjunction with business, land management departments in accordance with the provisions of the funeral management in Hainan Province for punishment.

    45th in violation of article 24th of this approach provides that no credentials death certificates and notices to cremate the remains for cremation, burial, by warning the public service and imposed illegal gains more than 1 time penalty of 3 times, but shall not exceed a maximum 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 46th disobey article 27th, mortuary funeral business activities, governance by the public authorities and the Administrative Department for industry and commerce shall order correction, with illegal gains more than 1 time penalty of 3 times, up to 30,000 yuan.

    47th article violates article 28th of this approach prescribed in the first paragraph, the use of non-dedicated funeral services funeral car body, by the public service in accordance with the provisions for punishment of the funeral management in Hainan Province, seized the vehicle you want, the public security organs traffic management departments shall provide assistance.

48th violates the first paragraph of this article 31st, production and sale of superstitious funeral supplies, governance by the public authorities and the Administrative Department for industry and commerce in accordance with the provisions of the regulations on funeral for punishment.

    Violation of paragraph II of this article 31st, sales of coffin burial goods such as cremation, there is no illegal income, fined 10,000 yuan fine; illegal gains, illegal proceeds more than 1 time penalty of 3 times, up to 30,000 yuan.

    49th disobey article 32nd, superstition using funeral or funeral in the non-designated places of worship activities, governance by the public authorities and the management of religious affairs in accordance with the provisions of the funeral management in Hainan Province for punishment.

    50th disobey article 33rd, hospitals remains active, handling the funeral business, selling funeral supplies, governance by the public authorities and the Administrative Department for industry and commerce shall be ordered to cease their activities and impose illegal gains more than 1 time penalty of 3 times, up to 30,000 yuan.

    51st disobey article 36th, funeral services or charges of extortion, by members of the public service in accordance with the provisions of the funeral management in Hainan Province for punishment.

    52nd article to prevent funeral management personnel performing their duties, or funeral activities seriously affected law and order and traffic order, by the public security organs in accordance with the People's Republic of China public security administration punishment regulations are punishable constitutes a crime, criminal responsibility shall be investigated according to law. 53rd on an administrative punishment is dissatisfied, he may apply for administrative reconsideration or bring a lawsuit.

    Party does not apply for administrative reconsideration or bring a lawsuit, nor performs the decision on punishment, made the decision of authorities may enforce or apply to a people's Court for compulsory execution.

    The eighth chapter by-laws

    54th explain these measures on specific applications of the municipal Civil Affairs Bureau. 55th these measures shall come into force on August 10, 2005.