Gansu Provincial People's Government On The Revision Of The Regulations For Flood Control In Gansu Province, 3 Government Regulatory Decisions

Original Language Title: 甘肃省人民政府关于修改《甘肃省实施防汛条例细则》等3件政府规章的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346611.shtml

Gansu Provincial people's Government on the revision of the regulations for flood control in Gansu province, 3 Government regulatory decisions (November 26, 2010 67th meeting consideration of the people's Government of Gansu province on December 2, 2010, 76th release of Gansu province as of January 1, 2011) in order to fully implement the regulation on the notification of regulatory issues related to cleanup work (run [2010]28) spirit, the provincial municipalities, autonomous people's Government and provincial government departments to the prevailing government regulations for a comprehensive cleanup.

    November 26, 2010, considered and passed by the 67th meeting of the provincial government decided to flood control in Gansu province 3 Government regulations such as the regulations read as follows:

    In Gansu province, and the detailed rules for the implementation of the flood prevention Ordinance (July 3, 1993, the provincial government made the 2nd release, July 9, 2002, the provincial government, the 27th amendment) 1. an article shall be added as the eighth: "where there is flood control task, should be in accordance with approved flood plan flood prevention schemes. Water Conservancy administrative departments having jurisdiction shall, together with the relevant local people's Governments in developing flood control solution, the flood control authority that has jurisdiction. After a flood plan is approved, local people's Governments concerned must be complied with. Modify the flood control solution, shall be submitted to the original examination and approval authority for approval.

    ” 2. the original article as the Nineth and amended as: "flood control task units, according to the flood prevention programme in the region and flood control solution, development of own flood control measures, the consent of the local flood control headquarters agreement, submitted to the competent authorities for approval.

    ” 3. the original 36th 37th, first item is revised as follows: "having jurisdiction in refusing to implement the flood control headquarters of flood control programme, programme of flood and flood directive.

    ”

    Second, the water treatment of traffic accident in Gansu province (16th on July 1, 2001, the provincial government announced on June 25, 2004 the provincial government, 4th revision)

    1. modify the title to the Inland settlement of traffic accident in Gansu province. 2. fourth article first paragraph modified for: "province maritime management institutions is responsible for once death and female trace 3 people to 9 people major accident of survey processing; city, and State maritime management institutions is responsible for once death and missing 1 people to 2 NPC accident, and General accident and small accident of survey processing, and will accident survey processing results reported province maritime management institutions record; not set maritime management institutions of area occurred accident, by local traffic transport competent sector first accepted, seriously do records, and immediately to province maritime management institutions report, Assist the provincial maritime authorities to investigate the accident. " Third paragraph amended as: "the County (city, district) and township (town) people's Government in the area after the accident within navigable waters, should be immediately organized rescue, good records to assist the maritime administrative agency on the investigation and handling of accidents, and deal with the aftermath of the accident.

    ” 3. the fifth paragraph is amended as: "the vessels and floating facilities after the accident, parties should actively perform labouring duties and immediately report to the maritime administrative agency or Department of transportation." Modified the second paragraph to read: "the Parties shall, within 24 hours after the accident, submitted to the accident happened to the maritime administrative agency accident report and related information. Due to force majeure or other legitimate reasons not according to the above time limits to submit the report, agreed by the maritime administrative agency, may be appropriately extended.

    ” 4. sixth article modified for: "accident report book should including following content: (a) party name, and flag registration to (or party live to), and statutory representative people of name and the positions; (ii) ship, and floating facilities name, and flag Hong Kong, and this voyage ending locations and the mount situation; (three) ship, and floating facilities of basic technology status; (four) ship of captain or head, and shift driver, and turbine member and other shift personnel of name; (five) accident occurred of time, and locations and waters of hydrological, and meteorological, and Navigation environment of basic situation; (six) ship, and floating facilities of damage situation, crew, and passenger casualties situation, waters environment of pollution situation; (seven) accident of main process (collision accident should attached ship relative location schematic); (eight) ship, and floating facilities sank of, its sank almost bit; (nine) rescue situation; (ten) and accident about of other situation.

    ” 5. the seventh is amended as: "the maritime administrative agency after receiving the accident report should be timely, objective and comprehensive investigations, and higher government maritime administrative agency and report accidents immediately express. Extra traffic reporting, investigation and handling of accidents on inland waterways, in accordance with the relevant provisions of the State Council.

    ” 6. Article IX is amended as: "the prohibition of vessels involved, left Hong Kong in specified waters or dock in General, the term shall not exceed 72 hours because of special circumstances, cannot conclude their investigation of the expiration, approved by the maritime administrative agency level on the appropriate extension, but the extension may not exceed 72 hours.

    ” 7. the 13th paragraph amended as: "the maritime administrative agency shall, in accordance with the accident investigation, analysis of the cause of the accident, clearly the party responsible, and within 2 months of the inland river transportation accident investigation report and the conclusions of the accident investigation, submit accident report and findings may extend the period, extended period of no longer than 60 days". Modify the second paragraph as follows: "accident technical appraisal is required regardless of the time required in the investigation into the accident investigation period.

    ” 8. an article shall be added as article 14th: "the maritime administrative agency shall notify the inland traffic accident of the accident investigation concluded the party. The accident investigation concluded should include the following: "(a) profiles (including briefly after the accident, damage, etc), (ii) the cause of the accident (facts and analysis), (iii) the parties responsibility; (d) security management recommendations (v) other relevant information.

    ” 9. the original 14th 15th and be amended as: "tort arising from the accident compensation disputes, the parties can bring a civil action.

    ” 10. delete the original article 15th: "damages the mediation period for 30th, maritime institution can extend the 15th as it deems necessary. Accident injury, mediation or residual begins from the date of the end of treatment; accidents, mediation required to handle the funeral begins from the date of the end of time; the accident caused only property damage, mediation starting from the date the loss. Where a party to the court proceedings, maritime agencies no longer accepts an application for mediation.

    ” 11. delete previous 16th: "a conciliation agreement, maritime agencies shall be made of mediation, and served on the parties and persons concerned. Mediation no agreement after the expiration of the marine bodies shall be made of the inland traffic accident compensation for tort dispute mediation notice, serve on the parties and persons concerned. Mediation in the middle of a party, shall apply in writing to cancel mediation reached an agreement through mediation and then back out or fails to perform, the parties should report on the maritime agency, and to the people's Court.

    ” 12. by deleting to original 17th article: "water Shang traffic accident responsibility who should according to maritime institutions finds of responsibility, by following proportion bear compensation responsibility: (a) negative accident all responsibility of, bear 100% of compensation responsibility; (ii) negative accident main responsibility of, by responsibility size bear 60% above, and 90% following of compensation responsibility; (three) negative accident equal responsibility of, by accident parties average bear compensation responsibility; (four) negative accident secondary responsibility of, by responsibility size bear 10% above, and 40% of liability.

    ” 13. by deleting the original article 18th: "accident damages include: boats, rafts, facility damages, compensation for loss of the goods accompanying persons property damages, personal injury compensation, salvage fee, ship repair during reasonable business losses caused by accidents.

    ” 14. by deleting the original article 19th: "ships due to accidents and goods and Board staff compensation for property losses, calculate or estimate in the following ways: (a) the accident damaged ships, and so on, should repair repair is limited to restitution, according to vessel inspection departments to determine the scope of damage, approved by the maritime agency. (Ii) goods lost due to accidents, have the receipt the invoice price calculation of compensation. Accident damaged goods, according to the actual costs of repair or finishing. (C) the crew, passengers, cargo, supercargo carry-on items of damage and loss, should provide the relevant evidence, and approved by the maritime agency discount compensation, up to 800 Yuan. Economic compensation for foreign personnel, in accordance with the relevant provisions of the State. (Four) for accident damaged cannot repair or full loss of ship, and facilities and the goods, for accident out lost no invoice of goods and he on compensation price has dispute of items, can by maritime institutions or party delegate has price mirror card institutions qualification certificate of price mirror card institutions law on compensation price for finds, its issued of price certification book do for loss compensation price of according to.

    ” 15. original 20th as the 16th and amended as: "traffic accident damages on inland waterways projects and standards in accordance with the relevant provisions of that law.

    ” 16. by deleting the original article 21st: "disability requiring treatment from the accident and has provided outpatient or inpatient treatment, but which still require a referral to treatment, care, non-emergency or accident-related, shall take the relevant medical certificate, and agreed by the maritime agency. Without hospital admission, transfer, and use of nursing personnel, since the purchase of drugs or over notification of hospital discharge date and refused to discharge, the costs are borne by the injured or disabled.

    ” 17. by deleting the original article 22nd: "party of disability due to injury, 15th after the end of treatment, according to the medical certificate from the statutory malingering assessment bodies according to the national traffic accident assessment grade standards grade. Disability living allowance according to the assessment of disability level, grade is calculated by 100%, ⅱ 10%, followed by analogy.

    ” 18. by deleting the original article 24th "accident responsibility violates the not timely report, incident report or accident report was submitted content is not real, effect on the investigation and handling of accidents, the maritime agency impose a penalty of 100 Yuan and 300 yuan. Party refuses to accept the investigation of the accident or intentionally concealing facts and providing false testimony, the maritime agency fined 200 Yuan and 500 Yuan fine.

    ” 19. By deleting to original 25th article: "caused accident of, according to accident nature and responsibility, by maritime institutions on all responsibility people sentenced 500 Yuan above 3000 Yuan following fine; on main responsibility people sentenced 300 yuan above 2000 Yuan following fine; on equal responsibility people sentenced 200 Yuan above 1000 Yuan following fine; on secondary responsibility people sentenced 200 Yuan above 500 Yuan following fine, and by national about provides temporarily buckle until revoked crew suitable any certificate. Constitute a crime, criminal responsibility shall be investigated according to law.

    ” 20. by deleting the original article 26th: "owner or operator ordered, condoned or illegal operation forced crew members, or in violation of navigation caused the accident, the maritime agency fined 1000 Yuan and 20,000 yuan fine. Constitute a crime, criminal responsibility shall be investigated according to law.

    ” 21. an article shall be added as article 22nd: "according to the causes of traffic accidents on inland waterways, maritime administrative agency may order all persons on vessels and floating facilities, operators or managers on their respective vessels and floating facilities to enhance security management. The vessels and floating facilities owner, operator or manager shall cooperate actively and seriously implemented. Refusing to strengthen management or do not meet the security requirements within the time limit, the maritime administrative agency has the right to take measures such as ordered to stop, stop operation.

    ” 22. the former article 29th as the 24th and amended as: "traffic accidents on inland waterways mentioned in these measures refers to vessels and floating facilities in inland navigable waters occur collisions, touch, rocks, wave damage, stranding, fires, explosions, sinking and other events that cause personal injury and property damage.

    ”

    23. in the articles "water traffic accidents" is amended as: "traffic accidents on inland waterways", "maritime agency" is amended as: "maritime administration"; "vessel" is amended as: "the vessels and floating facilities".

    Third, the management measures of Gansu province on the administrative law enforcement (December 31, 1997, the provincial government, 30th) 1. the article is revised as follows: "in order to strengthen the management of administrative documents, protection and supervision of administrative bodies or organizations, law enforcement personnel, administration and supervision of law enforcement personnel shall exercise functions under the People's Republic of China Law on administrative punishment in Gansu province and the administrative law enforcement supervision regulations, these measures are formulated.

    ” 2. the article is revised as follows: "administrative law enforcement organs at all levels in the province, as well as personnel working in administrative law-enforcement in administrative law enforcement organs, should be harmonized to apply for and use of administrative law enforcement in Gansu province.

    ” 3. Fifth Amendment: "administrative law enforcement organs should be subject to the people's Governments at the corresponding level of unified management of administrative documents. When issuing a written decision of administrative processing, administrative law enforcement entity certificate shall indicate, Gansu province, and administrative law enforcement documents, stamped with the seal of the subject of administrative law enforcement units, and signed by the administrative law-enforcement officers.

    ” 4. the seventh paragraph is amended as: "the range of certified administrative law enforcement supervision certificate in Gansu province of the people's Governments above the county level leadership and Government personnel engaged in administrative law enforcement supervision in the Office of Legislative Affairs, administrative law enforcement departments of the people's Government above the county level leadership and the Department engaged in administrative law enforcement supervision of personnel in the Office of Legislative Affairs, administrative law enforcement supervisors employed by provincial and municipal people's Governments.

    ” 5. Add a paragraph in the Nineth, second paragraph: "central in the Kennedy administration law enforcement units, vertical management departments below the provincial administrative documents issued by the provincial people's Government.

    ” 6.12th article modified for: "has following case one of of not issued administrative law enforcement card and administrative law enforcement supervision card: (a) not has engaged in administrative law enforcement and administrative law enforcement supervision conditions of personnel; (ii) not directly engaged in holding card law enforcement work of personnel; (three) annual assessment not competent of administrative law enforcement personnel; (four) assist law enforcement of contractors, and temporary and seconded personnel; (five) without unified training or training exam not qualified of personnel; (six) other not meet sent card conditions of personnel.

    ” 7. the 13th article is revised as follows: "apply for a certificate of administrative law enforcement, should fill out the certificate of administrative law enforcement in Gansu province claim form, step by step legal work of the people's Governments above the county level bodies review, submitted to the provincial people's Government legal work to receive.

    ” 8. the 18th is revised as follows: "legal work of the people's Governments above the county level bodies shall, within their respective administrative areas administrative law enforcement personnel, administrative law enforcement supervision staff supervision and inspection of the certified law enforcement.

    ” 9. the 19th amendment as follows: "implementation of annual examination registration system for administrative law enforcement documents, examined specific legal work of the people's Governments above the county level registered agencies, and annual review in the administrative law enforcement officers in the training manual specified.

    ”

    10. the fourth chapter title is revised as follows: "legal liability". 11.22nd article modified for: "administrative law enforcement organ has following case one of of, by County above government legal work institutions law corrected, and recommends about organ held responsibility people of administrative responsibility: (a) not has administrative law enforcement subject qualification of units engaged in administrative law enforcement activities of; (ii) is made administrative law enforcement subject qualification, but beyond administrative terms range law enforcement of; (three) not made law enforcement qualification engaged in administrative law enforcement work of (Iv) loss of administrative law enforcement certificate not to report or statement of cancellation caused no adverse effects, and (v) other violations of administrative law-enforcement documents use the term.

    ” 12.23rd article modified for: "administrative law enforcement personnel, and administrative law enforcement supervision personnel ultra vires using or implementation positions Shi not active show administrative law enforcement card, and administrative law enforcement supervision card and using documents seek self-interest, and engaged in illegal activities of, holding card personnel where organ or County above government legal work institutions should give criticism education or temporarily recovered its documents; plot serious of, in accordance with Gansu province administrative law enforcement supervision Ordinance be processing.

    ” 13. by deleting the original article 28th: "this approach by the provincial legal Affairs Bureau is responsible for the interpretation.

    ”

    14. will the article in the of "the city, and autonomous county (city, and district) Government" modified for: "the City State, and County urban government"; "Province Government Legal Council" modified for: "Province Government legal work institutions"; "Gansu province administrative punishment implementation institutions qualification" modified for: "Gansu province administrative law enforcement subject qualification card", by deleting to approach the article in the "around administrative office" of expressed. More than 3 pieces of text of the regulations and the provisions of the Government order, be revised and adjusted in accordance with the present decision and promulgated again.