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, Hainan Province, Hainan Provincial People's Government On The Revision Of The 38 Regulations Such As Phytosanitary Measures For The Implementation Of Decision

Original Language Title: 海南省人民政府关于修改《海南省植物检疫实施办法》等38件规章的决定

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Decision of the Government of the People of the Southern Province to amend regulations such as the application of plants in Southern Province

(Summit No. 52 of the Fifth People's Government of North and South Province, 23 August 2010, to consider the adoption of the publication of Government Order No. 230 of 29 August 2010 on the date of publication)

The Government decided to amend the following 38 regulations:

I. Purchase of plants in Southern Province

(i) Amend Article 19 as follows: “Any one of the following acts is criticized and punished by a plant and quarantine institution; constitutes a crime and is criminalized by law:

“(i) The introduction of breeding materials, such as seeds, trees, and the screening of plant, plant and plant products from abroad without authorization from the quarantine institutions;

“(ii) Private self-settlement of unsanitary seeds, breeding materials and other plant, plant and plant products;

“(iii) Fering, singlingering, decepting plants;

“(iv) Psychiatry or trajectory, mail mailers do not insist on the principle of sensitivities, play a responsibilities accident or use of work.

“(v) There shall be no reasonable interference or obstruction of the implementation of the mandate of the quarantine person or of reprisals.”

(ii) amend article 22 as follows: “The parties are not guilty of administrative penalties and may apply to administrative review or administrative proceedings in accordance with the law. The penalty decision may be enforced in accordance with the law by reason of failure to apply for reconsideration or prosecution.”

Several provisions for the second round of land contracts in the South Province

(i) Delete articles 8, 11, 12 (i), 14, 17, paragraph 2.

(ii) amend article 18, paragraph 2, as follows: “Parties added value in the transfer of landownership shall be surrendered by the contractor in accordance with the relevant legislation, regulations.”

(iii) Delete article 19.

ACHIEVEMENTS

Delete article 29.

Means of geographical distribution

(i) Amend article 14, paragraph 2, to read: “The place of the name mark, the written form must be regulated and the specific criteria are in compliance with the relevant standards published by the National Commission on Standardization”.

(ii) Amendment to the “Percentage for Security Management in the People's Republic of China” in article 15 as “The Law on the Safety and Security of the People's Republic of China”.

Metal management approach in the Southern Province

(i) Amendments to the Regulations on the Safety and Security of the People's Republic of China in article 41 and article 42 as “The Law on the Safety and Security of the People's Republic of China”.

(ii) amend article 43 as follows: “The parties may apply to administrative review or administrative proceedings in accordance with the law. The organs that have taken a disciplinary decision may apply for enforcement by the People's Court if the parties fail to apply for administrative review and are not prosecuted by the People's Court.

Public approach to village affairs in the Southern Province

Article 9 was amended to read: “The use of land collection, requisitioning and home base should be made public. The elements include: State construction, quantity of land for use, land compensation, labour settlement support, adjustment and location of new residential bases, use of persons and areas of area.

Medalities for the management of salts in Southern Province

(i) Removal of “approperation” in Article 14.

(ii) Amend article 36 as follows: “The parties are not guilty of administrative penalties and may apply to administrative review or administrative proceedings in accordance with the law. The organs that have imposed a penalty decision may apply to the enforcement of the People's Court.

Means of implementation of the Regulations for the Elimination of Immunization of iodine deficiency

(i) Article 7 adds the paragraph as paragraph 2: “In order to treat diseases, unused iodized salts should be certified by a medical agency designated by the Government's Health Administration at the local level to purchase non-iodized salts by units designated by the local government salt industry authorities.”

(ii) amend article 15 as follows: “The parties may apply for administrative review or administrative proceedings in accordance with the law. The organs that have taken a disciplinary decision may apply for enforcement by the People's Court if the parties fail to apply for administrative review and are not prosecuted by the People's Court.

Purchase incentives for investment in the port of Hong Kong

Amendments to Article 7, Article 8 of the Investment Regulations for Foreigners in the Area of the Sea will be made in article 2, paragraph 1.

Modalities for the implementation of the forest fire regulations in the Southern Province

(i) Delete article 21, paragraph 1 (iii).

(ii) Amendments to Article 29, Article 32 and Article 33 of the “Article x of the Forest fire Prevention Regulations” as “The Forest Fire Safety Regulations”.

(iii) Amendments to the “forest fire command or its authorization” in Article 34 are “forestry authorities or their commission”.

(iv) In article 35, the “Strategic Regulation for the Management of Punishment in the People's Republic of China” was amended to read “The Law on the Safety and Security of the People's Republic of China”.

Land inspection provisions in the Territory

(i) Amend article 25 as follows: “In the aftermath of the trial of the case, the licensor shall submit a report on the investigation of land violations and report on the closure of the land administration.

“Legal violations, as evidenced by law, should be punished by administrative penalties, and the Land Administration produces the Decision on Administrative Punishment of Land Violations.

“The decision shall be delivered to the parties.”

(ii) Delete article 26, paragraph 2 (ii).

(iii) amend article 29 as follows: “The parties may apply to administrative review or administrative proceedings in accordance with the law. In the statutory period, neither the executive review nor the prosecution of the People's Court was carried out, and the land administration that had made a punitive decision applied to the enforcement of the People's Court.

(iv) Delete article 30.

(v) In article 33, the “Strategic Regulation for the Management of Punishment in the People's Republic of China” was amended to read “The Law on the Safety and Security of the People's Republic of China”.

Landless Disposal Provisions in Southern Province

In paragraph 1 of Article 8, “Article 32 of the Regulations on Land Management of the Sea Southern Economic Zone” was amended to read “The Regulations on Land Management in the Zone of the Sea”.

Removal of agricultural land in Southern Province

Amendments to Article 36 and 57 of the Land Management Regulations of the Territory of the Southern Economies to Article 5 are as follows:

Several provisions for the management of agricultural development in the Southern Province

The word “expropriation” in article 8, paragraph 1, would be revised as “soft”.

Provisional approach to managing land reserves in Southern Province

Amendments to the “Provisional Rules for the Accountability of the Chief Executives in the Province of the Sea” in article 26 are “relevant provisions”.

XVI, Rules for the Implementation of the Concidential Law of the People's Republic of China

(i) Amendments to article 7, 8, article 9, article 9, article 10, article 19, paragraph 1, of the “Application of the Confidentiality Act” as “Application of the Confidentiality Act””, “Article x of the Confidentiality Act”.

(ii) In article 20, paragraph 1, the words “Article 31 of the Act on Confidentiality and article 29 of the Code of Execution of Confidentiality” were amended to read “The Confidentiality Act and the Code of Execution of Confidentiality” and to amend paragraph 3 to read: “[i]nizable State secrets that have occurred in one of the following circumstances shall be subject to administrative disposition: (i) disclosure of the consequences of damage caused by secret State secrets; (ii) disclosure of State secrets for private purposes; and (iv) greater use of confidentiality.

(iii) Amend article 22 as follows: “Criminal responsibility is criminalized by the judiciary in accordance with the relevant provisions of the People's Republic of China's Criminal Code in the light of the relevant provisions of the People's Republic of China”.

Implementation Rules for the management of family planning for the mobile population in Southern Province

(i) Amendments to articles 1, 7, subparagraph (vi), 8 (iv), 13, 14, 16, 19 and 22, “The Mobility Approach to Family Planning” as “The Regulations on the Work of the Mobility of Population Family Planning”, “Article x of the Mobility of Population Family Planning” to the Regulations on the Mobility of the Population and Family Planning”.

(ii) Amend article 23 as follows: “The parties may apply for administrative review or administrative proceedings in accordance with the law.”

XVIII, Sea South Province Rice Management Provisions

(i) Amend the National People's Republic of China Fire Safety Regulations in article I as “The People's Republic of China Fire Act”.

(ii) Delete article 15.

(iii) In article 17, “Education of administrative authorities shall not be granted a notice of construction tasks” to be amended to “establish an administrative authority shall not grant a construction licence”.

(iv) Delete articles 25, 26, 290.

(v) In article 31, “The Regulations on Justice Management of the People's Republic of China, the National People's Republic of China Fire Regulations” were amended to read “The Law on Justice Management of the People's Republic of China, the People's Republic of China Fire Act”.

(vi) Delete article 32, article 34.

(vii) Amend article 36 as follows: “The penalties are not uniformed by any unit or individual, which may apply for administrative review or administrative proceedings in accordance with the law. The organs that have made a decision to impose a penalty may be enforced by law or applied to the People's Court to enforce it without delay.

Safety regulation of fire safety in public places in the Province of the Sea

(i) In article 17, the words “shall require that professional maintenance companies be entrusted with regular testing and maintenance” should be amended to read “the need for regular testing and maintenance”.

(ii) Amend “approved fire losses” in article 38 to “Statistical fire losses”.

(iii) Delete article 41, subparagraph (i), subparagraph (v).

(iv) amend article 44 as follows: “Citizens, legal persons or other organizations may apply for review or administrative proceedings in accordance with the law. The organs that have taken a penal decision may be enforced by law or applied to the People's Court for enforcement by law without delay for administrative review or prosecution of the people's courts.

XX, Public Fire Facilities Management in Southern Province

Amendments to article 27, article 28, and article X, subparagraph x, of the Fire Safety Regulations in the Province of the Sea were made to “Regulations for firefighting in the South Province”.

Administrative penalties for the sale of tobacco in Southern Province

Article 22 should be amended to read: “The parties may apply for administrative review or administrative proceedings in accordance with the law. The organs that have taken a disciplinary decision may apply for enforcement by the People's Court if the parties fail to apply for administrative review and are not prosecuted by the People's Court.

Immunity management provisions in Southern Province

Article 42 would be amended to read: “The parties may apply for administrative review or administrative proceedings in accordance with the law. The organs that have made punitive decisions may apply to the enforcement of the People's Court if they are not brought to a review or are not prosecuted, and are not subject to the penalties decision.”

Annual test of corporate legal persons in the Territory

Article 15 was amended to read: “A business legal person may apply for administrative review or administrative proceedings in accordance with the law. Business legal persons may apply for the enforcement of the People's Court by failing to apply for administrative review or to the People's Court for the execution of sanctions decisions.

Twenty-four, Maritime Economic Zone Business Audit Provisions

Article 27 was amended to read: “The auditor's decision to deal with, punish decisions taken by the auditor may apply to administrative review or administrative proceedings in accordance with the law”.

XXV, Audit Monitoring of Budget Implementation at all levels of the Province of Sea

(i) Amend article 1 to read: “In order to ensure that audit oversight of budget performance and other income and expenditure at all levels of the province is carried out in accordance with the National People's Republic of China Audit Act, this approach is developed in conjunction with this province's practice.”

(ii) amend Article 12 as follows: “The audit decisions made by the auditor with respect to the payment of funds and expenditures made by the auditing authority may be brought to the judgement of the Government of the current rank of the audit body and the decisions of the Government of the people at this level are final”.

II.A.A.A.A.A.S., chap.

Amendments to article 11 of the National People's Republic of China Regulation on the Application of the Audit Law of the People's Republic of China are as follows:

XVII. Auditing provisions for the construction of projects in the Province of the Sea

Amendments to article 49 of the National People's Republic of China Regulations on the Application of the Audit Law of the People's Republic of China are to be made “the Regulations on the Application of the Audit Law of the People's Republic of China”.

AC.

Amendments to the “Private Security Regulation of the People's Republic of China” in article 20, paragraph 2, are “The Law on the Safety and Security of the People's Republic of China”.

ACHIEVEMENTS

Article 18 was amended to read: “Organizational bodies may apply for administrative review or administrative proceedings in accordance with the law. The organs that have decided to impose penalties may apply to the People's Court in accordance with the law without delay for reconsideration, or for failure to prosecute and not to comply with the penalties decision.”

Thirty-first, Standardized Management Approach to the Territory

Article 31 would be amended to read: “The parties are not guilty of administrative penalties and may apply for administrative review or administrative proceedings in accordance with the law. The parties were late to apply for reconsideration or failure to sue the People's Court for failure to comply with the sanctions decision, and the organs that had made a punitive decision applied for enforcement by the People's Court.

ACHIEVEMENTS

In article 51, “The Regulations on the Safety and Security of the People's Republic of China” were amended to read “The Law on the Safety and Security of the People's Republic of China”.

Water sanitation regulations in the cities of Southern Province

The Administrative Review Regulations in article 26 were amended to read “The People's Republic of China Administrative Review Act”.

Approaches to the Implementation of the Emergency Regulations on Public Health Problem

In article 44, the People's Republic of China Food Health Act was amended to read “The People's Republic of China Food Security Act”.

ACHIEVEMENTS

The word “expropriation” in article 11 was revised as “using, expropriating”.

XV. Registration management approach for the Ministry of the Interior

(i) amend article IV as follows: “The registry management body, which is owned by the management body at all levels of the province (hereinafter referred to as the registration management body), is responsible for the registration of legal persons in the enterprise units organized by the State organs or other organizations using State assets.”

(ii) Amendment to article 17, paragraph 2, article 20, paragraph 2, and article 23, “20 days” as “30 working days”.

ACHIEVEMENTS

The word “expropriation” in article 31 would be revised as “using, expropriating”.

ACHIEVEMENTS

The word “approperation” in article 8, paragraph (vi), was replaced with “using, expropriation”.

ACHIEVEMENTS AND PRACTICES

Article 8, paragraph 3, was amended to read: “The Land Rights in the Southern Province is defined and disputed regulations”.