Anhui Province, Anhui Provincial People's Government On The Revision Of The Facilities For Earthquake Monitoring And Observing Environmental Protection Regulations, And Regulatory Decisions

Original Language Title: 安徽省人民政府关于修改《安徽省地震监测设施和观测环境保护暂行规定》等规章的决定

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(April 3, 2008 Anhui Province Government 4th times Executive Conference considered through April 22, 2008 Anhui Province Government makes No. 211, announced since announced of day up purposes) for maintenance socialist legal unified, protection citizens, and corporate and other organization of lawful rights and interests of, according to circular of the on carried out administrative regulations regulations cleanup work of notification (State sent [2007]12,) of requirements, now decided on Anhui Province earthquake monitoring facilities and observation environmental protection provisional provides , 12 pieces Government regulations for following amendment: a, and Anhui Province earthquake monitoring facilities and observation environmental protection provisional provides (a) first article modified for: "for protection I province earthquake monitoring facilities and observation environment, guarantee earthquake prediction work smooth for, guarantees people life, and property security, according to People's Republic of China earthquake mitigation method, and State earthquake monitoring Management Ordinance and Anhui Province earthquake mitigation Ordinance, combined this province actual, developed this provides.
    "(B) the third paragraph, the second paragraph is amended as:" the provincial earthquake Department responsible for the province's earthquake monitoring and observation environmental protection work. Earthquake in city and County departments or work within the institutions responsible for the administration of seismic monitoring installations and environment protection. "(Iii) amend article fifth:" seismic observation environment in accordance with seismic monitoring facilities around would not affect its efficiency requirements delineated the scope of protection of the sources of interference.
    Specific protection from earthquake authorities or institutions above the county level in collaboration with other relevant departments, minimum distance defined in accordance with national standards. National standard for minimum distance protection of seismic monitoring facilities provision has yet been made, above the county level responsible for earthquakes or body of work in collaboration with other relevant departments, in accordance with the provisions of the national standard test methods, calculation formulas, the measured to determine. "(D) an article shall be added, as the sixth:" earthquake authorities or institutions above the county level shall, jointly with relevant departments in the quake monitoring facility near the protection flags, marked facilities for earthquake monitoring and seismic observation environment protection requirements. "(E) an article shall be added, as the seventh:" earthquake authorities or institutions above the county level shall, within their respective administrative areas of distribution of seismic monitoring installations and its scope of protection, report to the local people's Governments, and report to the public security organs at the same level and land and resources, urban and rural planning, surveying and Mapping Department. "(F) the tenth as the 12th, and amended as:" new, expanded and reconstructed construction works shall follow the relevant national seismic, electromagnetic, deformation, fluids and other standards of seismic observation environment protection to avoid damage facilities for earthquake monitoring and seismic observation environment. In the construction project within the scope of protection of seismic observation environment, issued by the local people's Governments at or above the county level urban planning departments in the selection report, shall first seek the views of seismic authorities or institutions at the same level; the earthquake authorities or institutions shall feedback on 10th.
    "(G) an article shall be added, as the 13th:" construction of national key projects, did not avoid seismic monitoring installations and cause damage to the environment of seismological observation unit above the county level shall, in accordance with the seismic Department or agency requirements, additional anti-jamming facilities or new earthquake monitoring facilities, construction can be carried out.
    Need new earthquake monitoring facilities, earthquake authorities or institutions above the county level may require new seismic monitoring installations normal operation after 1 year, then removal of the original earthquake monitoring facilities. First and second paragraph of this article measures the cost, borne by the employer. "(Eight) increased a article, as 14th article:" violation this provides, County above earthquake competent sector or work institutions of staff, not perform supervision management duties, found violations not investigation or has other abuse, and negligence, and engages in behavior, constitute crime of, in accordance with criminal about provides held criminal; is not constitute crime of, on competent personnel and other directly responsibility personnel law give administrative sanctions. "(I) the 12th as the 16th and amended as:" in violation of this provision, destruction, seizure, theft of seismic monitoring installations, disrupting seismic (station), telemetry network order from earthquake authorities or institutions above the county level in accordance with the administrative rights, in accordance with the regulations of the earthquake monitoring and management under the State Council are punished. Should be given administrative penalties for public security, by the public security organs in accordance with the People's Republic of China public security management punishment law provides punishment; if the case is serious enough to constitute a crime, they shall be investigated for criminal responsibility by judicial organs. "(10) increased a article, as 17th article:" units engaged in construction activities Shi, not according to requirements additional anti-interference facilities or new earthquake monitoring facilities, on earthquake monitoring facilities or earthquake observation environment caused damage of, by County above earthquake competent sector or work institutions ordered corrected, deadline recovery undisturbed or take corresponding of remedy measures; plot serious of, in accordance with People's Republic of China earthquake mitigation method of provides sentenced fine; constitute crime of, law held criminal; caused loss of, Shall bear the liability for damages.
    "(11) by deleting article 13th. Second, Anhui Province, surveying and mapping results management measures for the implementation of (a) the article is revised as follows: "to strengthen the management of surveying and mapping results, ensure the rational use of surveying and mapping results, survey and mapping work better for the reform, opening and economic construction, according to the People's Republic of China regulations on the administration of surveying and mapping results, combined with the facts of the province, these measures are formulated. "(B) by deleting the second paragraph of article III, the third paragraph to the second paragraph, and be amended as:" the provincial people's Government departments and central agencies in Anhui and the tertiary institutions should be identified, responsible for management of the departments or units specialized in surveying and mapping results, mapping its business subject to provincial people's Government administrative departments or municipal people's Government of the seat area of the competent Department of surveying and mapping Administration Guide. "(C) the fifth paragraph (e) is amended as:" destroy the lost saved and use confidential survey results, used by a storage unit or unit identification, submitted to the provincial people's Government approval of the competent Department of surveying and mapping administration. Destroyed, distributors, and sales people, heads of unit should sign the destruction list. Destruction of inventory should be saved for a long time.
    "(D) 12th is revised as follows:" legal person or any other organization the basic surveying and mapping results need to be classified as State secrets, should come up with a clear purpose and scope, reported to the competent Department of surveying and mapping of the location of the administrative examination and approval. Provides surveying and mapping results of classified as State secrets shall, in accordance with relevant regulations of the State, submitted to the provincial people's Government for approval by the Administrative Department of surveying and mapping; survey prior to the approval by the Administrative Department shall seek the views of the relevant military departments.
    "(E) by deleting article 18th.
    Three, and Anhui Province channel management approach (a) 26th article modified for: "any units or personal, in navigation waters caused wreck sank real, water Xia obstacles, except by People's Republic of China river traffic security management Ordinance of provides, to maritime management institutions report outside, also should immediately to near channel management institutions or beacon ship report, and according to national about provides set logo, or delegate channel management institutions generation set escrow, avoid other ship for collision wreck, and sank real and occurred accident. Sunken owner or operator shall, within the time limit set by a maritime administrative agency salvage and removal of sunken ships. No owners or managers from the salvage and removal of a maritime administrative agency or take other appropriate measures to ensure traffic safety.
    "(B) by deleting the first paragraph of article 34th (seven). (C) the 35th paragraph amended as: "the violation of the provisions of this article 14th fourth, by the maritime administrative agency according to the relevant laws, regulations and rules. "(D) 38th is amended as:" in violation of this Regulation shall be subject to administrative penalties for public security, the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized constitutes a crime, shall be investigated for criminal responsibility by judicial organs. "Four, Anhui Province agricultural machinery safety supervision and management (a) the article is revised as follows:" agricultural machinery in these measures refers to agricultural production activities related to farming and primary processing of products such as machinery and equipment.
    "(B) delete the fourth paragraph.
    (C) the seventh article is revised as follows: "units or individuals to purchase tractors, combine harvesters, shall provide the domiciles of the County (municipal and district) agricultural machinery supervision institutions to apply for registration. Agricultural machinery supervision bodies shall accept the application within five working days from the date of completion of the registration review, issuance of registration certificates, number plates and vehicle license. The application materials are incomplete or do not meet the conditions, and shall inform the applicant needs to corrected content. "(D) the eighth amendment as follows:" to combine after registration and on-road tractor, shall, in accordance with provisions of laws and administrative regulations, safety and technical inspection. For inspection of agricultural machinery Supervision Organization shall issue the inspection certificate. Combine without inspection or failed to pass the test, you may not use; the tractor without inspection or test failed, not on roads. "(E) the Nineth is revised as follows:" registration of combine harvesters, tractors after its change of ownership, shall be registered to county-level agricultural supervisory agencies change. "(Vi) 12th is amended as:" combine harvesters, tractor drivers, you must meet the following conditions, and above the county level agricultural machinery supervision agency examinations, receiving a driver's license, to drive agricultural machinery: (a) 18 years of age; (b) the physical condition meets the driving agricultural machinery requirements; (c) the technical knowledge to drive agricultural operation.
    "(G) the 13th revised as follows:" combine harvesters, tractor driver shall comply with the road traffic safety law, regulation and agricultural machinery safe operation. No person shall be compelled to, ordered, condoned combine harvesters, tractors, operators violate safety rules and illegal operations. "(H) the 14th is revised as follows:" on the administration of registration of non-agricultural machinery, agricultural machinery Department of the people's Governments above the county level in accordance with the voluntary principles for operators, technical training service. For farm machinery operators likely to cause personal injury, agricultural machinery supervision agencies should be free of security education, and the implementation of safety supervision and management. ”

    , Anhui Province, five temporary security measures for the administration of (a) the eighth amendment as follows: "urban vagrants and beggars, by the Home Department bailout. "(B) the article is revised as follows:" police station to complete documents, in line with the temporary provisions, should register with the reporting date, issuing a temporary residence permit. "(Iii) amend article 12th:" receive a temporary residence permit to pay visa fee.
    Certificate fee charges, approved by the provincial price, the financial sector. Temporary residence certificate fee are administrative fees included in the budget at the same level, earmarking. "(D) an article shall be added, as the 14th:" temporary rental housing shall comply with the relevant provisions of the security administration of rental housing. "(E) at its 14th to 15th, is revised as follows:" temporary people's legitimate rights and interests protected by law, with the exception of public security organs in accordance with these measures can be collected outside the temporary residence permit, no entity or individual may seize temporary residence temporary residence permit of the people. "(Six) 20th article to 21st article, subsection (three) items modified for:" lent, and transfer, and cheat, and impersonator stay card of, collection stay card, sentenced warning or 200 Yuan above 500 Yuan following fine; "increased a paragraph, as this article second paragraph:" sale, and forged, and variable made stay card of, according to People's Republic of China security management punishment method be punishment. "Six, pre-marital medical examination management in Anhui Province (a) article Nineth is revised as follows:" after pre-marital medical examination, for patients suffering from a specified infectious disease infection period or during periods of mental illness, doctors should the medical opinion, inform married men and women. "(B) the article is revised as follows:" after pre-marital medical examination, for the diagnosed medical condition of birth do not think serious hereditary diseases, doctors should explain to both situations, medical advice.
    "(C) by deleting article 15th.
    (D) by deleting article 18th.
    Seven, and Anhui Province building engineering tender bid management approach (a) third article modified for: "based facilities, and utilities, relationship social public interests, and public security of construction, all or part using state-owned funds investment or national, and province financing of construction, using international organization or foreign government loan, and assistance funds of construction, including engineering of survey, and design, and construction, and supervision and and engineering construction about of important equipment, and material, of procurement, reached following standard one of of, must for tender:
    (A) construction single contract estimates price in 1 million Yuan Yuan above of; (ii) important equipment, and material, goods of procurement, single contract estimates price in 500,000 Yuan Yuan above of; (three) survey, and design, and supervision, service of procurement, single contract estimates price in 300,000 Yuan Yuan above of; (four) single contract estimates price below subsection (a), and (ii), and (three) items provides of standard, but project total investment in 5 million Yuan Yuan above of. Construction must be tendered according to law, the Anhui Province of People's Republic of China article sixth of the way the bidding law, tenders may not be. "(B) the sixth paragraph is amended as:" the invitation to tender was invited by the construction unit more than 3 units meet the tender conditions to bid.
    "(Three) eighth article modified for:" law must for tender of construction construction project, units itself organization tender of, should meet national provides of conditions, and in released tender announcement or issued bid invited book of 7th Qian, to engineering location County above place Government construction administrative competent sector record, submitted following material: (a) according to national about provides handle approval procedures of the approved file; (ii) proved its has prepared tender file and organization assessment standard capacity of about material; (C) laws, regulations, rules and regulations of the other materials. "(D) 15th is amended as:" bidders to apply for tender should be according to the tender notice or invitation for bid requests, to the employer to provide business license, qualification certificate and other documents, the construction unit qualification. "(E) the 18th article is revised as follows:" bidders when tenders for the service of shall be made to the employer to pay a bid bond. Bid bond shall not exceed the building works tender price of 2%, and shall not exceed a maximum of 800,000 yuan. "(F) the 27th article is revised as follows:" the employer shall determine the winning bidder in 7th after winning notice issued, with a copy to the unsuccessful bidder. "(VII) article 31st is amended as:" breach of these rules, any of the following acts, ordered by the administrative authority to stop the illegal practice, and in accordance with the People's Republic of China tendering and bidding of the law provides for penalties: (a) construction work contract should be tender but not tender, (ii) leaks base price. "(H) 33rd is revised as follows:" successful units in violation of the regulations, contract and subcontract for construction or illegally subcontracting, construction administrative departments shall be ordered to correct, and in accordance with the People's Republic of China tendering and bidding law provides for punishment in serious cases, the Administration for industry and commerce shall revoke business licenses. "(IX) article 34th is amended as:" in construction tendering and bidding process, bribes, bribes, bribes, and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, by construction Administrative Department in accordance with the People's Republic of China bidding provisions of the law are punished, and drew attention to the relevant competent departments are directly responsible for the personnel and others directly responsible shall be given administrative sanctions. "Eight, and Anhui Province construction engineering supervision management approach (a) fifth article modified for:" following construction engineering should implemented supervision: (a) national focus construction engineering; (ii) medium utilities engineering; (three) acres development construction of residential community Engineering; (four) using foreign Government or international organization loan, and assistance funds of Engineering; (five) national provides must implemented supervision of other engineering. "(B) the Nineth article is revised as follows:" project supervisors in these measures refers to lawfully obtained works supervisor qualifications and registration to obtain a practising certificate, engineering supervision of construction supervising units engaged in the business of professional and technical personnel. "(C) the 15th article is revised as follows:" project supervisors should have qualifications and relevant government departments in accordance with State regulations after registration to obtain a practising certificate, before engaging in the construction supervision activities. "(D) 16th paragraph (d) is revised as follows:" shall not be forged, altered, lend or transfer engineering supervision personnel qualification certificate or a practicing certificate. "(E) the 20th article is revised as follows:" subject to quality construction, engineering supervision units selected by the engineer without sign, construction may not be building materials, components and equipment used on the project or installations, shall not be carried out the next process of construction construction units shall not be paid progress payment or acceptance. "(Vi) amend article 24th:" building in violation of this regulation, shall implement supervision of construction works is not entrusted project supervision unit supervisor or delegate does not have the qualification of construction supervising units, construction of local people's Governments at or above the county level administrative departments of rectification, and in accordance with the provisions of the construction engineering quality management regulation of the State Council shall be punished.
    "(Seven) 25th article modified for:" engineering supervision units violation this approach provides, has following behavior one of of, by County above place Government construction administrative competent sector ordered corrected or deadline corrected, and in accordance with State construction engineering quality management Ordinance and construction engineering safety management Ordinance of provides give punishment: (a) not made qualification certificate or beyond qualification grade license of supervision business range, engaged in construction engineering supervision activities of; (B) carry out supervision duties in accordance with engineering specifications and technical standards, or deception in the supervision services; (c) forging, altering, lend or transfer certificate of qualification.
    "(H) the 26th is amended as:" project supervision and construction or building construction Enterprise complicity, fraud, lower the quality of construction projects, construction of local people's Governments at or above the county level administrative departments shall be ordered to correct, and in accordance with the provisions of the construction engineering quality management regulation of the State Council shall be punished. The construction supervising units of transfer engineering supervision business, local construction administrative departments of the people's Governments at or above the county level shall be ordered to correct, and in accordance with the provisions of the construction engineering quality management regulation of the State Council shall be punished. "(I) the 28th amendment:" engineering quality accident caused by fault of supervisors, local construction administrative departments of the people's Governments at or above the county level shall, in accordance with the provisions of the construction engineering quality management regulation of the State Council are punished. "Nine, Anhui provincial construction safety management method (a) the article is revised as follows:" in order to strengthen the management of construction safety, protection of personal and property security, according to the People's Republic of China Law on construction, the People's Republic of China production safety law and the regulations of the safety production management of construction project of the State Council and other relevant laws and regulations, combined with the facts of the province, these measures are formulated. "(B) the article is revised as follows:" construction safety management carrying out safety first, prevention first and comprehensive treatment approach, adhere to the pipe must be safe and who is in charge of who is responsible for the rules. "(Three) 20th article modified for:" building construction Enterprise installation, and using construction mechanical, and machines, should comply with following provides: (a) installation Qian should according to provides of security technology standard for detection, by detection qualified rear can installation; (ii) using Qian should according to provides of security technology standard for security can test, by acceptance qualified rear can using; (three) using during should specified hand is responsible for maintenance, and maintenance, guarantee its intact, and security. "(D) 28th is amended as:" construction enterprises in violation of the rules of any of the following acts, local construction administrative departments of the people's Governments at or above the county level shall be ordered to correct or rectify, and in accordance with the provisions of the regulations on work safety of construction projects under the State Council shall be punished: (a) is not in accordance with the provisions in the construction site set safety protection facilities;

    (B) is not installed in accordance with the provisions, the use of construction machinery and tools. "Ten, Anhui Province maritime accidents treatment (a) fourth amended to read:" according to ships, rafts, or the grade and amount or extent of property damage, personal injury, accidents are divided into minor accidents, General accident, accidents, fatal accidents and accidents, specific criteria in accordance with the relevant provisions of the traffic Administrative Department of the State Council. "(B) the seventh article is revised as follows:" the Parties shall in the 24 hours after the accident incident report to the maritime administrative agency within books and information due to force majeure or other legitimate reasons for failing to submit incident reports to the prescribed period shall be submitted to the maritime administrative agency to explain the situation, but of the period for submission of accident reports should not exceed 96 hours (port 48 hours). "(C) the 11th article is revised as follows:" no ships, rafts, or leave Hong Kong or order its suspension, cessation of operations, headed for the specified period shall not exceed 72 hours; special circumstances approved by the maritime administrative agency level on, may be appropriately extended, but extended periods of not more than 72 hours. "(D) 33rd is amended as:" because of his violation caused the accident are not serious enough for criminal punishment, by the maritime administrative agency according to the findings, the responsibility of the crew to temporarily competency certificate or other suitable documents for more than 6 months until the revocation certificate of competency or other certificates of competency for punishment. "(E) the article 34th is amended as:" the parties fail to fulfil their reporting obligations or not a positive rescue, warning is given by the maritime administrative agency, and on the responsibility of the crew to temporarily competency certificate or other certificate of competency from 3 months to 6 months until the revocation certificate of competency or other certificates of competency for punishment.
    "(F) other relevant provisions in the" port navigation supervisory authority "is consistently adapted as" maritime administration ". Plenary, Anhui Province financial interim measures for the supervision of (a) the article is revised as follows: "in order to strengthen financial supervision, maintain financial order, according to the People's Republic of China Law on budget, the People's Republic of China Law of accounting and the financial illegal activities penalties and regulations of the State Council and other laws and regulations, combined with the facts of the province, these measures are formulated.
    "(B) 16th is amended as:" oversight units to comply with the financial regulations, financial departments shall, in accordance with the financial regulations on penalties for offences under the State Council to deal with it. , Check the unit or individual is being investigated for illegal fiscal acts, the financial sector should be ordered to stop. Refusal to implement the financial authorities may suspend funding or stop allocation and fiscal offences directly related to the amount already disbursed, ordered to be suspended. "12, special maintenance fund interim measures for the administration of the property of Anhui Province (17th) section (a) of the fifth amendment:" owners exclusive parts, as has a total gross area of more than 2/3 and 2/3 agreed to use the property more than the total number of special maintenance funds for other maintenance. "The 17th (b) seventh revised to read:" owners exclusive parts, as has a total gross area of more than 2/3 and 2/3 agreed to use the property more than the total number of special maintenance funds for other maintenance, upgrading and renovation. "(Ii) 19th article modified for:" using property special maintenance funds should followed following program: (a) implementation property management and has established owners Assembly, on all owners total of property total with parts, and total with facilities equipment for maintenance and update, and transformation of, by owners Committee according to annual proposed property special maintenance funds using plans, by proprietary part accounted for buildings total area 2/3 above of owners and accounted for total number 2/3 above of owners through Hou implementation; on part owners total of property total with parts, and Total with facilities equipment for maintenance and update, and transformation of, by owners Committee according to annual proposed property special maintenance funds using plans, by has total relationship of owners proprietary part accounted for buildings total area 2/3 above and accounted for total number 2/3 above through Hou implementation; (ii) implementation property management but yet established owners Assembly of, by property service enterprise according to annual proposed property special maintenance funds using plans, by on the property total with parts, and
    Total with facilities equipment has total relationship of owners proprietary part accounted for buildings total area 2/3 above through Hou implementation; (three) not implementation property management of, by property where regional neighborhood organization on the property total with parts, and total with facilities equipment has total relationship of owners proposed property special maintenance funds using plans, by has total relationship of owners proprietary part accounted for buildings total area 2/3 above and accounted for total number 2/3 above through Hou implementation. Property plan for special maintenance fund, shall be within the Realty Management area in publicity after 5th party may vote.
    "(D) the provision of" property management company "is consistently adapted as" property services business. "
                                      This decision shall come into force as of the date of.