Department of agriculture decision on amendments to regulations and regulatory documents

    (December 31, 2011, the Ministry of agriculture Decree [2011] the 4th release come into force on January 1, 2012) under the State Council on carrying out the implementation of People's Republic of China informed the administrative enforcement law (guofa [2011]25) requirements, the Department of agriculture conducted a comprehensive clean up of regulations and regulatory documents, decided to amend the following 5 regulations and regulatory documents.

And agriculture administration penalty procedure (released on April 25, 2006, the Ministry of agriculture, the 63rd) 1. modify the 31st article to: "agricultural administrative penalty authority may in accordance with the relevant provisions of laws and regulations, taken on the premises, facilities, or property in connection with the seizure, detention and other coercive measures.

” 2. the 32nd article is revised as follows: "administrative punishment of evidence samples and evidence collection, registration and preservation of such compulsory measures as sealing up, distraining or taken, shall be notified to the Parties present; parties do not present, other officers should be invited to witness and signed or stamped the party refuses to sign or seal shall be indicated.

Agricultural administrative penalty organs of such compulsory measures as sealing up, distraining, should also abide by the People's Republic of China administrative mandatory law provisions. "Sampling and evidence collection, registration and preservation, items seized, the agricultural administrative penalty authority shall draw up a sampling of evidence documents, list of the evidence registered for keeping and the attachment (seizure) of decision and the attachment (attachment) list.

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II, the agricultural administrative law enforcement documents specification (May 9, 2006, the Ministry of agriculture agricultural [published in document 2006]4)

1. modify the article 25th to: "attachment (attachment) decision refers to the agricultural administrative penalty organs during the process of investigation in accordance with the relevant laws and regulations in connection with the premises, facilities, or property taken compulsory measures, implementation of the seizure (seizure) of the instrument.

"Attachment (attachment) decision shall set forth the following:

"(A) the name or names and addresses of the parties;

"(B) the reasons for sealing up, distraining, basis and time limit;

"(C) the seizure, seizure of premises, facilities, or property name, number;

"(D) apply for administrative reconsideration or bring an administrative suit the ways and terms;

"(E) the name, seal and date the executive authorities.

"Sealing up, distraining list in duplicate by the parties and the Administration to hold. "When sealing up, distraining and related premises, facilities, or property should be affixed seals, seals shall be indicated in attachment (attachment), date, seal and affix punishments organs.

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2. the 26th article of the "lift attachment (attachment) notification" changed to "lift attachment (attachment) decision." 3. the 26th article is changed to: "punishment authorities lifted the seizure (seizure) decision, shall be made to lift attachment (attachment) list. Lifting attachment (attachment) property and seized (seizure) of the property checked. Attachment (attachment) property part is removed, the list should include lifting the seizure distress situations.

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    4. the 40th in the fifth article of "attachment (attachment) notices, release attachment (attachment) notification" changed to "attachment (attachment) decision, release attachment (attachment) decision."

Third, the People's Republic of China implementing rules for the regulations on the protection of new varieties of plants (agriculture) (released on September 19, 2007, the Ministry of agriculture, 5th) Article 58th is amended as: "41st of agriculture Administration Department in accordance with the Ordinance provides for sequestration or seizure of the plant variety propagation material should be handled in the 30th; complex, approved by the agricultural administration department head can extend, extend the deadline not later than 30th.

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Four, the Yellow Sea and Bohai Sea and the East China Sea, South China sea fisheries resource enhancement and protection fee is imposed by the use of interim measures (announced on October 27, 1989, the Ministry of agriculture, the State administration of commodity prices, on December 25, 1997, the Department of agriculture, December 10, 2001, the Ministry of agriculture Decree 39th 5th Amendment) The tenth article is revised as follows: "fisheries resources who do not pay fees, sea fishery Administration Bureau may apply to a court for mandatory enforcement according to law.

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Five, port charge provisions (October 7, 1993, the Ministry of agriculture, the State Planning Commission [1993] agricultural (fishery) 15th release) 14th amendment: "fishing vessel shall pay fishing fees within the prescribed time limit, overdue payments, by the fishing port supervision authority shall apply to the people's Court for compulsory execution, and may be prohibited from leaving Hong Kong.

” More than 5 pieces of regulations and regulatory documents corresponding amendments shall be made according to this decision, republished.