The State Council decided to amend the "Construction Project Quality Management Regulations" and other administrative regulations

       State Department Premier Li Keqiang recently signed the State Council Order promulgating the "Decision of the State Council on Amending Some Administrative Laws and Regulations," which came into effect on the day it was announced. In order to promote the decentralization of authority and administration, combine management with administration and discharge, optimize service reform and stimulate social creativity more greatly, the State Council cleared the administrative regulations involved in canceling administrative approval projects and decided to give partial provisions to 15 administrative regulations modify.

 

       The content of the amendment mainly includes:

 

       With regard to the abolition of administrative examination and approval items, the 20 local-level implementation of the "Provisional Tourist Guide Card" and the "Lightning Protection Unit Qualification License" were canceled by amending 35 articles of the 15 administrative regulations such as the Regulations on the Management of Tour Guides and the Regulations on Meteorological Disaster Prevention. Administrative licensing project.

 

       In strengthening follow-up supervision, in accordance with the requirements of the reform of "putting on clothes and serving", the relevant departments have been strengthened to supervise relevant activities after the cancellation of administrative examination and approval items. First, the conditions for engaging in relevant activities should be established. For example, after canceling the acquisition and approval of the material of major animal epidemics, the "Emergency Ordinance for Major Animal Epidemic" has been set up to further improve the collection of materials for catching major animal epidemics and the collection of animal pathogenic microorganisms suitable for collecting disease materials And regulate animal epidemic management. The second is to authorize the relevant departments to formulate regulations after the matter. For example, due to teaching and research needs in the pest free area for the Ministry of Agriculture or autonomous regions and municipalities designated by the plant quarantine examination and approval canceled, the "phytosanitary regulations" added because of teaching, research is indeed required in the pest free area for plant quarantine The research of the object shall comply with the provisions of the competent department of agriculture under the State Council and the competent department of forestry.

 

       The original document

 

       Order of the State Council of the People 's Republic of China

 

       No. 687

 

       The "Decision of the State Council on Amending Some Administrative Regulations and Rules" is hereby promulgated and will come into effect on the day it is announced.

 

       Premier Li Keqiang

 

       October 7, 2017

 

       Decision of the State Council on Amending Some Administrative Regulations

 

       In order to promote the decentralization of government and decentralization, combine administrations and discharges, and optimize service reform according to the law, the State Council has cleared the administrative regulations involved in canceling administrative examination and approval projects. After the liquidation, the State Council decided to amend some of the 15 administrative regulations.

 

       Article 13 of the Phytosanitary Regulations shall be amended as follows: "The research on the object of phytosanitary research by the agricultural, forestry institutions and experimental research institutes shall not be carried out in the pest free areas of the quarantine objects. When proceeding, it shall abide by the provisions of the department of agriculture under the State Council and the competent department of forestry. "

 

       2. The second paragraph of Article 14 of the Regulations of the People's Republic of China on the Regulation of Riverways is amended as: "The construction of the buildings and facilities referred to in the preceding paragraph on the embankments shall be subject to the safety management of the river channel authority.

 

       3. In Article 10 of the "Regulations of the People's Republic of China on the Administration of Traffic Safety in Fishing Waters of Watersheds," the production activities such as fishing and breeding which are actually required to be carried out must be approved by the fisheries administration and fishing port supervision and administration department. "

 

       4. The first paragraph of Article 27 of the "Regulations of the People's Republic of China on Nature Reserves" shall be amended as follows: "No one shall be allowed to enter the core area of ​​a nature reserve, which must enter the core area for scientific research and observation due to the need of scientific research, Investigation activities shall be submitted in advance to the nature reserve management agencies submit application and activity plan, and approved by the nature reserve management agencies; where access to the core areas of national nature reserves, Sheng autonomous regions and municipalities directly under the Central Government should be related to the protection of nature District administrative department approval. "

 

       The first paragraph of Article 29 is amended as: "When conducting visits or traveling activities in the experimental area of ​​a nature reserve, the nature reserve management organization shall formulate the plan and the plan shall be in conformity with the management objectives of the nature reserve." The second paragraph As follows: "Organizing visits and traveling activities in nature reserves shall be carried out in strict accordance with the scheme prescribed in the preceding paragraph and shall be strengthened; units and individuals entering nature reserves visiting or traveling shall obey the management of the nature reserve management organization." "

 

       Article 31 is amended as: "When a foreigner enters a nature reserve, he or she shall submit a plan of activities to the nature reserve management agency in advance and be approved by the nature reserve management agency. Where a forerunner enters a national nature reserve, Autonomous regions and municipalities environmental protection, marine, fisheries and other relevant nature reserve administrative departments in accordance with their respective duties approved.

 

       "Foreigners entering a nature reserve shall abide by laws, regulations and rules concerning the nature reserve and shall not engage in activities such as collection of specimens within a nature reserve without their approval."

 

       Article 37 is amended as: "Where a nature reserve management institution, in violation of the provisions of these Regulations, commits one of the following acts, the administrative department in charge of the nature reserve under the people's government at or above the county level shall order it to make corrections within a prescribed period of time; for directly responsible personnel, Where the unit or the higher authorities to give administrative sanctions:

 

       "(1) To carry out the tour or tourism program which has not been prepared or whose plan does not meet the management objectives of the nature reserve;

 

       "(2) To set up visiting or touring projects that are inconsistent with the protection of nature reserves;

 

       "(3) Failing to carry out visits or traveling in accordance with the prepared plan;

 

       (4) illegally approving personnel to enter the core area of ​​a nature reserve or illegally approve entry of foreigners into a nature reserve;

 

       "(5) There are other acts of abuse of power, neglect of duty, and malpractices favoritism and favoritism."

 

       5. The first paragraph of Article 16 of the "Regulations of the People's Republic of China on the Protection of Wild Plants" was amended as follows: "The protection of wild plants at the national level is forbidden, and for the special needs of scientific research, artificial cultivation and cultural exchanges, the protection at the national level Wild plants, they shall apply for collecting certificates to the competent forestry administrative departments under the State Council or their authorized agencies according to the management authority or apply for collection of evidences from the agricultural administrative departments of the people 's governments of the autonomous regions and municipalities directly under the Central Government or their authorized agencies.

 

       The first paragraph of Article 20 is amended as: "Wild plants imported or exported under the control of key export-protected wild plants or import and export of international conventions to which China is a party shall be approved by the competent forestry authority under the State Council in accordance with the authority of the administration or go through import and export The administrative department of agriculture under the people's government of Sheng Autonomous Region and municipality directly under the Central Government shall, after examination, submit it to the department of agriculture administration under the State Council for approval and obtain the certificate of permitted import and export or the label issued by the national import and export authority for endangered species. The label shall be examined and released for approval.The competent department of wild plants administration of the State Council shall forward the information on the import and export of wild plants to the environmental protection department of the State Council.

 

       Paragraph 2 of Article 21 is amended as: "When a foreigner conducts a field visit to a state-protected wild plant under the management of the administrative department of agriculture in China, the place where the state's key protected wild plants under the management of the agricultural administrative department are located Autonomous regions and municipalities directly under the Central Government approved by the administrative department of agriculture.

 

       Article 27 of the "or without approval of the state's key protected wild plants for field trips" be amended to "or without approval of the administrative department of agriculture managed national key protected wild plants for field trips."

 

       Sixth, the "Tour Guide Staff Regulations," the fourth amended as: "In the People's Republic of China engaged in guided tours, you must obtain a tour guide card.

 

       "To obtain the tour guide qualification certificate, after entering into a labor contract with a travel agency or registering in a relevant tourism industry organization, you can apply for a tour guide permit from the tourism administrative department of the People's Government of Sheng Autonomous Region or municipality directly under the Central Government while holding the labor contract or registration certificate you have entered.

 

       "Guide card style specifications, the State Council administrative department of tourism regulations."

 

       Delete the third paragraph of article VIII.

 

       VII. The first paragraph of Article 11 of the "Regulations for the Quality Control of Construction Projects" shall be revised as: "The specific measures for the examination of design documents for construction drawings shall be formulated by the competent administrative department of construction under the State Council and other relevant departments under the State Council."

 

       Eight, the "Construction Project Investigation and Design Regulations," the first paragraph of Article 33 be amended as: "construction drawings design document review agencies should be housing construction projects, municipal infrastructure construction drawings design documents related to the public interest, public safety , And the compulsory standards of engineering construction shall be examined.Transportation and other relevant departments under the people's government at or above the county level shall, in accordance with their duties and responsibilities, examine the contents concerning the compulsory standards of public interest, public safety and construction in the construction drawing design documents.

 

       IX. Delete the second item of Paragraph 2 of Article 16 of the Regulations on the Safety of Agricultural Genetically Modified Organisms. Paragraph 4 of the second paragraph shall be replaced by the third item, which shall be amended as: "(3) Other materials, such as test materials and test methods prescribed by the administrative department of agriculture under the State Council." The third paragraph is amended as follows: "Upon receipt of an application, the agricultural administrative department under the State Council shall entrust a technical testing organization that has the testing conditions and capabilities to carry out testing and organize the safety evaluation of agricultural genetically modified organisms to carry out safety evaluation; Agricultural Genetically Modified Organisms Safety Certificate. "

 

       Delete Article 22.

 

       Article 33 shall be changed to Article 32 with the following amendment: "Where an overseas company exports agricultural genetically modified organisms to the People's Republic of China for processing raw materials, it shall submit an application to the competent agricultural administration under the State Council and submit it to the competent agricultural administration under the State Council Test materials, testing methods and other materials; meet the following conditions, the State Council administrative department of agriculture entrusted with the testing conditions and capabilities of the technical testing agencies to confirm the human, animal, plant, microorganisms and ecological environment is not dangerous and safe Evaluation of qualified by the State Council department in charge of agriculture issued agricultural genetically modified organisms safety certificate:

 

       "(1) The exporting country or region has allowed it to be put on the market for its own purposes;

 

       "(2) The country or region of export has proved that it has no harm to human beings, animals and plants, microorganisms and the ecological environment through scientific experiments;

 

       "(C) there is a corresponding safety management, preventive measures."

 

       Article 35 is changed to Article 34 and amended as follows: "Agricultural genetically modified organisms that transit in the People's Republic of China shall comply with the relevant laws and administrative regulations of the People's Republic of China."

 

       Article 36 is changed to Article 35, and the "State Exit-Entry Inspection and Quarantine Department" deleted therefrom.

 

       Article 49 is deleted.

 

       Article 51 is replaced by Article 49 and is amended as follows: "Importation, carriage and mailing of agricultural genetically modified organisms in violation of the provisions of these Regulations have not been submitted for inspection to the exit and entry inspection and quarantine authorities at the port. Reference is made by the exit and entry inspection and quarantine authorities at the port Entry and exit animal and plant quarantine law of the relevant provisions of punishment.

 

       X. Delete the first paragraph of Article 3 of the "Regulations of Cotton Quality Supervision and Administration".

 

       Article 25 in the deletion of "serious cases, the original qualifications to cancel their cotton processing qualification."

 

       11. After deleting the "Article 32 of the Implementing Regulations on the Law of the People's Republic of China on the Protection of Cultural Relics," after examination by the competent department of cultural relics under the People's Government of Shengzheng Autonomous Region or municipality directly under the Central Government.

 

       12. Delete the "qualification management and" in the second paragraph of Article 15 of the "Regulations for the Implementation of Road Traffic Safety Law of the People's Republic of China".

 

       Article 13 The first paragraph of Article 21 of the "Emergency Regulations on the Grave Animal Epidemics" shall be amended to read as follows: "The major epidemic animal diseases shall be collected by the animal epidemic prevention supervision agency, and other materials collected by other units and individuals shall meet the following conditions:

 

       "(1) The purpose of collection of the material of major animal epidemics and the use of the pathogenic microorganisms shall comply with the provisions of the veterinary department of the State Council;

 

       "(B) with the acquisition of disease-compatible animal pathogenic microorganisms laboratory conditions;

 

       "(3) Equipment suitable for the biosafety level required for the acquisition of disease materials and effective measures to prevent the spread and infection of pathogens."

 

       Article 47 of the "unauthorized acquisition" was revised to "do not meet the appropriate conditions acquisition."

 

       Article 14 of the "Regulations for the Protection of Famous Villages and Towns in Famous Historical and Cultural Cities and Towns", Article 25 of the "Regulations of Urban and Rural Planning of Urban and County People's Governments in conjunction with the competent departments of cultural relics at the same level shall be deleted".

 

       Article 25 of the "Article 25" is deleted.

 

       Delete the first, second and fifth items of the first paragraph of Article 43. The second paragraph is amended as follows: "The relevant units or individuals carry out the activities specified in Article 25 of these Regulations or have the permission to carry out the activities specified in Paragraph 1 of this Article, but in the course of their activities, the traditional patterns, historical features or historical buildings Destructive, shall be punished in accordance with the provisions of the first paragraph of this Article. "

 

       Article 15 of the "Meteorological Disaster Prevention Regulations" be amended to read as follows: "The lightning protection installations for all kinds of structures, structures and facilities shall comply with the provisions of the state concerning lightning protection standards. Lightning protective devices for structures, structures and facilities shall be designed, constructed and put into use simultaneously with the main project.

 

       "The construction and design of lightning protection devices for new construction, reconstruction and expansion projects can be undertaken by the units that have obtained the engineering design and construction qualifications such as construction, roads, waterways, railways, civil aviation, water conservancy, electric power, nuclear power and communications.

 

       "Oil depots, gas storage, ammunition depots, chemical warehouses and fireworks, petrochemicals and other flammable and explosive construction projects and places, mining areas within the thunder and lightning prone areas, tourist attractions or put into use (structures), facilities, etc. Where lightning protection devices are required to be installed separately, and large-scale projects that require high risk of lightning and do not have lightning protection standards and require special demonstration, the design, verification and completion acceptance of lightning protection devices are the responsibility of the local meteorological department at or above the county level. Design audit or design review failed, may not be construction; without completion of acceptance or completion of acceptance failed shall not be delivered.

 

       The departments in charge of construction projects such as housing construction, municipal infrastructure, roads, waterways, railways, civil aviation, water conservancy, electric power, nuclear power and telecommunications shall be responsible for lightning protection management of construction projects in the corresponding fields. "

 

       Delete the words "special" and "design and construction" in the first paragraph of Article 24. In the second paragraph, "the unit that has obtained the construction engineering design and construction qualification according to law may be engaged in the design and construction of lightning protection installations for construction projects within the approved scope of qualification."

 

       Delete "design and construction" in the third paragraph of Article 43

 

       Article 45 in the first paragraph of the "design, construction." Add one as the third: "(c)