Provincial Government Of Hubei Provincial People's Government To Amend Decisions Of The Administrative Enforcement Provisions Of The Regulations And Regulatory Documents

Original Language Title: 湖北省人民政府关于修改省政府规章和规范性文件中行政强制规定的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369078.shtml

Provincial Government of Hubei provincial people's Government to amend decisions of the administrative enforcement provisions of the regulations and regulatory documents (December 19, 2011 Standing Committee of the Hubei provincial people's Government considered by Hubei provincial government order No. 350, published December 23, 2011 as of January 1, 2012) to follow up on the implementation of the People's Republic of China administrative mandatory law, maintain the uniformity of the legal system, according to the State Council on carrying out the implementation of People's Republic of China informed the administrative enforcement law (guofa (2011), 25th) spirit 219 of the provincial government on October 30, 2011 current provincial government regulations, 334 administrative enforcement provisions in provincial government regulatory documents were cleaned up.

    December 19, 2011 provincial executive meeting decided:

First, the following administrative mandatory provincial regulations be amended 1, the levee project, Hubei Province, maintenance management, collection, use, and management of (provincial 51st 19th) section "breach of these rules, not on schedule, pay levee maintenance fees, from the date of default, plus arrears amount 3 of the daily late fee. After repeated reminders is invalid, charging people can Bank levy withholding "is amended as" breach of these rules, not on schedule, pay levee maintenance fees, by the water conservancy administrative departments at and above the county level shall apply to the people's Court for compulsory execution.



2, deletion of the rural collective economy audit approach in Hubei Province (provincial 94th) 21st "rural audit institutions in the audit found significant disciplinary problems, approved by the people's Governments at the corresponding level, you can take hold of the audited units account books, bills, measures such as asset" requirement. 3, and will Hubei Province agricultural base environment management approach (Province Government makes 180th,) 22nd article "violation this approach 11th article provides, caused agricultural base pollution and damage, refused to governance, and recovery of, by agricultural administrative competent sector specified units by about provides on behalf of implementation, by needed costs by Contracting rental who bear, can and at 1000 Yuan following fine" modified for "violation this approach 11th article provides, caused agricultural base pollution and damage, refused to governance, and recovery of, The Department of agriculture administration apply to a people's Court for compulsory execution.

” 4, the Hubei Province water conservancy construction management measures of funds collection and use (provincial 182th) 25th "not in accordance with the means to pay water conservancy construction funds, plus 1 per thousand per day late fee. Government funds (charges apply, additional) the authorities in charge, by the financial sector from the Department's financial account transfer or deduction of the corresponding amount from the funding arrived for water conservancy construction funds. No charge on financial accounts department, by the auditing Department shall audit and payment in full into the coffers at the same level, and according to the regulations for punishment "provision is amended as" not in accordance with the means pay or less of water conservancy construction funds, according to financial illegal activities penalties and regulations shall be ordered to correct, given a warning, confiscate the illegal income, and impose a fine.

” 5, and will Hubei Province City real estate development business management approach (Province Government makes 185th,) 43rd article "Party on specific administrative behavior refuses to of, can law application reconsideration or to court prosecution; party late not application reconsideration or not to court prosecution, and not perform of, by made specific administrative behavior of organ law forced implementation or application Court forced implementation" of provides in the of "by made specific administrative behavior of organ law forced implementation or application Court forced implementation"

Amended to read "by making a specific administrative act apply to a people's Court for compulsory execution." 6, deletion of the measures for the management of survey and design of construction projects in Hubei Province (provincial people's Government, the 188th) 51st "party not satisfied with the administrative penalties may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

If no application for administrative reconsideration or bring a lawsuit, or carry out administrative punishments, by making the decision of authorities apply to the people's Court for compulsory execution or legally enforceable "provisions" or legally enforceable. "

7, and by deleting to Hubei Province funeral management approach (Province Government makes No. 204,) 35th article "on violation Ordinance and this approach, in cremation district will remains burial or cremation Hou will ashes loaded into coffin buried, and in ban built graves of area built graves of, by County above home sector ordered deadline corrected; late not modified of, can forced cremation and demolish graves" of provides in the of "late not modified of, can forced cremation and demolish graves".

8, and by deleting to Hubei Province city water management implementation approach (Province Government makes No. 221,) 27th article "violation this approach provides, has following behavior one of of, by city water administrative competent sector by following provides give punishment: (ii) not by provides paid water of, ordered fill make by owes water, and by day added received water 1 ‰ late fees" of provides in the of "and by day added received water 1 ‰ late fees". 9, and will Hubei Province social security fee levy paid management approach (Province Government makes No. 230,) 33rd article "payment units late not paid social security fee, and late fees, and is responsible for levy of place tax organ two times above urged paid still refused to paid of, by County above place tax organ head approved, place tax organ can law take following measures: (a) written notification its account bank or other financial institutions from its deposits in the withholding; (ii) seized, and seized, and Auction or sell off their value equivalent to the payment of social insurance of commodities, goods or other property, by auction or sale proceeds withhold social insurance fees, late fees "amended to read" a payer fails to pay social insurance fees, late fees, and is responsible for collecting the tax authorities more than two reminders are still refusing to pay, by the local tax authorities at or above the county level shall apply the same level people's Court for compulsory execution.

"10, and by deleting to Hubei Province animal products toxic harmful material supervision approach (Province Government makes No. 260,) 15th article subsection (three) items" check out, and copy, and sealed about file, and records, and voucher and the other information "provides in the of" sealed "; will subsection (four) items" on suspected of toxic harmful material of animal products be sealed "provides in the of" be sealed "modified for" timely law processing ".

11, and by deleting to Hubei Province crop seed production business activities supervision management of provisional provides (Province Government makes No. 278,) 23rd article subsection (three) items "check out, and copy, and sealed about file, and records, and voucher and the related information" provides in the of "sealed"; will subsection (four) items "on suspected counterfeit seed and the other illegal violations behavior of seed registration save" provides in the of "registration save" modified for "be registration, verified Hou law processing".

12, and by deleting to Hubei Province port management approach (Province Government makes No. 286,) 35th article "not by provides of term paid port rules fee of, port administration sector except ordered its deadline fill paid outside, by day added received delay na fee paragraph 3 ‰ of late fees; deliberately arrears or anti-paid port rules fee of, except ordered its deadline fill paid, added received late fees outside, sentenced arrears or anti-payment paragraph twice times to 5 times times of fine, but fine highest shall not over 30,000 yuan" of provides. 13, Hubei province by deleting the management measures of mining geological environment control Fund (provincial government order No. 298) tenth "fails to restore governance, land and resources administrative departments in charge of deposit reserve counterparts on a compulsory treatment and management fees from its deposit fund and interest expenses.

Mining right shall, within 3 months after the end of works make up the expenditure in reserve "provisions. 14, and will Hubei Province sewage fee levy management implementation approach (Province Government makes No. 310,) 21st article "sewage who late refused to paid sewage fee, and late fees of, by County above place IRD (branch) Secretary approved, place tax organ can law take following forced measures: (a) written notification its account bank or other financial institutions from its deposits in the withholding its should paid of sewage fee and late fees; (ii) seized, and seized, and law auction or sold its value equivalent to should paid sewage fee of commodity , Goods or other property, or the proceeds of the auction shall withhold payment of sewage charges and late fees "amended to" dischargers late refused to pay sewage charges, late fees, by the environmental protection administration departments at or above the county level in conjunction with the local tax authorities apply to the people's Court for compulsory execution.



15, Hubei province by deleting the interim measures for the use of urban wastewater treatment fees collection (provincial government order No. 313) 17th "and date of the required contributions from delay is satisfied, late payment of additional dues by the day 1 of the" provisions.

16, and by deleting to Hubei Province aquatic seedlings species management approach (Province Government makes No. 315,) 29th article "violation this approach provides, business no quarantine proved of aquatic seedlings species of, by County above fishery supervision management institutions ordered corrected; on not sold of aquatic seedlings species law fill check, by fill check not qualified of, ordered operators for harmless of processing; cannot for harmless of processing of, be destroyed" of provides in the of "cannot for harmless of processing of, be destroyed". 17, and will Hubei Province River mining sand management approach (Province Government makes No. 333,) 26th article "violation this approach provides, not paid River gravel resources fee of, by levy organ ordered deadline paid; late not paid of, by day added received should paid 3 ‰ of late fees" modified for "violation this approach provides, not paid River gravel resources fee of, by levy organ ordered deadline paid; late not paid of, by County above water administrative competent sector application Court forced implementation.

    ”

Second, the following provincial regulatory documents dealing with administrative enforcement provisions modifications

    Deletion of Hubei Province, the provincial people's Government on the issue of a tourism development fund collection, use, and notice of the interim measures for the Administration (e-Government issued [1996]17) "(1) fails to pay, from the date of expiration, daily payment amount shall be recovered late fees of 2 ‰" requirement.

Above government regulations and provincial government regulatory documents, as amended, serial number articles adjusted accordingly. This decision shall enter into force on January 1, 2012.