Hunan Provincial People's Government On The Amendments To The Contract Management In Hunan Rural Cooperative Economic Approach (Trial) 6 Pieces, Such As Regulatory Decisions

Original Language Title: 湖南省人民政府关于修改《湖南省农村合作经济承包合同管理办法(试行)》等6件规章的决定

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(December 19, 2007, 115th Executive of Hunan province Gong Yi passed on January 2, 2008, Hunan provincial people's Government announced order No. 219, come into force on the date of promulgation) according to the regulation on the notification of administrative regulations and clean up (run [2007]12) deployment, the provincial people's Government to clean up the regulations released by the end of 2006.
    After cleanup, Province Government decided on Hunan province rural cooperation economic contracting contract management approach (pilot), and Hunan province confiscated property and recovered money booty management approach, and Hunan province implementation straddling People's Republic of China River Management Ordinance approach, and Hunan province take water license and water resources fee levy management approach, and Hunan province water Shang traffic security management approach, and Hunan province public gathered places fire security management approach, 6 pieces regulations be modified (attached Hou).
    This decision shall come into force as of the date of.

    Hunan province rural cooperation economic contracting contract management approach (pilot), and Hunan province confiscated property and recovered money booty management approach, and Hunan province implementation straddling People's Republic of China River Management Ordinance approach, and Hunan province take water license and water resources fee levy management approach, and Hunan province water Shang traffic security management approach, and Hunan province public gathered places fire security management approach according to this decided for corresponding modified, and again announced.
    Attachment: provincial part of the regulatory amendments, Hunan provincial rural cooperative economic contract management procedures (trial implementation) (a) in the heading, by deleting "(for trial implementation)", revised as follows: contract management in rural cooperative economy in the Hunan province.
    (Ii) Nineth article modified for: "Contracting contract has following case one of of for invalid contract: (a) violation legal, and administrative regulations of mandatory provides of; (ii) party to fraud, and stress of means made contract, damage national interests of; (three) malicious collusion, damage national, and collective or third people interests of; (four) to legal form cover illegal purpose of; (five) damage social public interests of; (six) employer party has no right to employer of. (C) the 11th paragraph (b) is amended as: "the supervision of the contractor as agreed on in the contract the use of rational use and protection of resources. "(D) 12th paragraph (ii) is amended as:" the timely implementation of the State subsidy, subsidy measures. "(E) the 13th paragraph (c) is amended as:" enjoy the benefits provided in the State, the treatment of subsidies.
    "(Vi) delete 14th article (a). Add a subsection (c): "agreed on in the contract the use of rational use and protection of resources. "(G) the 18th paragraph (a) is revised as follows:" upon agreement by both parties, and does not harm the national interest and collective interests or the legitimate rights and interests of others.
    "By deleting paragraph (g). (VIII) modify the 20th to: "during the contract period, the contractor will contract the land transfer to others, or garden, tea garden, fishery, farm, business and other professional production and management contracting projects subcontracted to others, should be agreed by the employer. "(IX) the 22nd paragraph (b) is amended as:" no subsidies, provided for in the implementation of the national measures in a timely manner. "(J) the 23rd paragraph (d) is revised as follows:" unauthorized transfer of contracted land to another person, or garden, tea garden, fishery, farm, business and other professional projects subcontracted to others.
    "(11) partly for text changes.
    (12) according to the above amendments, the articles and paragraphs of this approach be adjusted accordingly in the order. Second, Hunan province, confiscated property and of administrative measures on the recovery of illicit money and goods (a) the article is changed to: "confiscated belongings mentioned in these measures refers to administrative law enforcement and judicial authorities in accordance with laws and regulations, the regulations provide for fines, penalties and confiscated cash, marketable securities and payment documents and materials. Recovery of illicit money and goods in these measures refers to administrative law enforcement organs, judicial organs shall investigate and deal with illegal and criminal activities recovery of illegal gains and illegal property. Administrative law-enforcement organs mentioned in these measures refers to an administrative law enforcement the right to executive agencies and organizations authorized by the laws and regulations. The judiciary in these measures refers to judicial and procuratorial organs. "(B) the sixth amended as:" administrative law enforcement and judicial authorities in the implementation of confiscated property and recovering illicit money and goods, shall issue for law enforcement, judicial instruments, using non-tax revenue of the provincial financial Department of printed paper. "(C) the seventh article is revised as follows:" implementation of the confiscated property and recovering illicit money and goods is not issued when law enforcement, judicial documents or did not use non-tax revenue of the provincial financial department printed bills, penalties, recovery unit or individual has the right to refuse, and to report and expose to the relevant competent authority, and charged. "(Four) increased a article for Nineth article:" administrative law enforcement organ, and judicial organ of confiscated paragraph, and recovered of money, and confiscated of material and recovered of booty of disposal variable price, should by the organ timely paid into sibling financial sector established of non-tax into meeting paid settlement households or designed for non-tax into meeting paid settlement of financial designed households, timely full designated paid Treasury, implemented penalty paid separation, and payments decoupling. "" Entrusted to handle cases and confiscated money, the recovery of the stolen money, confiscating material and disposal of recovered stolen goods the price shall be paid into the principal organs of the financial sector.
    "(E) by deleting article Nineth, Nineth shall be replaced by the tenth article. (Vi) the tenth shall be replaced by the 11th, and be amended as: "the confiscated materials and the recovery of stolen property, according to the different nature and purpose, in accordance with the following provisions: (a) goods and commodities in General, commissioned by the financial sector organizations public auction or sale price. Which easy rot, and metamorphic, and burning of items by administrative law enforcement organ, and judicial organ price based on, timely processing, and reported sibling financial sector record; (ii) belongs to specialize in or franchise of material, as gold and silver, and foreign currency, and securities, and heritage,, by administrative law enforcement organ, and judicial organ to sibling financial sector declared agreed Hou, referred to the specialize in organ or franchise Enterprise received against or acquisition; (three) belongs to against national security and public order of advertisement, and illegal publications, and illegal print, and explosion real, and radioactive items, and
    Weapons, ammunition, pornographic materials, narcotic substances, drugs, drugs and other items such as keeping value-free, by the collection authority according to the relevant regulations, and reported to the financial authorities. Processing, sale of confiscated goods and the recovery of stolen goods, shall, in accordance with the price assurance on Hunan province in connection with the provisions of the regulations for price verification. "(VII) deletion of the 16th article, one paragraph is added to the second paragraph:" unit was entrusted with handling the case-handling expenses, under the authority of the financial departments at auditing arrangements handling requirements. "(H) 17th is revised as follows:" encourage units and individuals to report illegal and criminal activities. Reported cases of individuals and units according to their contribution, from one-time bonus at the administrative law enforcement or judicial authorities. Bonus amount is not more than a case of confiscated property and recovering illicit money and goods price 10% of the total, up to 100,000 yuan. "(Nine) will 18th article modified for:" on violation this approach about provides of units and personal, by following provides processing: (a) violation this approach sixth article, and Nineth article, and 13th article provides of, by financial sector according to financial violations punishment disposition Ordinance processing; (ii) violation this approach fifth article, and 14th article, provides of, by about organ according to about provides processing.
    "(J) the provisions in the" law enforcement agency "amended to read" administrative law-enforcement organs. "
    (11) in accordance with these changes, the order in this way shall be adjusted accordingly. Third, the Hunan province of People's Republic of China regulations on River policy (a) 19th one paragraph is added as the second paragraph: "where the river marshland within the scope of management, flood protection and beach use planning requirements must be met, in accordance with the relevant provisions of the people's Government above the county level channels approved by the competent authority. "(Ii) 29th article modified for:" has River Management Ordinance 44th article subsection (a), and (four), and (five), and (six) items or 45th article provides of behavior, should give fine punishment of, fine lines for 10000 Yuan following; has 44th article subsection (ii), and (three), and (seven) items provides of behavior, should give fine punishment of, fine lines for 5000 Yuan following; has 44th article subsection (eight) items provides of behavior, should give fine punishment of, Fines for less than 10000 Yuan. The flood control law and other relevant laws and regulations have provisions prevail.
    "(C) the individual parts of the text changes.
    Four, and Hunan province take water license and water resources fee levy management approach (a) third article modified for: "using take water engineering or facilities directly from rivers, and Lake or underground take water resources of units and personal, except this approach fourth article provides of case outside, are should according to national provides, to water administrative competent sector application received take water license, and paid water resources fee. Water works or facilities referred to in the preceding paragraph, refers to the lock, dams, channels, artificial river, siphons, pumps, wells, and hydropower. "(Ii) fourth article modified for:" following case not need application received take water license: (a) rural collective organization and members using this collective organization of time, and reservoir in the of water of; (ii) agricultural irrigation, and aquatic farming take water of; (three) family life and sporadic free-range, and captive animal drinking, few take water of; (four) for guarantees mine, underground engineering construction security and production security must for temporary emergency take (row) water of
    (V) the Elimination of public safety or public interest against an interim water; (vi) for agricultural drought relief and maintenance of ecological and environment must be temporary emergency water intake.
    The preceding paragraph (c) provides a small amount of water intake limits for each month to take 180 cubic meters of surface water, or take 80 cubic meters of underground water. New maximum water intake more than 10 cubic meters per second of agricultural irrigation project, the construction unit shall make water resources argumentation for construction projects and water conservancy administrative departments review report submitted to the provincial people's Government. "(Three) Nineth article modified for:" take water units or personal for special difficult cannot regular paid water resources fee of, can since received water resources fee paid notification single of day up 7th within to issued paid notification single of water administrative competent sector application sustained paid; issued paid notification single of water administrative competent sector should since received sustained paid application of day up 5 a days within made written decided and notification applicants; expires not for decided of, considered agreed. Water resources fee payment period shall not exceed 90 days.
    "(D) the individual parts of the text changes.
    Five, the Hunan waterborne traffic safety management measures (a) the fourth is revised as follows: "people's Governments above the county level administrative departments in charge of the waterborne traffic safety management in the administrative area. Implementation of a maritime administrative agency water traffic safety supervision and management.
    "(B) the article is revised as follows:" set up checkpoints in the water, must be approved by the provincial people's Government. In addition to the maritime administrative agency shall perform corporate and public security organs to investigate and punish criminal acts, the other unit or individual may intercept the voyage of the ship.
    "(C) the article adding a paragraph, as the first paragraph:" for agricultural production, agricultural and sideline products processing, and living their own villages and towns ships, located by owner of the Township and town people's Government according to the relevant provisions of this province, to strengthen management and shall not engage in operating passenger and cargo transportation. (D) the 19th article is revised as follows: "water transport, loading and unloading, the storage of dangerous goods, shall, in accordance with the relevant provisions of the approval procedures. "(E) the 28th amendment:" setting or cancel ferry should be approved by local county; County approval, shall solicit the views of local maritime administration.
    Across a city divided into districts, autonomous prefectures, counties (cities) set or cancel the ferry, on a common level people's Government for approval. Ferry within 500 meters of upstream and downstream, not ferry repeating sets of similar functionality. Not set on the ferry route facilities to prevent the ferry safety. "(F) the 32nd is amended as:" ships, rafts and water facilities within 24 hours after the accident, the Parties shall submit to the jurisdiction of maritime administrative agency accident report, accident scene and related evidence. Shall fill in the accident report. "(VII) 41st is amended as:" refuse or block water traffic safety management personnel performing official business according to law, the public security organs in accordance with the People's Republic of China on public security administration punishments Act, the relevant provisions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    "(BA) the Central Plains" port navigation supervisory authority "be replaced with" maritime administration ".
    (I) according to the above modification of order in this way shall be adjusted accordingly.
                                                                                          Hunan province, six, the fire safety regulations in public gathering places (a) sixth paragraph fourth amended as: public gathering places without fire safety inspection qualified public security fire control institutions, shall not be opened, events or put into use, industrial and commercial administrative departments shall not apply for a business license.