Decision of the State Council to Amend Certain Administrative Regulations

Decision of the State Council to Amend Certain Administrative Regulations


Decision of the State Council to Amend Certain Administrative Regulations

Order of the State Council of the People's Republic of China No.653

July 29, 2014

The Decision of the State Council to Amend Certain Administrative Regulations (hereinafter referred to as the "Decision"), adopted at the 54th executive meeting of the State Council on July 9, 2014, is hereby promulgated for implementation as of the date of promulgation.

Premier Li Keqiang

Decision of the State Council to Amend Certain Administrative Regulations

In order to promote reform of administrative examination and approval system and transformation of government functions by law, take well advantage of local governments closing to the grass roots, promote and guarantee the transfer of government administration from prior examination and approval into interim and ex post regulation, and further motivate market dynamics, and motive force of the development and social creativity, the State Council has cleared up the administrative regulations related to administrative examination and approval items subject to cancellation and delegation in accordance with the Decision of the State Council on Cancellation and Delegation of a Batch of Administrative Examination and Approval Items issued by the State Council on January 28, 2014. The State Council decides to revise certain provisions of 21 administrative regulations after clearing up.

I. Article 8 of the Interim Regulations of the State Council on Management of General Aviation is revised as follows: "Enterprises operating general aviation business may assume overseas general aviation business, subject to the handling of related procedures in accorance with the relevant national provisions."

II. Item 3, Paragraph 3 of Article 6 of the Interim Regulations on Self-taught Examination of Higher Education is revised as follows: "Develop planning on majors for self-taught examination of higher education, and examine and approve undergraduate majors."
Article 11 is revised as follows: "For self-taught examination of higher education, new majors for college shall be determined by provincial test committee; new undergraduate majors shall be demonstrated by the relevant departments and experts organized by provincial test committee, and corresponding application shall be proposed and reported to national test committee for examination and approval."


III.
Paragraph 1 of Article 7 of the Regulations of the People's Republic of China on the Registration of Vessels is deleted.
Article 53 of "by employing foreign seafarers without authorization or" is deleted.

IV. The phrase "registered before the examining and approving authorities" in Article 26 of the Regulations of the People's Republic of China on the Protection of New Plant Varieties is revised as follows "register with administrative departments of agriculture and forestry of provincial people's governments according to assignment of responsibilities".

V. The phrase "confirmed through assessment" in Paragraph 1 of Article 13 of the Administrative Measures for the Block Registration of Mineral Resource Prospecting is deleted.
Paragraph 2 of Article 13 is revised as follows: "Assessment on price of exploration rights formed through state-funded prospecting shall be conducted by an appraisal agency with qualification in mineral rights assessment; and the assessment report shall be submitted to registration and management authority for the record."
Article 38 is revised as follows: "In case that prospecting for mineral resources is conducted through sino-foreign cooperation, the Chinese cooperator shall submit the contract to original license issuance authority for the record after signing the contract."
Article 40 is deleted.

VI. The phrase "confirmed through assessment" in Paragraph 1 of Article 10 of the Administrative Measures for the Registration of Mineral Resources Exploitation is deleted.
Paragraph 2 of Article 10 is revised as follows: "Assessment on price of mining rights formed through state-funded prospecting shall be conducted by an appraisal agency with qualification in mineral rights assessment; and the assessment report shall be submitted to registration and management authority for the record."
Article 29 is revised as follows: "In case that the mineral resources exploitation is conducted through sino-foreign cooperation, the Chinese cooperator shall submit the contract to original license issuance authority for the record after signing the contract."

VII. Paragraph 2 of Article 9 of the Measures for the Administration of Transfer of Mineral Exploration Right and Mining Right is revised as follows: "Assessment on price of exploration rights and mining rights formed through state-funded prospecting shall be conducted by an appraisal agency with qualification in mineral rights assessment; and the assessment report shall be submitted to registration and management authority related to exploration rights and mining rights for the record."

VIII. Paragraph 2 of Article 17 of the Regulations on the Implementation of the Land Administration Law of the People's Republic of China is revised as follows: "Whoever develops state-owned barren hills, barren land or barren shoals with undetermined land use rights in land reclamation zones determined by the overall planning for land utilization for the purpose of engaging in forestry, animal husbandry and fishery production shall file an application with the competent land administrative department of the local people's government above the county level of the locality where the land is located and, according to the authority stipulated by province, autonomous region and municipality directly under the Central Government, submit the same to people's government above the county level for approval."
Paragraph 3 of Article 17 is deleted.
Paragraph 4 of Article 17 is revised as Paragraph 3, and "people's governments above the county level" therein is revised as "local people's governments above the county level."

IX. Article 13 of the Administrative Regulations of the People's Republic of China on Renminbi is revised as follows: "Apart from the enterprise designated by the People's Bank of China to print RMB, no entity or individual shall develop, model, import, sell, purchase or use any specific anti-counterfeiting materials, techniques, processes and appropriative equipment for printing RMB.
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