Jiangsu Province, Jiangsu Provincial People's Government On The Revision Of The Tobacco Monopoly Regulation 21 Regulatory Decisions

Original Language Title: 江苏省人民政府关于修改《江苏省烟草专卖管理办法》等21件规章的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340937.shtml

Jiangsu Province, Jiangsu provincial people's Government on the revision of the tobacco monopoly regulation 21 regulatory decisions

    (January 4, 2011 Jiangsu Province Government 59th times Executive Conference considered through January 7, 2011 Jiangsu Province Government makes 68th, announced since announced of day up purposes) for adapted perfect China features socialist legal system of need, according to circular of the on do regulations cleanup work about problem of notification (State sent [2010]28,), Province Government decided on Jiangsu Province tobacco monopoly management approach, 21 pieces regulations for following modified:

    First, the administrative measures for tobacco monopoly in Jiangsu Province

    Article 29th is revised as follows: "any of the following circumstances, Department of tobacco monopoly Administration may order the permittee to suspend tobacco monopoly operations, reorganization, even cancel its eligibility to engaged in the tobacco business, take back its tobacco monopoly licenses:

    (A) the inspection is incompatible with the tobacco monopoly law and the tobacco monopoly law implementing regulations, and the administrative measures for tobacco monopoly licenses and conditions as provided herein;

    (B) the sale, lease, lend or in any other form of illegal transfer of tobacco monopoly licenses;

    (C) within a year due to illegal production and management of tobacco monopoly commodities were tobacco monopoly Administration Department or other law enforcement agency sanctions more than twice;

    (D) by the tobacco monopoly Administration Department or other law enforcement agencies as one-time seizure of counterfeit cigarettes, cigarette smuggling more than 50;

    (E) tobacco monopoly be held criminally responsible for illegal production and operation;

    (F) does the Department of tobacco monopoly Administration decision for administrative penalty;

    (VII) by the Administrative Department for industry and commerce shall revoke business licenses;

    (VIII) a tobacco wholesale business license of the enterprise, without permission to smoke tobacco, cigarette paper and filter rods, tow, cigarette manufacturing equipment were sold to non-tobacco monopoly production Enterprise licenses, tobacco wholesale business licenses businesses;

    (IX) other circumstances as stipulated by laws, rules and regulations. "

    Second, the measures for the agricultural extension in Jiangsu Province

    The article is changed to: "agricultural machinery in these measures refers to farming activities related to agricultural production and primary processing of products such as machinery and equipment."

    Of the three, the Jiangsu provincial price supervision and inspection measures

    Articles 22nd Amendment: "refuse or obstruct the price supervision and inspection personnel performing official business according to law, the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized; if the case is serious enough to constitute a crime, they shall be investigated for criminal responsibility by judicial organs."

    Jiangsu Province and the management of basic surveying and mapping

    (A) the article is changed to: "in order to strengthen the basic surveying and mapping management in our province, the promotion and development of basic surveying and mapping industry, played a fundamental guarantee for national economic and social development of surveying and mapping, according to the People's Republic of China surveying and mapping law and other related laws and regulations, these measures."

    (B) the article is changed to: "according to the basic surveying and mapping plans and update task requirements, local people's Governments at or above the county level development and reform authorities and the competent Department of surveying and mapping administration, preparation of the annual plan for the administrative area of basic surveying and mapping, and reported to the authorities at a higher level for the record." (C) the 21st is revised as follows: "the basic surveying and mapping TECHNICAL DESIGN of the project should be approved by the competent Department of surveying and mapping administration.

    Before the implementation of basic surveying and mapping projects, surveying and mapping unit shall handle the technical design of the project approval procedures ".

    Five, the measures on determination and protection of famous trademark of Jiangsu Province Article 18th is amended as: "Jiangsu famous trademark violations, industrial and commercial administrative departments to take measures to stop the infringing act, confiscate and destroy the infringing goods and designed to manufacture the infringing goods, counterfeit registered trademarks, and depending on the seriousness of illegal business 50% more than three times of the amount fined.

    On infringement of famous trade mark the exclusive right to the direct responsible person, industrial and commercial administrative departments depending on the seriousness of a fine of 5,000 yuan and 10,000 yuan fine constitutes a crime, criminal responsibility shall be investigated according to law. "

    Six, the Jiangsu Province lockAge fee collection and use methods

    (A) the sixth section is revised as follows: "lockAge fee collection standards of the provincial pricing, financial, transportation shall be formulated by the Administrative Department."

    (B) the deletion of Annex I, annex II.

    Seven, the management measures of Jiangsu Province, Jiangyin Yangtze River highway bridge

    (A) the sixth section is revised as follows: "the bridge is involved in the management of city planning, land management, forest protection, environmental protection, water conservancy projects, such as flood control, water traffic safety, in accordance with the relevant State laws and regulations."

    (B) the 22nd article is revised as follows: "due to bridge maintenance, repair and testing of temporary traffic control on the water, sailing ships issued by the maritime administrative agency shall, in accordance with circular walk".

    (C) the deletion of article 35th.

    Eight, the Sunan Canal, Jiangsu Province, traffic management measures (A) the third paragraph is amended as: "the transportation departments of people's Governments in charge of Sunan Canal, traffic management, of Sunan Canal along the city divided into districts, counties (cities) of the transportation departments of people's Governments in charge of area of Sunan Canal traffic management.

    Transportation departments of channel management, maritime management, transportation management institution in charge of Sunan Canal waterway, traffic safety and transportation management. "

    (B) the article is changed to: "across the River was built (structure) shall comply with the Sunan Canal flood control, drainage, water requirements, and technical specifications for standard route planning, navigation and waterway shall not reduce the navigable condition. Water with piers, should take fully into account and ship the influence of drift angle of flow.

    Cross-River cable holder pole position of the base land and River line distance shall be not less than 15 metres. "

    (C) the 23rd is revised as follows: "to violate the provisions of these measures channel management, in addition to laws and regulations by other competent administrative departments outside the penalty, the transportation departments of waterway management organs shall order correction, compensation for the loss, and be punished in accordance with the following provisions:

    (A) violation of sixth, seventh, eighth and Nineth, 11th paragraph (a) provides that subject to a warning, fined a maximum of 1000 Yuan and 5,000 yuan;

    (B) violation of article tenth, 11th paragraph (d), (e), (f) provides that subject to a warning, fined a maximum of 500 Yuan more than 2000 ".

    (D) modify the article 24th to: "to disobey traffic safety regulations, the maritime administrative agency order the rectification, and be punished in accordance with the following provisions:

    (A) article 17th, 18th in violation of this Ordinance specified in the first paragraph, fined a maximum of more than 1000 Yuan 2000 Yuan;

    (B) contrary to article 14th, a fine of 200 Yuan more than 1000 Yuan fine;

    (C) set forth in violation of the 15th, 16th, 17th, and sentenced to between 200 Yuan fines. "

    (V) modify the article 27th to: "for acts violating the Administration, by the public security organs in accordance with the People's Republic of China public security management punishment law provides punishment constitutes a crime, the attention of the judicial organs shall investigate the criminal liability".

    Nine, of the inland traffic accident treatment in Jiangsu Province

    (A) the article is changed to: "for timely, correctly handling traffic accidents on inland waterways, protect the legitimate rights and interests of the parties, in accordance with the People's Republic of China inland river transportation security regulations and the relevant State laws and regulations, combined with the facts of the province, these measures."

    (B) the words "port navigation supervisory authority" and "port navigation supervisory authority" is amended as: "maritime administration"; "port navigation supervisory staff" is amended as: "the maritime administrative agency staff".

    Ten, of the ferry management in Jiangsu Province

    (A) the seventh paragraph is amended as: "the setting of the ferry, transfer and withdrawal should be reported to the local people's Government at or above the County."

    Delete the seventh article.

    (B) the 32nd article is revised as follows: "any of the following circumstances, the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized:

    (A) disturbing the order of the ferry;

    (B) violation of ferries, ferry safety provisions, after notification by the public security organs are not correct;

    (C) do not scatter rushing to board a ferry, causing ferry overload or force ferry pilot safety violations, adventure sailing, but not serious enough for criminal punishment. "

    Plenary and the management measures of water security in Jiangsu Province

    (A) the eighth paragraph is amended as: "public security organs of the people's police in the water during a security check, shall produce certificates."

    (B) the 13th revised as follows: "in the waters of the province, all kinds of ships and related places in hostels, producing waste metals acquisition activities, the public security organs shall, in accordance with special industry to implement security management".

    (C) the 18th article is revised as follows: "where in the province engaged in aquatic production jobs, persons 16 years of age, in addition to more than transportation, fisheries and other State employees in State-owned units outside should be in accordance with the relevant provisions of the State to the household registration or operating public security organ for the boat people card or temporary migrants".

    (D) article 24th is revised as follows: "carriage of inflammable, explosive, radioactive and other dangerous goods shipping, you must comply with the relevant national safety regulations, and erection of dangerous goods marking and configure the necessary safety facilities."

    12, the management measures of the rural fire service in Jiangsu Province (A) the second paragraph is amended as: "rural areas mentioned in these measures refers to the township (town) areas under the jurisdiction of the people's Government.

    Urban development zone, tourist resort, technology parks, industrial parks and other types of industry, the service industry parks in accordance with the measures implemented. "

    (B) the 13th revised as follows: "the township (town), (and) the professional fire brigade fire appliances, according to the specialty vehicle registration and management, you can install, use alarm and warning light has been included in the Atlas range of vehicles are exempt from vehicle purchase tax, exemption from vehicle purchase tax. Fire-fighting vehicles when performing urgent tasks, on the premise of ensuring security, without driving routes, driving directions, travel speed and signal limitations, other vehicles and pedestrians should give way.

    Fire and rescue fire-fighting vehicle shall not be used in connection with matters unrelated to ".
(C) the 28th article is revised as follows: "site and accommodation for one of the building shall comply with national fire protection technical standard of engineering construction".

    (Four) will 40th article subsection (three) items modified for: "' personnel intensive places ', is refers to public gathered places, hospital of outpatient floor, and ward floor, school of teaching floor, and library, and canteen and collective hostel, nursing home, orphanage, nursery, kindergarten, public library of reading room, public gallery, and Museum of Show Office, labor intensive enterprise of production processing workshop and employees collective hostel, tourism, and religious activities places,".

    13, the ships take on domestic shipping management in Jiangsu Province

    (A) to modify the fourth paragraph as follows: "in accordance with State organs participating in the work of the joint inspection of transportation, as well as implementing corporate emergency response to fire-fighting ships, ships, shuttle pilot and the Outer Harbor tugs, exempt from the ride certificate".

    (B) the fifth is amended as: "because every business needs a lift on ocean shipping domestic shipping, used by a ship captain or apply to the border, fill in the lift on the application form for ocean shipping, and in accordance with the requirements to submit all supporting materials, after examination by the frontier, shall be handled take certificate".

    14, the Jiangsu Province personnel management of shipping

    (A) the sixth section is revised as follows: "the Board and specify the validity documents valid for this voyage (maximum of one year) two." (B) the seventh article is revised as follows: "procedure of Board documents, shall be in accordance with the relevant provisions of the State to apply to the local border checkpoints, submit relevant materials.

    Board documents issued by the border ".

    (C) the deletion of article eighth and Nineth.

    (D) the tenth article is revised as follows: "following the outer performance of official duties, shall be uniform and show their IDs, exempt from Board documents:......"

    (E) the 11th paragraph (a) is amended as: "suspected of theft, drug trafficking, smuggling and other illegal"; (c) is amended as: "borderline (border) suspected"; (d) is revised as follows: "selling, illegal offers, suspected of disclosing State secrets or intelligence".

    (F) article 12th amended as: "Board officers shall take the initiative to present a Board document shipping, accept the inspection and management of border checkpoint officers."

    (VII) the 14th paragraph (a) is amended as: "shipping Executive corporate officers not complying with the provisions of the uniform and to produce documents, border officers have not received notice."

    (VIII) the 23rd is revised as follows: "disobey stole the outer borderline (border), forging ship documents, do not scatter forced on board, there are other obstacles to border officers from performing their duties, they shall be given administrative penalties for public security."

    XV, the Jiangsu provincial coastal ports, marine security management interim provisions

    (A) the seventh article is revised as follows: "16 years of age without the People's Republic of China seaman and the service book of crew boats fishing, should apply to the public security border Defense Department pursuant to the provisions of the certificate of boat people at sea.

    Fishing without a license is prohibited, prohibited employment, set with unlicensed personnel at sea. "

    (B) the eighth paragraph (b) is amended as: "the defendants and suspects in criminal cases"; (c) is amended as: "the people's Court shall notify personnel with outstanding economic, civil cases"; (d) is revised as follows: "the provisions of other laws, rules and regulations should not be fishing." (C) the tenth revised as follows: "fishing vessels should strictly abide by the State laws and the ship, port and border security management regulations and maintain coastal safety and with offshore smuggling, drug trafficking, cross country (border) fight against various illegal and criminal activities.

    Suspicious situation should be promptly reported to the public security organs and the garrison; soliciting illegal publicity materials, should be sent to the public security organs ".

    (Four) will 12th article modified for: "fishing people shall not unauthorized take by shipping; shall not to shipping and RTHK crew asking for, and Exchange items; shall not unauthorized docked outside Island, and port or national limit into of waters; shall not leaked national secret; is strictly prohibited engaged in or assist smuggling, and drug, and cross country (side) border, and trafficking weapons ammunition, and robbery, and theft, illegal crime activities and other damage national sovereignty and the security of activities".

    (V) delete the 13th article.

    (F) article 18th is amended as: "in violation of the provisions of the Act, otherwise penalties provided by laws and regulations, those provisions."

    (VII) article 19th is amended as: "sailing ship and fishing vessel has any of the following acts, fines of between 200 Yuan or given a warning:......"

    (VIII) modify the 20th to: "sailing ship and boat people have one of the following acts, fined a maximum of 200 Yuan and in serious cases, between 1000 Yuan and 200 Yuan the following fines:

    (A) without approval of the public security organs without permission set with no certificate of the officer to sea;

    (B) without a boat name, boat signs, or deliberately using the active plate;

    (C) not complying with the provisions of ship account procedures;

    (D) alter, let out the sea register of ships or the boat people at sea permit;

    (E) the possession, proliferation of illegal publicity materials ".

    (IX) article 23rd is amended as: "the punishment of violations of the provisions of this Act, by the public security organs".

    (J) the deleted article 22nd, 24th and 25th of a second.

    (11) the 26th is revised as follows: "the party is dissatisfied with a judgement, may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law."

    Jiangsu Province, 16, the management of organization code (A) the article is changed to: "code includes an original and a copy of the certificate, original paper certificates, certificate copies include paper and electronic certificates.

    Copy of the original and has the same effect. Organizations should apply for a code number one original and copy of the certificate.

    Encourage organizations to adopt the e-Cert. "

    (B) the tenth revised as follows: "business management activities of the departments and units concerned shall actively promote the code." (C) article 14th is revised as follows: "the code within four years from the date of issuing the certificate is valid.

    The certificate will expire within four years of the establishment of the Organization code certificate validity period the validity of documents shall prevail.

    Organization should be in the code before the expiry of the certificate in the 30th, with code certificate of originals and copies to the original certificate technical oversight of the Executive Branch's bid for refilling ".

    17, the provisional regulations on earthquake disaster prevention work in rural areas of Jiangsu Province

    15th article is revised as follows: "national and collective in the country when the new industrial and civil construction, seismic must be in accordance with national standards".

    18, of the interim measures for the management of hazardous wastes in Jiangsu Province (A) the 14th paragraph amended as: "have transferred to their final destination on the hazardous waste from the tracking process should be managed.

    Transfer of hazardous waste is required to fill out the transfer form and submit hazardous waste out and acceptance of environmental protection Administrative Department. "

    (B) the 24th paragraph (e) is amended as: "violation of the 14th article, not filled or not filled out hazardous waste transfer note".

    (C) the deletion of article 26th.

    (D) the deletion of article 29th.

    (E) the 30th paragraph amended as: "Parties shall be punished from the date of receipt of the written decision of administrative penalty specified in the 15th Bank to pay the fine."

    (Vi) the 31st 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." (Seven) will 34th article subsection (a) items modified for: "' solid waste ' is refers to in production, and life and other activities in the produced of lost original using value or is not lost using value but was abandoned or gave up of solid, and half solid and placed container in the of gaseous of items, and material and legal, and administrative regulations provides into solid waste management of items, and material".

    Will subsection (six) items modified for: "' disposal ' is refers to will solid waste burning and with other change solid waste of physical, and chemical, and biological characteristics of method, reached reduced has produced of solid waste number, and narrowed solid waste volume, and reduced or elimination its dangerous ingredients of activities, or will solid waste eventually placed meet environmental protection provides requirements of fill buried field of activities".

    Jiangsu Province, 19, of the interim provisions on minimum wage

    (A) delete the second paragraph.

    (Ii) the 23rd 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."

    Jiangsu Province, 20, of the regulation on funeral

    The 17th article is revised as follows: "building a funeral service facilities should be in accordance with the relevant laws and regulations for approval."

    21, of the land registration in Jiangsu Province

    The 47th is revised as follows: "illegal means to obtain land, local people's Governments at or above the county level land registration cancelled, cancellation of certificates, and the land Department fined a maximum of 1000 Yuan and 3,000 yuan for the parties.

    Unauthorized alteration, forgery, printing, sale of land certificates, the land certificate is invalid, by land Department fined 1000 Yuan and 5,000 yuan fine on the parties constitutes a crime, criminal responsibility shall be investigated according to law. "

    Relevant provisions of the above regulations pursuant to this decision in order to make the appropriate adjustments. This decision shall come into force as of the date of.