Determination of administrative and legal rules
In order to promote the reform of administrative examination and approval system and the transformation of government functions in accordance with the law, further stimulate the creative vitality of the market and society, give play to the advantages of local governments being close to the grassroots, and promote and ensure the transformation of government management from pre-approval to post-event supervision, the State Council has cleaned up relevant administrative regulations. After cleaning up, it was decided that:
1. Abolish the Measures for the Administration of Coal Production License (promulgated by the State Council on February 20, 1994/KLOC-0).
Two, some provisions of 25 administrative regulations shall be amended.
This decision shall come into force as of the date of promulgation.
Annex: Administrative regulations decided by the State Council.
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Administrative regulations decided by the State Council.
1. Amend Article 7 of the Regulations of People's Republic of China (PRC) on Foreign Cooperation in Exploitation of Offshore Oil Resources to read: "China Offshore Oil Corporation determines foreign enterprises to cooperate in the exploitation of offshore oil resources through organizing bidding, signs cooperative oil exploitation contracts or other cooperative contracts, and submits relevant information of the contracts to the Ministry of Commerce of People's Republic of China (PRC) and People's Republic of China (PRC)."
2. Article 23 of the Regulations on the Administration of Experimental Animals is amended as: "Where an experimental animal work unit imports the original species of experimental animals from abroad, it must register with the species protection, breeding and quality monitoring unit designated by the administrative department of science and technology of the people's government of the province, autonomous region or municipality directly under the Central Government."
The first paragraph of Article 24 is amended as: "The export of experimental animals must be reported to the administrative department of science and technology of the people's government of the province, autonomous region or municipality directly under the Central Government where the experimental animal work unit is located for examination and approval. After approval, the export formalities can be handled. "
Three, delete the "Regulations" management of satellite television broadcasting ground receiving facilities fourth.
Article 5 is renumbered as Article 4 and amended as: "A production enterprise licensed by the competent department of industrial product production license shall sell the satellite ground receiving facilities to an installation service institution established according to law. No other unit or individual may sell it. "
Article 11 is renumbered as Article 10, and the first paragraph is amended as: "If a satellite ground receiving facility is produced without authorization in violation of the provisions of these Regulations, or a production enterprise fails to sell it to a legally established installation service institution, the competent department of industrial product production license shall order it to stop production and sales."
4. Article 8 of the Regulations of People's Republic of China (PRC) on Foreign Cooperation in Exploitation of Onshore Petroleum Resources is amended as: "China Petroleum Company shall identify foreign enterprises cooperating in the exploitation of onshore petroleum resources through bidding or negotiation, sign cooperative oil exploitation contracts or other cooperative contracts, and submit relevant information of the contracts to the Ministry of Commerce of People's Republic of China (PRC) and China."
5. Article 12 of the Regulations on the Protection of Traditional Arts and Crafts is amended as: "Those who meet the following conditions and have been engaged in the production of traditional arts and crafts for a long time may be awarded the title of Master of Arts and Crafts in China after review by relevant industry associations:
"(a) outstanding achievements, enjoy a reputation at home and abroad;
"(2) Excellent skills and a school of its own."
Delete Article 13.
Article 24 of the Regulations for the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law is amended as: "Cigarettes, cigars and packaged cut tobacco shall use registered trademarks."
Delete article 47.
Seven. Article 7 of the National Regulations on Science and Technology Awards is amended as: "Science and technology awards established by social forces for the society shall not be charged any fees in the award activities."
Delete article 23.
8. Delete Articles 9 and 10 of the Regulations of People's Republic of China (PRC) on International Maritime Transport.
Article 13 is renumbered as Article 11, and "international shipping agent" is deleted.
Article 14 is renumbered as Article 12, and "international shipping agent" is deleted.
Article 15 is renumbered as Article 13, and "international shipping agent" is deleted.
Delete Article 24.
Article 34 is changed to article 31, and the first paragraph is deleted.
Article 44 is renumbered as Article 41 and amended as: "Those who engage in international ship management business without going through the registration formalities shall be ordered to stop by the transportation departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government where their business is located; Illegal income, confiscate the illegal income; If the illegal income is more than 50 thousand yuan, a fine of more than 2 times and less than 5 times of the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of 20,000 yuan to 65,438+10,000 yuan will be imposed. "
Article 47 is renumbered as article 44, and "international shipping agent" is deleted.
Article 52 is changed to article 49, and the first paragraph is deleted.
Article 55 is renumbered as article 52, and "international shipping agent" in item 2 is deleted.
Nine, delete the fourth paragraph of article thirty-fifth of the Regulations on the Administration of Publishing.
X article 23 of the detailed rules for the implementation of the law of People's Republic of China (PRC) on tax collection and management is amended as: "taxpayers with small scale of production and operation who are really unable to establish accounts may employ professional institutions or accountants who are approved to engage in accounting agency bookkeeping business to establish accounts and handle accounts on their behalf."
Delete "approved by the tax authorities" in the first paragraph of Article 30.
Eleven, delete the second paragraph of article twenty-fifth of the "Regulations of People's Republic of China (PRC) on Chinese-foreign Cooperation in Running Schools".
Paragraph 2 of Article 43 is amended as: "Where a Chinese-foreign cooperatively-run school changes its domicile or legal representative, it shall be approved by the examination and approval authority and go through the corresponding change procedures. Any change in the principal or principal administrative officer of a Chinese-foreign cooperatively-run school shall be handled in a timely manner. "
12. Amend Article 19 of the Regulations on the Administration of Grain Circulation to read: "Establish a grain sales quality inspection system. A grain storage enterprise shall, before leaving the warehouse, identify the aged grain that exceeds the normal storage life through a grain quality inspection institution. It is strictly forbidden for any deteriorated and non-conforming food to flow into the ration market. The standards for the identification of aged grain shall be formulated by the state grain administration department in conjunction with relevant departments, and the specific measures for the sale, handling and supervision of aged grain shall be implemented in accordance with relevant state regulations. "
Paragraph 2 of Article 45 is amended as: "Whoever resells aged grain or does not use aged grain in accordance with the regulations shall be confiscated by the administrative department for industry and commerce, and shall be fined not more than 20% of the value of illegally reselling grain; If the circumstances are serious, the administrative department for industry and commerce shall impose a fine of more than/kloc-0 and less than 5 times the value of illegally reselling grain, and revoke its business license; If it constitutes a crime, criminal responsibility shall be investigated according to law. "
Thirteen, delete "and performance brokerage institutions" in the first paragraph of Article 9 of the Regulations on the Administration of Commercial Performances.
Paragraph 3 of Article 12 is amended as: "Where a performance brokerage institution or a performance venue business unit is established in accordance with the provisions of this Article, the examination and approval procedures shall be handled in accordance with the provisions of Paragraph 3 of Article 11 of these Regulations."
The first paragraph of Article 16 is amended as: "To hold a commercial performance with the participation of foreign literary and artistic performance groups and individuals, the performance organizer shall apply to the competent cultural department of the people's government of the province, autonomous region or municipality directly under the Central Government where the performance is located."
Fourteen, the first paragraph of Article 51 of the Regulations on Land Requisition Compensation and Resettlement for Large and Medium-sized Water Conservancy and Hydropower Projects is amended as: "The state shall supervise and evaluate the resettlement in the whole process. The local people's government and the project legal person who signed the resettlement agreement shall adopt the method of bidding, and entrust the resettlement supervision and evaluation unit to supervise and evaluate the resettlement progress, resettlement quality, resettlement fund allocation and use, and the recovery of resettlement living standards; The entrusted party shall promptly report the supervision and evaluation to the entrusting party. "
Fifteen, delete the first paragraph of article forty-third of the Regulations on the Administration of Futures Trading.
16. Amend Article 39 of the People's Republic of China (PRC) Seafarers' Regulations to read: "An institution that engages in relevant procedures such as applying for training, examinations and certificates (including seafarers' certificates of foreign nationality) as an agent for seafarers' employers to manage seafarers' affairs and provide seafarers with manning services shall meet the following conditions:
"(a) a legal person established in People's Republic of China (PRC) according to law;
"(2) Having two or more managers with the qualifications of officers;
"(three) there is a crew service management system in accordance with the provisions of the the State Council Municipal Bureau of Transportation;
"(4) Having the service ability suitable for the business it is engaged in."
The first paragraph of Article 40 is amended as: "An institution engaged in ship crew service shall submit a written application to the maritime administrative agency, and attach the certification materials that meet the conditions stipulated in Article 39 of these Regulations."
The "crew service organization" in the first paragraph of Article 41 is amended as "organization engaged in crew service business of inland river ships and ocean-going ships (hereinafter referred to as crew service organization)".
The "crew service business license" in Article 47 is amended as "crew service business license for ocean ships".
The "crew service" in Article 63 is amended as "ship crew service".
The term "crew service organization" in Article 67 is amended as "ocean-going ship crew service organization".
Seventeen. Article 27 of the Hydrological Regulations of People's Republic of China (PRC) is amended as: "Hydrological monitoring data used in important planning, key project construction and water resources management shall be complete, reliable and consistent."
Delete the second paragraph of Article 41.
Eighteen, the "sports department of the people's government at or above the county level" in Article 32 of the "National Fitness Regulations" is amended as "sports department of the local people's government at or above the county level".
Nineteen. Article 29 of the Regulations on the Management of Prevention and Control of Marine Environment Pollution by Ships is amended as: "The places where ships are built and dismantled on water shall conform to the environmental function zoning and marine function zoning."
Delete the third paragraph of article 53.
Twenty, the first paragraph of Article 5 of the Regulations on the Administration of Registration of Permanent Representative Offices of Foreign Enterprises is amended as: "The administrative departments for industry and commerce of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are the administrative organs for registration of representative offices (hereinafter referred to as the registration organs)."
Twenty-one, the "coal production license" in Article 4 and Article 14 of the "Regulations on the Administration of Township Coal Mines" is amended as "safety production license".
Twenty-two, the "coal production license" in Article 37 and Article 43 of the "Regulations on Coal Mine Safety Supervision" is amended as "safety production license".
Delete "coal production license" in Article 47.
Twenty-three, Article 4 of the Regulations on Safety Production License is amended as: "The competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the issuance and management of safety production licenses for construction enterprises, and accept the guidance and supervision of the competent construction departments of the State Council."
Delete "before applying for a coal production license" in the second paragraph of Article 7.
Twenty-four, delete the second, third and fourth paragraphs of Article 12 of the Regulations for the Implementation of the People's Republic of China (PRC) Import and Export Commodity Inspection Law.
Delete "designated by the General Administration of Quality Supervision, Inspection and Quarantine" in the first and second paragraphs of Article 22.
Delete Articles 33 and 34.
Thirty-ninth is changed to thirty-seventh, and "personnel qualification" is deleted.
Article 43 is renumbered as Article 41, and the phrase "the applicant for the certificate of origin shall obtain the registration of the entry-exit inspection and quarantine institution according to law" in the first paragraph is deleted.
Article 48 is renumbered as Article 46, and the words "if the circumstances are serious, its registration and qualification for inspection shall be revoked" in paragraphs 1 and 3 are deleted.
Article 52 is renumbered as Article 50, and "cosmetics" is deleted.
Article 58 is renumbered as Article 56, which is amended as: "If an inspection and quarantine enterprise or an entry-exit express delivery enterprise violates the relevant provisions of the state and disrupts the inspection and quarantine order, the entry-exit inspection and quarantine institution shall order it to make corrections, confiscate its illegal income, and may impose a fine of not more than 654.38 million yuan, and the AQSIQ or the entry-exit inspection and quarantine institution may suspend its inspection and quarantine business within six months."
Twenty-five, delete the "coal production license" in the first paragraph of Article 5, the first paragraph of Article 6, the fourteenth paragraph of Article 8 and the first paragraph of Article 11 of the Special Provisions of the State Council on the Prevention of Coal Mine Production Safety Accidents.
Delete "and coal production license" in Item 13 of Paragraph 2 of Article 8.
In addition, the order of relevant administrative regulations has been adjusted accordingly.