Decision of the State Council on Revising Certain Administrative Regulations

Decision of the State Council on Revising Certain Administrative Regulations
Decision of the State Council on Revising Certain Administrative Regulations

Order of the State Council of the People's Republic of China No.666

February 6, 2016

The Decision of the State Council on Revising Certain Administrative Regulations adopted at the 119th executive meeting of the State Council on January 13, 2016 is hereby promulgated and shall be effective as of the date of its promulgation.

Li Keqiang, Premier

Decision of the State Council on Revising Certain Administrative Regulations

In order to streamline the administration and start the decentralization, strengthen the regulation and optimize the service reform, the State Council has screened the administrative regulations involved in cancellation and adjustment of the items subject to administrative review and approval, the price reform and the universal reduction of fees, and l has decided to revise certain clauses of 66 administrative regulations as follow.

I. Delete the phrase "before they apply for a new business license" in Article 16 of the Implementation Rules of the Metrology Law of the People's Republic of China.
The phrase "The administrative departments for measurement of the people's governments at the county level or above" in the first paragraph of Article 29 shall be revised as "the administrative departments for measurement of local people's governments at the county level or above".
Delete Article 50.

II. Article 8 of the Administrative Regulations on Sanitation of Public Places shall be revised as "As for all public places except parks, stadiums and public transportation, business operators shall apply to the sanitary administrative authorities for a sanitary license in a timely manner. The sanitary license shall be reviewed biyearly."

III. The first paragraph of Article 6 of the Regulations on Prevention of Environment Pollution by Ship Breaking shall be revised as "Whoever sets up a ship-breaking yard shall prepare an environmental impact report, including the location of the ship-breaking yard, surrounding environment, ship-breaking scale and conditions, ship-breaking technology, anti-pollution measures, expected control effects, etc. It is not allowed to start the construction of a ship-breaking yard that fails to undergo environmental impact assessment in accordance with the law."
Delete item 1 of the first paragraph of Article 17. The second paragraph of Article 17 shall be revised as "Where anyone, in violation of these Regulations, sets up a ship-breaking yard without permission in an area specified in the second paragraph of Article 5 and engages in ship breaking, the people's government at the county level or above shall order the ship-breaking yard to be shut down or relocated within a time limit under the principle of hierarchical administration." Insert a paragraph to Article 17 as the third paragraph, which reads as "Where a ship-breaking yard failure of undergoing environmental impact assessment starts construction without permission, it shall be penalized in accordance with the Environmental Protection Law of the People's Republic of China."

IV. Delete Article 26 of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise by Legal Persons.

V. The phrase "Only with an entry or exit permit for corpses and human bones issued by the health quarantine organ" of the first paragraph of Article 57 of the Implementing Rules of the Frontier Health and Quarantine Law of the People's Republic of China shall be revised as "only after passing the health quarantine by the health and quarantine organ".
Item 2 of Article 107 shall be revised as "2. the hotels accommodating foreign passengers and the restaurants providing catering service to inward or outward conveyances at the frontier ports must obtain a hygiene license from the health and quarantine organ." And Item 3 shall be revised as "3. persons providing drinking water and food at the hotels accommodating foreign passengers and at the entry or exit conveyances on the frontier ports must hold valid health certificates."

VI. The phrase "The administrative department for measurement under the State Council" in Article 13 and Article 14 of the Measures of the People's Republic of China for the Supervision and Administration of Imported Instruments of Measurement shall be revised as "the administrative department for measurement of the people's government of a province, autonomous region or municipality directly under central government".
Delete the section "Chapter IV Examination and Determination of Imported Instruments of Measurement" (Articles 15, 16, 17 and 18)
Delete Article 20.
Article 25 shall be renumbered as Article 20 and revised as "Fees for model approval and design appraisement for imported instruments of measurement shall be paid in accordance with the relevant stipulations of the State."

VII. The first paragraph of Article 13 of the Measures of the People's Republic of China for the Administration of Foreign Archeological Activities shall be revised as "Any visit by a foreigner, a foreign organization or an international organization to a cultural relics site within the Chinese boundaries not yet open to public visitors can be conducted, if the cultural relics site is in an area open to foreigners, only after the program for the visit has been submitted one month before by the administrative body in the place where the cultural relics site is located or by the host central governmental department and its direct subordinate office to the department for the administration of cultural relics of the province, autonomous region or municipality directly under central government and after an approval has been obtained therefrom. If the cultural relics site is in an area not open to foreigners, only after the program for the visit has been submitted one month before by the administrative body in the place where the cultural relics site is located or by the host central governmental department and its direct subordinate office to the department for the administration of cultural relics of the province, autonomous region or municipality directly under central government and after an approval has been obtained therefrom and the necessary procedures completed with the relevant department in accordance with the pertinent provisions governing foreign related matters." The second paragraph shall be revised as "Any visit to an archaeological site under excavation shall be made only when the agency in charge of the excavation has been duly consulted by the host agency and an approval has been obtained from the department for the administration of cultural relics of the province, autonomous region or municipality directly under central government in the place where the archaeological site under excavation is located."

VIII. The first paragraph of Article 14 of the Regulations of the People's Republic of China on Urban Collectively-owned Enterprises shall be revised as "The incorporation of a collectively owned enterprise shall be approved by the department appointed by the people's government of a province, autonomous region or municipality directly under central government."
Delete the phrase "and register the changes with the original registration authorities according to law" in Article 15.
Delete item 1 of Article 56.

IX. The second paragraph of Article 7 of the Implementing Regulations of the People's Republic of China on Terrestrial Wildlife Protection shall be revised as "General surveys of the wildlife resources shall be conducted once every ten years."
The phrase "The local people's government at or above the county level" in the second paragraph of Article 15 shall be revised as "the people's government at the county level".
Delete Article 19.
Article 22 shall be renumbered as Article 21 and the first paragraph shall be revised as "A domestication and breeding license is required for the domestication and breeding of wildlife under special protection by the State."
Article 26 shall be renumbered as Article 25 and the second paragraph shall be deleted.

X. Delete Article 7 of the Procedures for Control of Participation by Foreign Businesses in the Salvaging of Sunken Ships and Sunken Articles in China's Coastal Waters.
Article 9 shall be renumbered as Article 8 and revised as "The Ministry of Communications is responsible for organizing negotiations with foreign businesses on salvaging sunken ships and sunken articles in China's coastal waters, deciding salvaging projects and organizing the signing by Chinese salvage operators and foreign businesses on joint salvage contracts or contracts for cooperative salvage in accordance with law; if prohibited military zones or areas under military control are involved, the salvage operation shall be in compliance with relevant provisions of the Law of the People's Republic of China on the Protection of Military Installations."
Article 10 shall be renumbered as Article 9 and the first paragraph shall be revised as "Joint salvage contracts signed by and between foreign businesses and Chinese salvage operators should be in compliance with relevant stipulations of the Contract Law of the People's Republic of China. After the conclusion of such contract, foreign businesses shall apply to the industry and commerce administration for business registration, and make tax registration with the local taxation authorities."
Delete Articles 11 and 12.

XI. Article 13 of the Interim Value-Added Tax Regulations of the People's Republic of China shall be revised as "Taxpayers other than small-scale taxpayers shall complete registration formalities with the taxation authorities in charge. Detailed registration measures shall be formulated by the taxation authorities of the State Council."
"A small-scale taxpayer which carries out proper accounting and is able to provide accurate tax information may complete registration formalities with the taxation authorities in charge to be treated not as a small-scale taxpayer and compute tax amount payable pursuant to the relevant provisions of these Regulations."

XII. Delete the phrase "before completing other formalities with the relevant departments" in Article 9 of the Administrative Regulations on Medical Institutions.

XIII. Delete Article 55 of the Administrative Regulations of the People's Republic of China on Company Registration .

XIV. Delete the sentence "The electricity supply agency shall, on the strength of the Permit for Electricity Supply, apply for and obtain a business license from the relevant administrative department for industry and commerce before it may start the supply of electricity" in the first paragraph of Article 9 of the Regulations on Electric Power Supply and Consumption.
The second paragraph of Article 37 shall be revised as "To undertake installation, maintenance or testing of power supply and power-receiving facilities, entities must pass the appraisal of the administrative department of electric power and obtain a Permit for Undertaking Installation (Maintenance) of Electric Power Facilities therefrom."

XV. Delete Article 46 of the Administrative Regulations on Blood Products.

XVI. Delete item 4 of the second paragraph of Article 6, Article 10 and Article 15 of the Regulations for Implementation of the Law of the People's Republic of China on Tobacco Monopoly.
Article 18 shall be renumbered as Article 16, and "the administrative departments in charge of tobacco monopoly at the provincial level" therein shall be revised as "the administrative departments in charge of tobacco monopoly at the level of cities divided into districts".
Article 38 shall be renumbered as Article 36 and the phrase "the special monopoly tobacco business license" in the first paragraph shall be deleted.
Article 42 shall be renumbered as Article 40 and revised as "The plan for import of monopoly tobacco products shall be examined and approved by the administrative department in charge of tobacco monopoly under the State Council."
Article 50 shall be renumbered as Article 48, and the sentence "Bidders for foreign tobacco products shall hold a tobacco monopoly business license" in the first paragraph shall be deleted.
Article 53 shall be renumbered as Article 51, and item 1 shall be revised as "1. For purchasing tobacco leaves without authorization, a fine amounting to over 20% and less than 50% of the value of tobacco purchased illegally may be imposed and the tobacco leaves illegally purchased shall be purchased at a price of 70% of the average purchase price for the previous year issued by administrative department in charge of tobacco monopoly at the provincial level in the place where these tobacco leaves are seized."
Article 54 shall be renumbered as Article 52 and item 1 shall be revised as "For consigning or self-transportation of monopolized tobacco products without a transport pass or the amount of monopolized tobacco products carried has exceeded the amount prescribed in the transport pass, a fine amounting to over 20% and less than 50% of the value of the products illegally transported shall be imposed, the illegally transported tobacco leaves may be purchased at a price of 70% of the average purchase price for the previous year issued by administrative department in charge of tobacco monopoly at the provincial level in the place where these tobacco leaves are seized, and the illegally transported tobacco products other than tobacco leaves may be purchased at a price of 70% of the wholesale price in the market."
Delete Article 57.
Article 64 shall be renumbered as Article 61, Article 38 therein shall be revised as "Article 36" and the phrase "special monopoly tobacco business licenses" shall be deleted.
Delete Article 68.

XVII. The phrase "The competent department of commerce" in Articles 3, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31 and 35 of the Administrative Regulations on Pig Slaughtering shall be revised as "the competent animal husbandry and veterinary department".
The phrase "Formulated by the competent commerce department of the State Council after consulting with the competent animal husbandry and veterinary department of the State Council" in Article 4 shall be revised as "formulated by the competent animal husbandry and veterinary department of the State Council".
The phrase "by the competent commerce departments of the people's governments of provinces, autonomous regions or centrally-administered municipalities in conjunction with the competent animal husbandry and veterinary departments, the environmental protection departments and other relevant departments" in Article 5 shall be revised as "by the competent animal husbandry and veterinary departments of the people's governments of provinces, autonomous regions or centrally-administered municipalities in conjunction with the environmental protection departments and other relevant departments".
The first paragraph of Article 6 shall be revised as "The people's government at the level of a city divided into districts shall, under the distribution plan, organize the competent animal husbandry and veterinary department, the environmental protection department and other relevant departments to conduct examination of a pig slaughtering plants (houses) to be set as designated in accordance with the conditions specified in these Regulations, and decide on the matter after consulting with the competent animal husbandry and veterinary department of the people's government of the province, autonomous region or municipality directly under central government, and shall issue a permit and signboard of designated pig slaughtering plants (houses) to those designated." The third paragraph shall be deleted.
Article 29 shall be revised as "Where an entity or individual engaging in the sales of pig products or production and processing of meat products or a catering service provider or collective canteen sells or uses the pig products slaughtered by non-designated pig slaughtering plants (houses), pig products that have not been inspected or do not pass the quality inspection or pig products filled with water or other materials, the food and drug administration shall confiscate the pig products that have not been sold or used as well as the illegal gains, and impose a fine of not less than three times but not more than five times the value of such products; if it is difficult to determine the value of these goods, a fine of not less than CNY 50,000 but not more than CNY100,000 will be imposed on the entity and a fine of not less than CNY 10,000 but not more than CNY20,000 imposed on the individual; if the circumstance is serious, the license (certificate) issuing organs shall revoke the relevant license or certificate; and if a crime is constituted, criminal liability shall be pursued in accordance with the law."

XVIII.
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