Decree of the State Council of the People's Republic of China
No. 726
The "Decision of the State Council on Amending and Abolishing Some Administrative Regulations" is hereby promulgated and will be implemented as of the date of promulgation.
Li Keqiang
March 27, 2020
Decision of the State Council on Amending and Abolishing Some Administrative Regulations
In order to promote the reform of deregulation and decentralization, the combination of decentralization and management, and the optimization of service reforms in accordance with the law, the State Council has cleared administrative regulations related to the cancellation and decentralization of administrative licensing projects, as well as administrative regulations that no longer apply in practice. After cleaning up, the State Council decided:
1. Amend some of the provisions of the 7 administrative regulations. (attachment1)
2. Abolish 10 administrative regulations. (Annex 2)
This decision shall be implemented as of the date of promulgation.
Annex: 1. Administrative regulations decided by the State Council to amend
2. Administrative regulations decided by the State Council to be abolished
attachment1
Administrative regulations decided by the State Council
I. Deleting the first paragraph of Article 22 of the "Implementation Rules of the Fishery Law of the People's Republic of China", "The construction of artificial reefs outside the 'motor fishing vessel bottom trawling no-fishing area line' must be approved by the fishery administrative department of the State Council ".
2. Delete Paragraph 1 of Article 35 of the "Regulations on Urban Water Supply". Paragraph 2 is amended to read: "There is one of the acts listed in (1), (3), (4), (5), (6) of the preceding paragraph. With the approval of the people's governments at or above the county level, water supply can also be stopped within a certain period of time. "
3. Delete the third item of Article 8 of the "Regulations on the Management and Administration of Urban Real Estate Development".
4. The first paragraph of Article 10 of the "Regulations on the Administration of Weather Modifications" was amended to read: "Artificial Weather Modification Units shall conduct posts for weather modification operations personnel in accordance with the training standards for weather modification operators established by the State Council ’s meteorological authority. Pre-training. Weather-influence operators should master relevant operating specifications and operating procedures before implementing weather-influence operations. "
Paragraph 2 of Article 13 is amended to read: "Agricultural and rural areas, water conservancy, natural resources, emergency management, forestry and grassland and other relevant departments shall provide the disaster, hydrology, fire and other materials required for the implementation of weather modification operations in a timely manner and free of charge."
Paragraph 18 of Article 18 is amended to read as follows: "For the transfer of weather modification operation equipment between weather modification operation units, it shall be filed with the meteorological authority of the relevant province, autonomous region, or municipality directly within 30 days from the date of transfer."
In Article 19, "in serious circumstances, the disqualification of operations" was amended to "in serious circumstances, it is forbidden to engage in weather modification operations." The fourth item is amended as: "(4) Transfer of artificial weather-influencing equipment between artificial weather-influencing units that have not been filed in accordance with regulations".
V. The eighth paragraph of the "Regulations on the Administration of Veterinary Drugs" was amended to read: "For the development of new veterinary drugs, they shall be filed with the veterinary administration of the people's government of the province, autonomous region, or municipality where the clinical trial site is located before the clinical trial, with the new Veterinary drug laboratory safety evaluation reports and other preclinical research data. "
Paragraph 2 of Article 35 is amended to read: "For the import of veterinary drugs that have obtained a veterinary drug registration certificate in China, an agent in China shall apply to the veterinary administration of the people's government of the port where the port is located to apply for a veterinary drug customs clearance form. Customs The import veterinary drug clearance form will be released. Administrative measures for the import of veterinary drugs shall be formulated by the veterinary administration under the State Council in conjunction with the General Administration of Customs. "
Article 59 adds a paragraph as the third paragraph: "In violation of the provisions of this Regulation, clinical trials of new veterinary drugs should be filed but not filed, and ordered to be corrected immediately, given a warning, and imposed 50,000 yuan up to 100,000 yuan. Fines; those who cause losses to others shall be liable for compensation according to law. "
Paragraph 1 of Article 70 is amended as: "The administrative penalties provided for in these Regulations shall be determined by the veterinary administration of the people's government at or above the county level; among which the veterinary drug production license and veterinary drug business license shall be revoked, the veterinary drug approval certification document shall be revoked or the veterinary drug shall be ordered to stop The research and test shall be decided by the certification, approval and filing department. "
Delete "Certificate of Permitting Import of Veterinary Biological Products" in Article 72, Item 7.
6. Paragraph 1 of Article 4 of the "Crew Regulations of the People's Republic of China" is amended to read: "Crews referred to in these Regulations refer to persons who have obtained a certificate of competency for crew members in accordance with the provisions of these Regulations, including masters, officers, and ordinary crew members. "
Delete Articles 5, 6, 7 and 8.
Article 9 was changed to Article 5 and was amended as: "Crew members shall obtain the corresponding crew competency certificate in accordance with the provisions of this Regulation.
"Applying for a seafarer's certificate of competency shall meet the following requirements:
"(1) Be at least 18 years of age (internship on board and trainees at the age of 16) and the initial application shall not exceed 60;
"(B) meeting the health requirements for the post of the crew;
"(C) Having received basic safety training for the crew.
"Crew members participating in sailing and engine shifts shall also undergo appropriate crew qualification training and special training, have the relevant crew qualifications, and have a good performance and safety record.
"If a crew member of an international sailing vessel applies for a certificate of competency, he shall also pass the professional foreign language examination for the crew."
Article 10 is changed to Article 6 and amended as: "Applying for a crewmember's certificate of competency, you can submit a written application to any maritime management agency that has the authority to issue a corresponding crewmember's certificate of competency, and attach the applicant to meet the conditions specified in Article 5 of these regulations For those who meet the prescribed conditions and pass the seafarer's service examination organized by the national maritime administration, the maritime administration shall issue the appropriate crew competency certificate and crew service book. "
Article 11 was changed to Article 7 and was amended as: "The seafarer's certificate of competency shall specify the seafaring area (line), the type and rank of the ship, the title of the ship, and the period of validity.
"The validity of the certificate of competency of seafarers participating in sailing and marine watch operations shall not exceed 5 years.
"The crew service book shall contain the name, domicile, contact person, contact information, performance of duties and other related matters of the crew.
"If there are changes to the items recorded in the crew service book, the crew should go through the change formalities with the maritime administration."
Article 22 was changed to Article 18, Article 57 was changed to Article 53, and the "service qualifications and performance" was changed to "performance."
Article 46 was changed to Article 42, Article 52 was changed to Article 48, Article 65 was changed to Article 61, and Article 67 was changed to 63 Clause, delete the "crew service book".
Article 56 was changed to Article 52, and the "Crew Service Book" was deleted. The fourth item is amended as "(4) failing to fill in or record the legal documents concerning the ship and crew". The fifth item is amended as "(5) Concealing, tampering with, or destroying the statutory certificates and documents of ships and crew members".
7. Amend "the competent department of health of the people's government of the province, autonomous region, or municipality where you plan to practise" in Article 8, paragraph 1, of the "Nurses Regulations" to "approve the establishment of a medical institution to be practised or register for the medical institution" .
In Article 9, “the competent department of health of the people ’s government of the province, autonomous region, or municipality where it is planned to practice” was amended to read “the competent department of health that approved the establishment of a medical institution to be practised or registered for that medical institution”, “the province, autonomous region, or municipality where it was originally practised The “People's Government Department of Health” was amended to “formerly registered department”.
"The competent health department of the people's government of the province, autonomous region, or municipality directly under the Central Government" in the first paragraph of Article 10 was amended to "the competent health department that approved the establishment of a medical institution for practice or filed a record for that medical institution".
In addition, the serial numbers of the articles in relevant administrative regulations are adjusted accordingly.
Annex 2
Administrative regulations that the State Council has decided to abolish
I. Interim Measures for the Prevention and Control of Brucellosis (Approved by the State Council on December 22, 1979, and issued by the Ministry of Health and the Ministry of Agriculture on January 31, 1980)
Implementation Rules for the Law of the People's Republic of China on the Administration of Exit and Entry of Citizens (Approved by the State Council on December 3, 1986, issued by the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Communications on December 26, 1986. The State Council approved the first amendment on July 13, 1994. (On July 15, the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Communications issued the second amendment in accordance with the "Decision of the State Council on Abolishing and Modifying Some Administrative Regulations" of January 8, 2011)
3. Regulations on the development of soil and water conservation in the border areas of Shanxi, Shaanxi and Mongolia (September 1, 1988, State Council approved October 1, 1988, the State Planning Commission, and the Ministry of Water Resources issued regulations on January 8, 2011 to abolish and modify some administrative regulations (Revised Decision)
Regulations on Administrative Protection of Drugs (approved by the State Council on December 12, 1992, issued by the State Pharmaceutical Administration on December 19, 1992)
V. Measures for the Education and Containment of Prostitutes and Prostitutes (Promulgated by Order No. 127 of the State Council of the People's Republic of China on September 4, 1993, promulgated in accordance with the "Decision of the State Council on Abolishing and Amending Certain Administrative Regulations" of January 8, 2011)
Measures for the Taxation of Shipping Revenue by Foreign Companies (September 18, 1996, State Council approved October 24, 1996, Ministry of Finance and State Administration of Taxation issued a decision in accordance with the State Council's decision to abolish and modify some administrative regulations on January 8, 2011 (Revision)
Regulations of the People's Republic of China on Traditional Chinese Medicine (Promulgated by Order No. 374 of the State Council of the People's Republic of China on April 7, 2003)
Regulations for the Implementation of the Administrative Supervision Law of the People's Republic of China (Promulgated by Order No. 419 of the State Council of the People's Republic of China on September 17, 2004)
Regulations on the Administration of Vaccine Circulation and Vaccinations (Decree No. 434 of the State Council of the People's Republic of China on March 24, 2005, promulgated in accordance with the "Decision of the State Council on Amending the" Regulations on the Administration of Vaccine Circulation and Vaccinations "on April 23, 2016)
X. Working Regulations of the School of Public Administration (Promulgated by Decree No. 568 of the State Council of the People's Republic of China on December 22, 2009)