, 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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346515.shtml

, Hainan Province, Hainan Provincial people's Government on the revision of the 38 regulations such as phytosanitary measures for the implementation of decision

    (August 23, 2010 fifth people's Government of Hainan Province at the 52nd Executive meeting on August 29, 2010, Hainan Provincial people's Government announced order No. 230, come into force on the date of promulgation) Provincial Government decided to modify the following 38 regulations:

First, of the phytosanitary measures in Hainan Province

(A) article 19th is revised as follows: "any of the following acts, be criticized and punished according to law by the phytosanitary agency constitutes a crime, criminal responsibility shall be investigated in accordance with law:

"(A) without approval from the imported seeds, seedlings and other propagating material and inspection of plants, plant products;

"(B) privately transferred species without the seeds, seedlings and other propagating material, and other plants and plant products;

"(C) forgery, alteration, of obtaining phytosanitary certificates;

"(D) quarantine personnel or dealing with shipping, mailing, not principled, negligence caused the accident or to accept bribes; "(E) unreasonably interfere with or impede the quarantine personnel to perform their duties or retaliate.

” (B) article 22nd is amended as: "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 reconsideration, or not to prosecute, the decision can be legally enforceable.

    ”

Second, the second round of land contracting, Hainan Province, several provisions of the

(A) delete article eighth, 11th, 12th, (a), 14th, 17th, second paragraph. (B) the 18th article is revised as follows: "value-added part of the contracted land, the contractor shall, in accordance with the relevant laws and regulations contributed to the employer.



    (C) delete the article 19th.

    Third, the measures on military pensions and preferential treatments in Hainan Province

    Delete article 29th.

Hainan Province, and the management of place names (A) the modify the 14th article to: "settings, must be in written form of the place name sign specifications, standards relating to specific standards in compliance with the national standards Committee.



    (B) the 15th article in the "People's Republic of China public security administration punishment regulations" is amended as "People's Republic of China Law on administrative penalties for public security."

Five, of the funeral management in Hainan Province

(A) of the 41st, 42nd "People's Republic of China public security administration punishment regulations" is amended as "People's Republic of China Law on administrative penalties for public security." (B) the 43rd article is revised as follows: "the party does not accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. The party fails to apply for administrative reconsideration or bring a lawsuit, nor performs the decision on punishment, made the decision of the authorities may apply to a people's Court for compulsory execution.

    ”

Six, of the way of village affairs in Hainan Province The article is changed to: "the land expropriation and requisition and land use conditions shall open immediately. Contents include: nation-building land expropriation and requisition number of resettlement, land compensation fees, labor, adjusted and new Homestead sites, and floor space.

    ”

Seven, of the implementation measures for the administration of salt industry in Hainan Province

(A) of the 14th "expropriation" is amended as "expropriation". (B) article 36th is amended as: "party not satisfied with the administrative penalties may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. Expiration not to prosecute or carry out, made the decision of the authorities may apply to a people's Court for compulsory execution.

    ”

Eight, the Hainan implementation of salt iodization measures on Elimination of iodine deficiency hazard management Ordinance (A) seventh one paragraph is added as the second paragraph: "due to the treatment of disease, not consuming iodized salt, shall take the health administrative departments under local people's Governments at the county level certificate issued by the designated medical institution, the local people's Governments designated by the competent authorities for buying non-iodized salt in the salt industry.

” (B) modify the 15th to: "the party does not accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. The party fails to apply for administrative reconsideration or bring a lawsuit, nor performs the decision on punishment, made the decision of the authorities may apply to a people's Court for compulsory execution.

    ”

Ninth, the overseas Chinese compatriots in Hainan province invested Endowment incentives

    In the second paragraph of "the foreign investment in Hainan special economic zone Ordinance article seventh and eighth" amended to read "laws and regulations".

Ten, the measures for the implementation of forest fire prevention Ordinance in Hainan Province

(A) delete article 21st paragraph (c).

(B) the 29th, 32nd, 33rd, in the "article x of the forest fire prevention regulations" is amended as "the forest fire prevention Ordinance."

(C) article 34th in the "forest fire prevention headquarters or its authorized" is amended as "responsible for forestry or its delegates".

    (D) article 35th of the "People's Republic of China public security administration punishment regulations" is amended as "People's Republic of China Law on administrative penalties for public security."

Plenary, the Hainan special economic zone on land monitoring regulations

(A) to modify the article 25th to: "investigations after the hearings ended, contractors should submit the land investigation and trial of the case report, land administration departments considered closed.

"Land violations verified, should be given administrative punishments according to law, produced by the land management Department of the land written decision of administrative penalty. "The written decision shall be served on the parties.



(B) delete 26th second subparagraph (b). (C) to modify the article 29th to: "the party does not accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. Within the statutory time limit did not apply for administrative reconsideration or bring a lawsuit, or carry out, by the land management Department made the decision apply to the people's Court for compulsory execution.



(D) deleted article 30th.

    (E) the 33rd in the "People's Republic of China public security administration punishment regulations" is amended as "People's Republic of China Law on administrative penalties for public security."

12, the provisions on the use of idle land disposal in Hainan Province

    The eighth article of the "32nd of the Hainan special economic zone on land management Ordinance" is amended as "the Hainan special economic zone the land management Ordinance."

13, the provisions on the disposal of idle agricultural land in Hainan Province

    In the fifth section of "the special economic zone of Hainan land management Ordinance 36th, 57th" amended to read "the Hainan special economic zone the land management Ordinance."

14, the regulations on the management of land used for agricultural development in Hainan Province

    In the eighth paragraph of "expropriation" is amended as "expropriation".

XV, the land reserve, Hainan Province, finishing of the interim measures for the Administration

    In the 26th, "head of the Hainan administrative accountability interim provisions" is amended as "the provisions".

16, the Hainan implementation of People's Republic of China Law on guarding State secrets rules

(A) the seventh, eighth and Nineth, tenth paragraph, 19th in the "measures for the implementation of article x of the code of secrecy" is amended as "measures for the implementation of the code of confidentiality", "article x of the code of secrecy" is amended as "Privacy Act". (Ii) will 20th article first paragraph in the of "confidential method 31st article and confidential method implementation approach 29th article" modified for "confidential method and confidential method implementation approach", and will third paragraph modified for: "on has this article first paragraph behavior and has following case one of of, should from heavy give administrative sanctions: (a) leaked national secret has caused damage consequences of; (ii) to seek self-interest for purpose leaked national secret of; (three) leaked national secret against is unlikely to but times more or number larger of (Iv) using his power to force others to violate the confidentiality provisions.

” (C) article 22nd is amended as: "intentionally or negligently leaked State secrets, in serious cases, causing significant harm or to outside agencies, organizations, people, stealing, spying and illegally providing State secrets constitute a crime, the judicial organs in accordance with the People's Republic of China Criminal Code relating to criminal responsibility shall be investigated.

    ”

17, the implementing rules of the floating population's family planning, Hainan Province

(A) will first article, and seventh article subsection (six) items, and eighth article subsection (four) items, and 13th article, and 14th article, and 16th article, and 19th article, and 22nd article in the of "floating family planning management approach" modified for "floating family planning work Ordinance", and "floating family planning management approach subsection x article" modified for "floating family planning work Ordinance", and ", Hainan Province, family planning Ordinance" modified for ", Hainan Province, population and family planning Ordinance". (Ii) the 23rd is revised as follows: "not satisfied with the decision of the parties, may apply for administrative reconsideration or bring an administrative suit.

    ”

18, the provisions on the building fire protection management in Hainan Province

(A) article in the "People's Republic of China Fire Services Ordinance" is amended as "People's Republic of China Law on fire."

(B) delete article 15th.

(C) of the 17th "in charge of construction of the Department shall not issue a notice of construction" is amended as "construction administrative departments shall not be granted construction permits."

(D) delete the article 25th, 26th, 29th.

(E) in the 31st "People's Republic of China on public security administration punishments Ordinance, the People's Republic of China Fire Services Ordinance" is amended as "People's Republic of China Law on administrative penalties for public security, the People's Republic of China Law on fire."

(Vi) delete 32nd, 34th. (VII) the 36th is revised as follows: "units or individuals be punished refuses to accept the punishment decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. If no application for reconsideration does not sue nor complied with, made the decision of authorities may enforce or apply to a people's Court for compulsory execution.

    ”

19, of the fire safety regulations in public places in Hainan Province

(A) of the 17th "to appoint a professional maintenance companies regularly test and maintenance" is amended as "the need for regular testing and maintenance."

(B) of the 38th "approved fire loss" is amended as "statistical fire damage."
(C) delete article 41st (a) and (e).

(D) the 44th article is revised as follows: "citizens, legal persons or other organizations not satisfied with the decision may apply for reconsideration or bring an administrative lawsuit in accordance with law. The party fails to apply for administrative reconsideration or bring a lawsuit, nor performs the decision on punishment, made the decision of authorities may enforce or apply to a people's Court for compulsory execution.

    ”

20, of the urban public fire facilities management in Hainan Province

    27th, 28th, 29th in the "x of article x of the Fire Services Ordinance, Hainan Province, the" amended to read "in Hainan Province of the Fire Services Ordinance."

21, Hainan Provincial tobacco monopoly administration punishment regulations Articles 22nd Amendment: "the party does not accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. The party fails to apply for administrative reconsideration or bring a lawsuit, nor performs the decision on punishment, made the decision of the authorities may apply to a people's Court for compulsory execution.

    ”

22, the provisions on the management of floating population in Hainan Province Article 45th is revised as follows: "the party does not accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. If no application for reconsideration or prosecuted, nor performs the decision on punishment, made the decision of the authorities may apply to a people's Court for compulsory execution.

    ”

23, the annual test of Hainan special economic zone enterprises 15th article is revised as follows: "legal person does not accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. Enterprise legal person fails to apply for administrative reconsideration or bring a lawsuit, nor performs the decision on punishment, made the decision of the authorities may apply to a people's Court for compulsory execution.

    ”

24, of the Hainan special economic zone Enterprise auditing requirements 27th is amended as: "the enterprise being audited of audit institutions deal with decisions, refuses to accept the punishment decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    ”

25, of the budget audit of the implementation of supervision at all levels in Hainan Province (A) the article is changed to: "in order to ensure that budgetary implementation at all levels of the province and other fiscal auditing and supervision of the work shall be carried out, in accordance with the People's Republic of China audit law, combined with the facts of the province, these measures are formulated.

” (B) article 12th amended as: "audited of audit institutions on budget audit does not accept the decision, to submit for auditing organs of the people's Governments at the corresponding level award, the people's Government's decision is final.

    ”

26, the auditing provisions of the legal representative of the Hainan special economic zone enterprises

    In the tenth "of the People's Republic of China implementation of the audit law regulations section 11th" is amended as "People's Republic of China implementation of the audit law Ordinance."

27, the provisions on the audit of key construction projects in Hainan Province

    The 13th article of the "People's Republic of China implementation of the audit law Ordinance 49th" is amended as "People's Republic of China implementation of the audit law Ordinance."

28, the ferry management in Hainan Province

    The 20th article of the "People's Republic of China public security administration punishment regulations" is amended as "People's Republic of China Law on administrative penalties for public security."

29, the Hainan special economic zone on management of organization code Article 18th is amended as: "the organization is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. If no application for reconsideration, or not to prosecute or carry out the decision, made the decision of the authorities may apply to a people's Court according to law enforcement.

    ”

30, management of standardization of the Hainan special economic zone 31st article is revised as follows: "party not satisfied with the administrative penalties may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. The party fails to apply for reconsideration or does not bring a lawsuit nor performs the decision on punishment, made the decision to apply to the people's Court for compulsory execution.

    ”

31, the measures for the management of city appearance and environmental sanitation in Hainan Province

    The 51st "People's Republic of China public security administration punishment regulations" is amended as "People's Republic of China Law on administrative penalties for public security."

32, of the urban drinking water regulation on supervision and management in Hainan Province

    The 26th "the administrative reconsideration regulations" is amended as "People's Republic of China administration reconsideration law."

, Hainan Province, 33, the implementation of emergency measures for the public health Ordinance

    In article 44th of "People's Republic of China Law on food hygiene" is amended as "People's Republic of China Law of food security".

34, the management of fishing port in Hainan Province

    11th "expropriation" is amended as "expropriation and requisition."

35, the measures for the administration of registration of institutions in Hainan Province (A) the fourth is revised as follows: "institutions at all levels in the province authority belongs to the registration authority in public institutions (hereinafter referred to as registration authority) is responsible for the level State organ or other organization organized by the institution's legal registration of State-owned assets management.



    (B) article 17th, 20th, 23rd in the second paragraph of section "20th" amended to read "within 30 days".

36, of the postal regulations of Hainan Province

    Of the 30th "expropriation" is amended as "expropriation and requisition."

37, the provincial government information disclosure methods

    The eighth paragraph (vi) of the "expropriation" is amended as "expropriation and requisition."

38, the Hainan administrative area boundary dispute settlement The eighth article is changed to: "determine the ownership of the land in Hainan Province and dispute settlement regulation. ”