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

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

Order of the State Council of the People's Republic of China No.676

March 1, 2017

The Decision of the State Council on Revising and Repealing Certain Administrative Regulations is hereby promulgated and shall come into force as of the date of promulgation.

Li Keqiang, Premier

Decision of the State Council on Revising and Repealing 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 sorted out the administrative regulations involved in the cancelation of items subject to administrative review and approval, intermediary service items and qualification licensing items and the reform of ex-ante review and approval for enterprise-invested projects, and those not beneficial to stabilizing growth, promoting reform, adjusting structure and benefiting people. Upon sorting, the State Council has decided that:

I. Certain articles of 36 administrative regulations shall be revised. (Appendix I)

II. Three administrative regulations shall be repealed. (Appendix II)

The Decision shall come into force as of the date of promulgation.

Appendix I Administrative Regulations Revised by the Decision of the State Council

I. Paragraph 3, Article 11 and Article 16 of the Regulations on Urban Greening shall be deleted.
Article 22 shall be renumbered as Article 21, reading "Anyone setting up a commercial or service stall in urban public green space shall, with the business license approved by the industrial and commercial administrative department, engage in the business operation at the place designated by the administrative unit for public green space, and comply with the provisions concerning public green space and industrial and commercial administration."
Article 24 shall be renumbered as Article 23, reading "Anyone who needs to prune the trees to safeguard the safety of pipelines shall prune them based on the principle of considering the safe use of pipelines and normal growth of trees. The measures for bearing the pruning expenses shall be formulated by the urban people's government.
If there is any harm to the safety of pipelines due to the tilt of a tree caused by any force majeure, the administrative unit for pipelines may straighten or cut down the tree in advance. However, such straightening or cutting down of a tree shall be timely reported to the competent administrative department in charge of urban greening under the urban people's government and the administrative unit for green space."
Article 26 shall be renumbered as Article 25, reading "For any design scheme on a greening work attached to an engineering construction project whose construction is done without approval or not based on the approved design scheme, the competent administrative department in charge of urban greening under the urban people's government shall issue an order to stop the construction and effect rectification within a time limit or take other remedial measures."
Article 27 shall be renumbered as Article 26, and Item 2 thereof shall be revised as "2. cutting down urban trees arbitrarily."
Article 29 shall be renumbered as Article 28, and Paragraph 1 thereof shall be deleted. Paragraph 2 thereof shall be revised to read "For any commercial or service stall against the management by the administrative unit for public green space, the competent administrative department in charge of urban greening under the urban people's government or any unit authorized by such department shall issue a warning thereto, and may impose a fine concurrently; in the case of any serious circumstance, the industrial and commercial administrative department may be requested to revoke the business license of the related commercial or service stall."

II. Paragraph 3, Article 12 of the Regulations of the People's Republic of China on Control over Dumping of Wastes in the Ocean shall be deleted.

III. Paragraph 2, Article 11 of the Regulations on the Prevention of Environmental Pollution by Ship Breaking shall be revised to read "The cabin cleaning, pollution discharge, cabin clearing, gas-free inspection and other work shall be conducted before a scrapped tanker is dismantled."

IV. Paragraph 1, Article 11 of the Regulations of the People's Republic of China on River-way Administration shall be revised to read "When constructing the works developing water conservancy, preventing water disasters and dredging waterways, as well as the bridges, wharfs, roads, ferries, pipelines, cables and other buildings and facilities crossing or running through the rivers, running through dams and located near rivers, any construction unit must submit its work construction scheme to the competent river-way authority for review and approval in accordance with the jurisdiction for the management of river-ways. Without the foregoing review and approval, no construction unit shall start its construction."
Article 29 shall be revised to read "The old ways, old dams or original engineering facilities of rivers, etc. shall not be arbitrarily blocked, possessed or dismantled."

V. Article 23, Paragraph 1 of Article 24 and Article 27 of the Regulations for the Administration of Affairs Concerning Experimental Animals shall be deleted.

VI. Article 4 of the Administrative Measures for the Control of Radioactive Drugs shall be revised to read "The department in charge of supervision and administration of drugs under the State Council shall be responsible for the nationwide supervision and administration of radioactive drugs. The competent department of science, technology and industry for national defense under the State Council shall, according to its duties, be responsible for the administration related to radioactive drugs. The competent department of environmental protection under the State Council shall be responsible for the supervision and administration of radiation safety and protection with respect to radioactive drugs."
Article 5 shall be deleted.
Article 6 shall be renumbered as Article 5, and Paragraph 3 thereof shall be revised to read "The classification of new radioactive drugs shall be handled according to the provisions of the department in charge of supervision and administration of drugs under the State Council on drug registration."
Article 7 shall be renumbered as Article 6, reading "Before the clinical test or verification of any radioactive drug developed by a research unit, such unit shall apply to the department in charge of supervision and administration of drugs under the State Council and submit the materials and samples thereto as specified. Upon approval by the department in charge of supervision and administration of drugs under the State Council, the clinical research shall be conducted at the institution for clinical drug test designated by the department in charge of supervision and administration of drugs under the State Council."
Article 8 shall be renumbered as Article 7, in which the phrase "the Ministry of Health" shall be revised to read "the department in charge of supervision and administration of drugs under the State Council", and the phrase "the Ministry of Energy" shall be revised to read "the competent department of science, technology and industry for national defense under the State Council".
Article 9 shall be renumbered as Article 8, in which the phrase "the Ministry of Health" shall be revised to read "the department in charge of supervision and administration of drugs under the State Council".
Article 10 shall be deleted.
Article 11 shall be renumbered as Article 9, reading "The State shall, based on the needs, formulate a reasonable layout for enterprises producing radioactive drugs."
Article 12 shall be renumbered as Article 10, reading "The establishment of a manufacturer or an operating enterprise of radioactive drugs shall meet the provisions of the Drug Administration Law, meet the national provisions and criteria concerning the safety of and protection from radioisotopes, and the approval formalities in the evaluation document of environmental influence shall be performed; upon the review and consent by the competent department of science, technology and industry for national defense under the State Council, as well as the examination and approval by the department in charge of supervision and administration of drugs under the State Council, the License for Operating Enterprises of Radioactive Drugs shall be issued by the department in charge of supervision and administration of drugs of the province, autonomous region or municipality directly under the Central Government for the establishment of the manufacturer of radioactive drugs; if the establishment of an operating enterprise of radioactive drugs is reviewed by the department in charge of supervision and administration of drugs under the State Council and subject to the opinion of the competent department of science, technology and industry for national defense under the State Council, the License for Operating Enterprises of Radioactive Drugs shall be issued by the department in charge of supervision and administration of drugs of the province, autonomous region or municipality directly under the Central Government.
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