Wuhan Funeral Management Approach

Original Language Title: 武汉市殡葬管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346566.shtml

Wuhan funeral management approach

    (November 15, 2010 119th meeting consideration of the people's Government of Wuhan municipality on December 7, 2010, order No. 213, release from the people's Government of Wuhan municipality as of January 7, 2011) Chapter I General provisions

    First to promote reform of funeral and interment, strengthen the management of funeral, promoting the construction of socialist spiritual civilization, under the funeral and interment management regulations (State Council order No. 225) and the provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to funeral activities within the administrative area of the city and its management.

    Martyrs of the revolution, minority people, Hong Kong and Macao residents funeral activities and management, overseas Chinese and foreigners, provided in national and provincial prevail.

    Article City funeral management, adhering to a cremation, conserve land, protect the environment, civilized principles of frugality.

    Fourth of municipal and district people's Government to strengthen the funeral management leadership within their respective administrative areas, funeral work into national economic and social development planning, establishing and perfecting the funeral service system covering urban and rural areas. Is the fifth public service and interment Administrative Department is responsible for organizing the implementation of these measures.

    District offices of the Home Affairs Department responsible for the administration of funeral and interment management.

    Development and reform, land planning, finance, public security, health, religion, environment, prices, agriculture, forestry, industry and commerce, quality supervision, transportation, urban management, culture, education and other sectors doing funeral work according to their respective responsibilities.

    Article sixth of Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, East Lake ecological tourism scenic spot Management Committee in accordance with this approach, and the provisions on district people's Government and the relevant departments management duties, responsible for funeral management within their respective jurisdictions.

    Township people's Government is responsible for the area, neighborhood offices in accordance with the responsibilities of funeral and interment management.

    Article seventh funeral industry organizations should assist the civil affairs departments for funeral management, in accordance with the articles of its coordination and self-discipline to guide legitimate, fair play and integrity management.

    State organs, organizations, enterprises, institutions and grass-roots mass self-government organizations and other social organizations, it should be in harmony with the Civil Affairs Department in the unit or the Organization of funeral reform, civilized and thrifty funeral publicity and education work.

    Article eighth respect funeral customs of ethnic minorities, national minority masses ' voluntary according to reform funeral customs of the civilized principles of thrift, others should not interfere.

    Chapter II funeral facilities construction

    Nineth shall, jointly with the municipal development and public service reform, land planning, environmental protection, forestry and other sectors, according to the municipal land use plan and the overall planning of urban and rural population, land, transportation, the environment and other factors, development of funeral facilities planning in the city, submitted to the municipal people's Government promulgated after approval.

    Tenth of municipal and district people's Government shall, according to the city construction of funeral facilities planning, preparation of new and reconstructed funeral facilities planning and comprehensive plan be included in the arrangement.

    Limit construction in operating cemetery in this city, to encourage and promote the construction of public welfare cemeteries.

    11th article Jiang, and jianghan district, and (Editor Note: this word left for stone, right for Joe) mouth district, and Hanyang district, and Wuchang district, and qingshan district, and Hongshan district and Wuhan Lake technology zone, and Wuhan economic and technological development zone, and City Lake ecological tourism scenic (following said Center City) crematorium, and funeral home, and cemetery of construction, by public political sector with city development reform, and land planning, and environmental, sector proposed construction programme, reported City Government approved.

    The construction of crematoria, other area funeral homes, cemeteries, and by the district authorities and the district development and reform, land planning and environmental protection Department-building programmes, reported to the people's Governments at the corresponding level approval, and report to the public service record.

    12th crematory, funeral home-building and the use of facilities and equipment shall conform to the national and local standards, and prevent environmental pollution.

    13th cemeteries should be built on barren hills and ridges, not in areas other than the cemetery cemetery.

    Prohibit construction cemetery in the following areas:

    (A) arable land, forest land;

    (B) urban parks, forest parks and scenic areas, conservation areas and nature reserves;

    (C) from the reservoir, water sources, river dikes within 500 m;

    (D) the distance along the main line within 500 metres of railway, highway;

    (E) from the residents living within 500 meters;

    (F) other areas prohibited by laws and regulations.

    Area of cemetery already in the preceding paragraph, subject to protection by the State are of historical, artistic or scientific value to be retained beyond deadline should be migrated or buried, leaving no grave.

    Article 14th ashes buried in the cemetery facilities shall not land or less land in favour of the principle of the protection of the ecological environment planning and construction, a single grave (grave) area of no more than 1 square meters, tombstone height of 1 meter, and construction of green area not less than the total area of the District of 30%.

    To promote and encourage the use of materials in favour of natural degradation of the headstones, markers, implementation structures and marked the grave of miniaturization, artistic and environmental protection.

    Cemetery may be constructed within a family tomb, Tomb of the clan groups and facilities for feudal superstition. 15th cemetery is divided into operating cemetery and public cemeteries.

    Public welfare cemeteries including city public welfare cemeteries and public cemeteries in rural areas. For-profit cemetery refers to provide paid services of a public cemetery for the burial of ashes.

    City public cemetery is not-for-profit, public cemeteries provide ashes for burial services for urban residents; construction of rural public welfare cemeteries are organized by the township or village, not for profit-making purposes, provide services for residents of the township or village buried the ashes of a public cemetery.

    Forbidden to be changed as the business of the public cemetery cemetery.

    16th city public welfare cemeteries mainly in municipal and district people's Government investment, encourage businesses, social organizations and individuals donated construction of city public cemetery.

    17th city public cemetery land, according to the priority allocation of social welfare.

    Ash city public cemetery for burial facilities construction, shall be based on deep, tree-planting (flower beds, lawns) and stereo buried not for land or less land, protection of the ecological environment-friendly manner.

    City public cemetery grave should be horizontal. Article 18th construction of rural public welfare cemeteries should be integrated into the city's new Socialist rural construction planning and public welfare construction planning at the village level.

    Public cemeteries in rural areas to towns or several adjacent villages to build; remote or inaccessible areas, villages to build.

    Construction of rural public welfare cemeteries, discussed and resolution shall be subject to the villagers ' Congress, applied by the villagers ' Committee for programmes and projects, by the Township people's Government, approved by the district.

    Migrating public cemeteries in rural areas shall be formed by the villagers ' Congress discussed and resolutions, Township people's Government, and submitted to the district authorities for the record.

    Article 19th of cemetery land through bidding, auction and listing sold to determine land use.

    Construction management of the cemetery, shall submit an application to the district authorities, via public administration review, submitted to the provincial Civil Affairs Department for approval.

    Cemetery operations approved should be carried out in accordance with the relevant provisions of the State planning and construction, and in accordance with the proportion of total capacity of not less than the planning and construction of buried 30% building ash walls () low price buried facilities.

    Article 20th funeral facility except in accordance with the provisions applying to the civil affairs departments and approval procedures, shall handle the project, land, planning, environmental impact assessment and construction related approval procedures.

    After completion, the city public funeral facilities, management service shall handle the registration of institutions or civil society organizations, and get the price premium license, to carry out service activities.

    After completion, the construction of rural public funeral facilities, ashes are available for residents of the township or village for burial service, but may not charge any fees.

    After acceptance, the management of funeral facilities, the operator shall apply to the governance of the public sector business qualification and acceptance, acceptance and then reported to the provincial Civil Affairs Department granted operating licenses, business license by the civil affairs departments for industrial and commercial registration, may operate.

    Chapter III bodies and cremated

    Article 21st death the remains in the administrative area of the city, should carry out the cremation; no body for burial, nor bury ashes coffin.

    Cremated remains may not be in place outside the crematorium.

    22nd the dead man's heir or heirs commissioned by people for their mourning; no heirs of the deceased, guardians, bequests, dependants and other relatives or their living units, residence or last place of residence (village) committees for their mourning (hereinafter referred to as the funeral the undertaker).

    23rd funeral undertaker in accordance with the following provisions, and cremation booking pick bodies:

    (A) died at home, within 72 hours from the time obtained a death certificate;

    (B) deaths in medical institutions, within 8 hours from the time obtained a death certificate;

    (C) deaths in other places, obtaining a death certificate from the time within 2 hours.

    Crematorium shall make an appointment time to pick up the remains.

    24th funeral undertaker should be registered in the district health departments at or above the medical certificate of death for medical certificate or death certificate issued by the public security Department, for the cremation of procedures.

    Medical certificate of death and death certificates issued by specific measures by the City Health Department, in conjunction with the municipal Public Security Bureau enacted separately, the Home Department and to the public. 25th unknown and unclaimed remains, belonging to death, by the medical institution or district relief agencies to find the claimant. After finding unclaimed, announced to the public.

    Bulletin 60 remain unclaimed in the future, informed by the bulletin remains local public security Department as the body extract and save after the DNA biological material, written notice to the crematorium for a cremation matters.
Belong to the unnatural deaths of unknown and unclaimed bodies, by the Public Security Bureau in accordance with the relevant provisions of the investigation remains unknown.

    Of the unknown and unclaimed remains of bulletins, transport, refrigeration, extraction and save the DNA biological samples, cremated, ashes and other treatment costs are covered by municipal financial expenditures.

    Article 26th remains of wrongful death, shall be deposited in a crematorium. Article 27th unless required by law to verify the identification of remains should be cremated after being transported to the crematorium in the 10th.

    Funeral Cremation contractors under special circumstances require an extension, may apply to the crematorium for extension of cremation, but shall not exceed 60 days. Within the time limit prescribed in the preceding paragraph, of funeral undertaker is not cremation formalities, crematorium, shall be made in writing or in this city's main media announcement of funeral undertaker deadlines for processing.

    Since the notice or within 60 days from the date of announcement still not financed, crematorium can be cremated remains.

    For more than 60 days after the cremation, the funeral the undertaker did not receive ashes, crematorium can send the ashes to the cemetery are buried.

    Before the 28th crematorium for the remains, shall examine the medical certificate of death of the deceased, death certificate, funeral Undertaker's ID cards or other legal certificates, and together with the funeral the undertaker to sign remains.

    Medical institutions, police, the judiciary and home relief, welfare organizations cremation formalities, shall appoint staff as a funeral undertaker, cremated in accordance with the provisions of the first paragraph of this article.

    After the cremation, crematory funeral contractors should be persons or bodies referred to in the preceding paragraph proof of cremation.

    Archive safekeeping cremation crematorium shall, in accordance with the relevant provisions, cooperate with the public security and health departments of statistics of deaths.

    Article 29th on bodies with a class infectious diseases, anthrax deaths, the medical institution shall, in accordance with the relevant provisions of the prevention and control of infectious diseases, health treatment immediately, notify the nearest crematorium pick and immediately cremated; died suffering from other infectious diseases, when necessary, medical and health institutions of death the remains should be cremated after sanitary treatment inform the nearest crematorium feeder.

    Crematorium in accordance with this regulation to receive a high level of corruption remains should be cremated immediately. Article 30th crematorium feeder body shall carry out the necessary technology to ensure health, prevent pollution of the environment and spread disease.

    Transporting the remains should be disinfected after each use and in accordance with the provisions under the prevention of the local disease prevention and control check.

    Transporting the body shall conform to the Ministry of Civil Affairs issued the requirements of small and medium service General technical condition of the car, vehicle appearance, and marks a clear, specific requests from the public service together with the municipal transportation Department of public security and communications management, and to the public.

    Printed signs posted in public service body trucks, traffic in the urban area is exempt from City Road and bridge tolls. Article 31st non-city residents died in the administrative area of the city, really necessary for bringing the body back to the domicile, the funeral undertaker shall take the identity certificate and death certificate of the deceased, to apply to the public service.

    After approval, referred to the crematorium to transport dead bodies to their domicile crematorium, the costs borne by the funeral undertaker.

    Through the remains of civil aviation, railway transportation, the crematorium specified by the public service in accordance with the relevant provisions of the State.

    The fourth chapter placing the ashes and funeral activities

    Article 32nd after cremation, the ashes can be stored in the crematoria or buried within the cemetery.

    Encourage buried in the cemetery, trees (flower beds and lawns) bury, bury ashes does not land or less land, placed the ashes in favour of protecting the ecological environment. Using deep, trees (flower beds and lawns) mass, ashes buried, such as placement of ashes, awarded to civil administration departments.

    Specific measures formulated by the public service together with the municipal financial department.

    Article 33rd cemetery service unit or operator shall use the funeral undertaker issued cremation certificate or funeral services proof of transfer rented Tomb or cells for the storage of ashes.

    Without proof of legal, may not provide the grave or cells for the storage of ashes. 34th the service unit or operator of the cemetery cemetery contract with funeral undertaker and issued a certificate.

    Contract shall meet the following main provisions:

    (A) the names of both the contract (name) and address (address);

    (B) area and location;

    (C) the price structure and method of payment;

    (D) the costs for cemetery maintenance and payment;

    (E) the modification, rescission and termination of the contract conditions;

    (F) liability for breach;

    (G) the contracts dispute resolution methods;

    (H) agreed on the rest of the contract.

    Cemetery contract demonstration text printing by the municipal departments of industry and commerce in collaboration with the public service.

    35th cemetery graves and cells for the storage of the ashes of a lifetime is 20 years, can renew the service contract renewal after expiry.

    Article 36th public cemeteries in rural area facilities and the storage of ashes shall be made to this Township and village residents of other personnel.

    37th mourning activities shall comply with the following provisions:

    (A) prohibited from offering hanging scaffolding city; shall not be occupied city squares, roads, schools, hospitals and other public places to set up the Hall, placed or burning superstitious, superstitions;

    (B) shall not be placed in the city's main roads and busy business districts on both sides of wreaths, baskets; elsewhere placed wreaths, baskets, shall not affect the surrounding masses to normal traffic;

    (C) shall not give rise to noise pollution;

    (D) shall not violate the provisions in the crematorium, funeral home, funeral services and cemetery place of fireworks;

    (E) shall not be held in the place without a recognized minority religion managing Department national, religious funeral ceremony;

    (Vi) other provisions of the laws, regulations and rules.

    Article 38th municipal, district departments, should gradually set up a special funeral service locations, convenient funeral mourning funeral activities, and to take measures to guide the civilization frugal funeral.

    Fifth chapter funeral services and regulatory

    39th crematorium, funeral homes, cemeteries by the Home Department to implement industrial management and in accordance with the State regulations imposed on relevant business services unit and its staff services for annual examination system.

    Funeral services and funeral equipment, supplies, production, sale, shall handle industrial and commercial registration or any other relevant approval procedures.

    40th article of the regional disallowing funeral supplies, following points of sale:

    (A) on both sides of the main road of the city;

    (B) the downtown business district;

    (C) passenger stations (terminals), around railway stations, airports and other transport hubs;

    (D) the main landscape facilities in scenic areas, parks, cities and tourist attractions nearby.

    41st government investment should gradually integrated with the crematorium for the construction of a funeral home will have the public's basic services separate from the business services and services classification be publicized. 42nd article of the municipal urban and rural low-income residents basic funeral service assistance system. City residents enjoy urban and rural minimum living guarantee, certificate may apply for body pick up basic funeral services, cremation and placing the ashes in.

    Specific measures formulated by the public service together with the municipal financial department.

    Municipal people's Government, according to the city's economic and social development level, and gradually establish free basic funeral service system of urban and rural residents.

    43rd city public cemetery in accordance with the principle of guaranteed profit, approved by the commodity price departments pay standard fees charged by all for construction, maintenance and management of the cemetery.

    For-profit cemetery operator shall, in accordance with relevant regulations of the State in its operating income in the proportion of cemetery maintenance and management costs, single account earmarked for cemetery maintenance and management, and at the Civil Affairs Department under the supervision of extraction and use.

    Article 44th of cemetery operators are outside the cemetery where point of sale should be set to the Commerce Department for a license, and set to the District Civil Affairs Department for the record.

    Article 45th funeral facilities service unit or the operator shall implement the provisions of price management in the pay window prices; without the user's consent shall not be forced to provide fee-for-service. For-profit cemetery grave for the first time, operators in operating cemetery grave except in accordance with the regulations of the State charged rental fees, Tomb built flat cost, funeral services and cemetery maintenance fees shall not be charged any other fees.

    Continuation of the Tomb, the operators could only charge a rental charge for grave and cemetery maintenance.

    Article 46th funeral service or facility operator shall establish and perfect body feeder, preservation, cremation, the ashes placed, such as the rules and regulations, providing specifications, quality and convenience of service; not allowed to use it for personal gain, to obtain property acts on public order or engage in superstitious activities, shall be discouraged and stop.

    47th funeral facilities service unit or operator shall strengthen the management of funeral facilities and keep funeral services and facilities clean and in good condition, prevent pollution of the environment.

    48th civil affairs departments should strengthen supervision and management of funeral services, organize regular industry association industry evaluation and evaluation results to the public.

    Industrial and commercial departments should strengthen supervision and management of funeral services and funeral supplies market, safeguard market order and the legal rights and interests of consumers.

    Pricing departments should strengthen price management of funeral services, reasonable adjustments and approved standards and reaching out to the public, to investigate and punish violations charges.

    Territorial planning, urban management, environmental protection, forestry, health, public security and other departments shall, within their respective mandates, to enhance supervision of the funeral industry.

    49th district, business, price departments shall establish a complaint handling system, published to report complaints, handle public complaints reported in the funeral services. Family members of the deceased or any other client's lawful rights and interests are infringed upon, you can complain to the relevant administrative departments.

    Receive complaints of Administrative Department shall receive and handle in a timely manner.
The sixth chapter legal liability

    50th article violates these rules, provisions and regulations dealing with laws and regulations, those provisions without treatment, according to the provisions of these measures.

    51st in violation of these rules, any of the following acts, by municipal and district authorities ordered to correct, and in accordance with the following provisions:

    (A) business operators in accordance with the provisions of the construction of the cemetery's ashes buried facility fails, fined a maximum of 10000 Yuan and more than 30000 Yuan, and report to the provincial Civil Affairs Department to cancel its qualifications;

    (B) the business operators in accordance with the provisions of the public copy of extract cemetery maintenance and management costs, it fails, fined a maximum of 10000 Yuan and more than 30000 Yuan, and report to the provincial civil affairs authorities canceled its license.

    52nd crematorium, funeral homes, public welfare cemeteries and other service units of any of the following acts, in addition to bear the corresponding legal responsibility, municipal and district authorities have primary responsibility should be personnel directly responsible shall be investigated according to law and administrative sanctions:

    (A) is not in accordance with the provisions of the identification of the cremated remains of a death certificate;

    (B) failing to establish archives, save the death certificate and the cremated remains of the relevant instruments materials;

    (C) use a device that is not in line with national technical standards, resulting in accidents, pollution of the environment;

    (D) is not in accordance with regulations regarding the transport of the bodies of vehicles for disinfection or failing to cremate a high level of corruption, a class infectious disease and anthrax deaths remains, cause accidents;

    (V) unauthorized increase of service items and charges.

    53rd civil affairs departments and discharge the responsibilities of funeral-related staff, abuse of power, dereliction of duty and corruption in the administration of funeral and interment, sanctions by their work units or by the competent Department; a suspected crime, shall be investigated for criminal responsibility by judicial organs.

    The seventh chapter by-laws 54th jiufeng Shan revolutionary martyrs cemetery management practices shall be separately formulated by the public service.

    Moslem cemetery management approach formulated by the ethnic and religious authorities and the public, government departments separately.

    55th article of the approach is the meaning of the following terms:

    Funeral facilities, refers to the crematorium, funeral homes, cemeteries and other places for funeral activities or buildings (structures).

    Funeral equipment refers to cremation machine (furnace), special vehicles, body movement, body refrigerated cabinets (coffin), Crystal (glass) coffin.

    Funeral supplies, refers to the urns, tomb stones, the shroud (bags), wreaths, and more.

    Crematories and funeral homes business, refers to the body transportation, anticorrosive, cold storage, plastic surgery, farewell, funeral services and cremation. 56th article of the measures on January 7, 2011. October 18, 1994, Wuhan municipal people's Government published the regulation on funeral (municipal order 79th) repealed simultaneously.