Administrative Measures On Rural Public Cemetery In Kunming

Original Language Title: 昆明市农村公益性公墓管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369072.shtml

Administrative measures on rural public cemetery in Kunming

    (November 8, 2011 Kunming city people's Government the 21st Executive meeting January 13, 2012 111th Kunming city people's Government promulgated as of March 1, 2012) Chapter I General provisions

    First in order to regulate the construction and management of rural public welfare cemeteries and save land resources, protecting the ecological environment, according to the State Department of the funeral and interment management regulations, the funeral regulations of Yunnan province, Kunming funeral and interment management regulations and other related regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city construction and management of public cemeteries in rural areas, these measures shall apply.

    Public cemeteries in rural areas mentioned in these measures refers to not for profit-making purposes, mainly for the local village (neighborhood) provide ashes public cemetery or burial services and facilities.

    Article people's Governments at all levels should increase investment in construction of rural public welfare cemeteries, funding for rural public cemetery management and construction subsidy into the budget at the same level, and to establish and improve the construction and management of rural public welfare cemeteries target assessment and accountability system.

Fourth, rural welfare, public administration authorities are responsible for this cemetery Guide and supervise the work; the County (City) departments of district administration and development (vacation) Park (hereinafter the "Administrative Committee") is responsible for this area of public cemeteries in rural areas supervisory work.

The township (town) people's Governments, rural public welfare cemeteries within the subdistrict office responsible for construction, management and service work, may also appoint village (neighborhood) committees or the village (neighborhood) people management and service work of the group.  

    Planning, development, land, shelter building, Yunnan-tube, forestry, finance, Commerce, environmental, ethnic and religious administration, shall, in accordance with their respective responsibilities and good management of public cemeteries in rural areas.

    Planning and construction of chapter

Article fifth County (City) District Administrative Department shall, in conjunction with the planning, land, development, housing construction, pipe, forestry, environmental protection and other related administrative departments of Yunnan province, according to the town and country planning, land use planning, the administrative reform of funeral and interment development planning requirements, preparation of public cemeteries in rural area planning, implemented after being approved by the people's Governments at the same level.

    Special plan after approval shall, within 20 working days from the date of approval, the public administration departments.

    Sixth the County (City) departments of District Administration should be based on rural public welfare cemeteries planning, develop release annual construction plans of the public cemetery in rural areas, and to the public in a timely manner.

Article seventh public cemetery in rural construction should adhere to the cloud save land, protect the ecological environment, and convenient for people of principle, determining the construction scale of district population.

    Promote and encourage tree bury bury bury, flower beds, lawns, walled funeral, burial and burial of ashes stored such as central to save land.

Eighth public cemeteries in rural areas should be collectively-owned barren hills and barren ground and not suitable for the cultivation of planning and construction.

Ban planning and construction public cemeteries in rural areas in the following areas:

(A) arable land, State-owned woodlands;

(B) primary and secondary water source protection areas, city parks, scenic spots, cultural relics protection area and residential area;

(C) townships (towns and streets) and under the jurisdiction of the village (neighborhood) Committee mountain range;

(D) within the surrounding mountain in Dianchi Lake watershed area;

(E) the reservoir and river protection and mountain ranges;

(Vi) railway and highway arteries planning area and along the mountain ranges;

    (VII) other area prohibited by laws and regulations.

Nineth rural public cemetery land from the township (town) people's Government, the collective welfare of the subdistrict office in the land transfer solution, or you can use the original reconstruction of collective memory land.

    Rural land properties and uses of public cemetery shall not be changed.

Tenth Article construction township level following rural public cemetery by village (home) people Committee application, by location Xiang (town) Government, and subdistrict offices audit agreed Hou, reported County (City) District home administrative competent sector or development (holiday) Park CMC approval; construction township level above (containing township level) rural public cemetery by Xiang (town) Government, and subdistrict offices application, by County (City) District home administrative competent sector audit agreed Hou, reported County (City) District Government or development (holiday) Park CMC approval.

The County (City) departments of district administration and development (vacation) Park at the time of review and approval, shall consult the planning, development, land, shelter building, Yunnan-tube, forestry, environmental protection and other related administration views.

    Approved the construction of rural public welfare cemeteries, County (City) District Administrative Department shall, within 30 days from the date of approval by the public administration departments.

Section 11th for construction of rural public cemetery, Township (town) people, neighborhood offices shall be filed with the County (City) Department of district administration to submit the following materials:

(A) the application;

(B) a feasibility study, including burial areas, construction, land use and the size of the content;

(C) planning and design;

(D) the relevant management system.

    The County (City) District Administrative Department shall, within 5 working days from the date of receipt of application materials make admissibility decisions according to law; not to accept or review did not agree with, and shall state the reasons in writing.

12th construction of rural public welfare cemeteries funding:

(A) national, provincial and municipal subsidy;

(B) the County (City) District and township (town) people's Government, the subdistrict office investment;

(C) the village (neighborhood) Committee raise funds;

(D) the society sponsored, donor funds.

    Construction funds earmarked revenue and expenditure to the public according to law, and subject to supervision.

13th construction of rural public welfare cemeteries should be according to the following criteria:

(A) ash cemetery tombs covering an area of each hole shall not exceed 1 square remains single grave cemetery covers an area of each hole shall not exceed 4 meters, double Tomb covers an area of each hole shall not exceed 6 m;

(B) the headstone height should not exceed 80 cm, width of not more than 60 cm may not build stone fences;

(C) with 400 tombs in the region as a single unit, separated by trees or roads between unit and unit, belt width shall not be less than 60 cm;

(D) the shrubs between the tomb and the tomb of isolation width shall not be less than 40 cm, grave and aisle width shall not be less than 80 cm, Tomb of green belt width shall not be less than 60 cm;

(V) not below the green area with a total area of 40%, trees planting rate shall not be less than 80%;

(Vi) regional road comply with the relevant technical specifications, set the flag sign equipped with parking lots;

(G) management of facilities such as fire safety in places of accommodation, tomb sweeping, and fully equipped.

    Public cemeteries in rural areas has been put into use, but not yet built the Tomb area shall be in accordance with the standard provided for in the preceding paragraph.

    After the completion of the 14th public cemeteries in rural areas, by County (City) departments of district administration in conjunction with the planning, development, land, shelter building, Yunnan tubes, forestry, environmental protection and other administrative departments and jurisdictions Township people's Governments and neighborhood offices for acceptance, qualified before put into use.

15th public cemetery in rural migration or revoked, which the cemetery is located in the County (City) Department of District Administration approval, approved by the people's Governments at the same level and reported to the public administration departments.

    Without approval, it may not stop public cemetery management and services in rural areas.

    Chapter III administration cemetery

16th section public cemeteries in rural areas mainly for local rural village (neighborhood) provide the ashes or burial services, specific burial by County (City) district people's Government is responsible for delineation.

Urban minimum living standard security personnel after the death, his ashes will need access to the rural public cemetery for burial, domicile shall be the County (City) apply to the district administrative authorities, after it has been approved, make overall arrangements.

    Not authorized personnel other than not to have a designated area graves.

Article 17th public cemeteries in rural areas to implement the cemetery register.

    Management of public cemeteries in rural areas should be buried agreement, residence certificate, cremation certificate arrangements funeral, burial, when buried in order and grave certificates issued to the funeral is.

18th article any unit and individual is prohibited in any of the following acts:

(A) for profit public cemeteries in rural area construction and Contracting;

(B) transfer, sweepstakes, speculation in rural public cemetery grave or cells for the storage of ashes;

(C) not in accordance with the order for burial;

(D) construction of clan graves;

    (E) other behaviors prohibited by laws and regulations. Government pricing article 19th public cemeteries in rural areas, at different levels.

    Specific charges the price Administration Department according to the County (City) Department of district administration and township (town) people's Government, the street cost of building materials and construction services provided in accordance with approved.

    20th management of public cemeteries in rural areas should be approved by price administrative departments charging fees and eye-catching creation price publicity by the entrance, open graves price and pricing complaints.

21st management of public cemeteries in rural areas should establish and improve relevant management systems, specialists are responsible for the day-to-day management and maintenance of the cemetery, and archives are stored permanently.

    Unit shall set the fire safety facilities of public cemetery management in rural areas, strengthen management of fire safety.

22nd public cemeteries in rural areas adopt an annual inspection system.

    The County (City) Department of district administration shall, together with the planning, development, land, shelter building, Yunnan-tube, forestry, environmental protection and other departments for the administration of rural public welfare cemeteries annual on-site inspections on the use of, qualified, at the cemetery on the certificate signed and sealed; failed and rectification.

    The fourth chapter legal liability

    23rd violates article eighth of these measures, the competent district administrative authority shall order correction within, has illegally obtained, confiscation of illegal proceeds and illegal income more than 1 time fined not more than 3 times; no illegal income, to a fine of less than 1000 Yuan and 3000 Yuan.
24th article violates this article 13th (a), (b) the provision, by the district administrative authorities shall order correction within, has illegally obtained, confiscation of illegal proceeds and illegal income more than 1 time fined not more than 3 times; no illegal income, to a fine of less than 1000 Yuan and 3000 Yuan.

Violations of this article 13th (c), (d), (e) and (f) provision, the competent district administrative authority shall order correction within; it fails, fined 10,000 yuan for construction units for 30,000 yuan fine.

    25th article violates provisions of the second paragraph of this article 15th, the Department of civil administration a rectification, restoration and management fails, management of rural public welfare cemeteries unit fined 10,000 yuan and 30,000 yuan fine.

    26th in violation of the provisions of article 16th paragraph, the competent district administrative authority shall order correction within, has illegally obtained, confiscation of illegal proceeds and illegal income more than 1 time fined not more than 3 times; no illegal income, to a fine of less than 1000 Yuan and 3000 Yuan.

27th in violation of article 18th of this approach (a), (b) the provision, by the industrial and commercial administrative departments shall be ordered to desist from the illegal act, has illegally obtained, confiscation of illegal income, and illegal income more than 1 time fined not more than 3 times; no illegal income, to a fine of less than 1000 Yuan and 3000 Yuan.

Violation of these measures article 18th (c) provision, the Department of civil administration a rectification, has illegally obtained, confiscation of illegal income, and illegal income more than 1 time fined not more than 3 times; no illegal income, to a fine of less than 1000 Yuan and 3000 Yuan. Violation of these measures article 18th (d) provision, the Department of civil administration ordered to remove, confiscate the illegal income, and illegal gains more than 1 time 3 times the following penalty fails to dismantle, by County (City) district people's Government forced by law to remove or request the people's Court to force removal of the CMC, demolition costs borne by the responsible person.

    Responsible for illegal provision of cemetery between 3000 and 1000 Yuan fine.

    28th in violation of paragraph II of this article Nineth, 14th, 17th, 20th, 21st, 22nd paragraph, by land, home, price, fire services administration administrative penalty according to law.

    29th State organs and their staff in public cemeteries in rural area construction and management in the process of dereliction of duty, abuse of authority or engages in acts, by the superior administrative departments or the peer Ministry gate to the main head and persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    Article 30th Hui minorities such as the construction and management of public cemeteries in rural areas, in accordance with the relevant provisions of the national, provincial and municipal. 31st article this way come into force on March 1, 2012.