Decision of Jiangxi Provincial People's Government on Abolishing 3 pieces and amending 1 1 pieces of provincial government regulations

First, the abolition of 3 provincial government regulations

(1) Measures for Inspecting Major Construction Projects in Jiangxi Province (promulgated by DecreeNo. 10 in 2004). Jiangxi Provincial People's Government on August 20, 2008 169).

(II) Regulations on Supervision of Urban Construction Management in Jiangxi Province (promulgated by Decree No.67 of Jiangxi Provincial People's Government on February 65, 20 19 and revised by Decree No.216 of Jiangxi Provincial People's Government on February 65, 20 15).

(3) Measures for Land Registration in Jiangxi Province (promulgated by DecreeNo. 10 in 2004). Jiangxi Provincial People's Government on April 9, 2002 1 10). Two, some provisions of the 1 1 provincial government regulations shall be amended.

(1) Measures for the Clearance of Civil Airports and the Protection of Civil Aviation Electromagnetic Environment in Jiangxi Province.

1. Paragraph 3 of Article 4 is amended as: "People's governments at or above the county level and their relevant departments of development and reform, housing and urban and rural construction, natural resources, ecological environment, public safety and emergency management, as well as competent meteorological departments, radio management agencies, flight control agencies and civil aviation radio management agencies shall, according to their respective functions and duties, do a good job in clearing civil airports and protecting the electromagnetic environment of civil aviation."

2. Article 6 is amended as: "The airport management agency shall, jointly with the civil aviation management agency and the natural resources department of the people's government of the city where the civil airport is located, prepare the clearance map of the civil airport in accordance with the relevant provisions of the state, submit it to the civil aviation department of the State Council for approval, and send a copy to the natural resources department and meteorological department of the people's government at or above the county level in the clearance environmental protection area of the civil airport."

3. Article 7 is amended as: "The local radio management organization where the civil airport is located shall, jointly with the regional civil aviation management organization, determine the electromagnetic environment protection area of the civil airport in accordance with the relevant provisions and standards of national radio management, and announce it to the public.

"The electromagnetic environment protection area of civil airport includes the electromagnetic environment protection area of civil aviation radio station (station) and the electromagnetic environment protection area of civil airport flight area set in the overall planning area of civil airport."

4. Amend the "planning, land and resources management department" in Article 8 to "natural resources management department".

5 fourteenth, twenty-first in the "planning administrative departments" to "natural resources department".

6. Article 22 is amended as: "When the special frequency of civil aviation radio is disturbed, the airport management agency and the civil aviation management department shall immediately take investigation measures to eliminate it in time; If it cannot be eliminated, it shall notify the radio management agency where the civil airport is located. The radio management agency that received the notification shall take measures to investigate and deal with it according to law. "

7. Twenty-fourth in the "administrative department of environmental protection of the people's governments at or above the county level" is amended as "administrative department of ecological environment at or above the county level".

8. The "safety production supervision and management department" in Article 25 is amended as "emergency management department".

9. Amend the "administrative sanction" in Article 27 to "punishment".

(2) Regulations on Safety Management of High-speed Railways in Jiangxi Province.

1. Paragraph 2 of Article 6 is amended as: "The competent departments of development and reform, industry and informatization, natural resources, transportation, forestry, housing and urban and rural construction, ecological environment, education, water administration, emergency management, etc. shall, according to their respective responsibilities, do a good job in the safety management of high-speed railways."

2. The "competent department of land and resources" in the second paragraph of Article 18 is amended as "competent department of natural resources".

3. In Article 23, "the competent department of environmental protection of the people's government at or above the county level" is amended as "the competent department of ecological environment at or above the county level" and "the competent department of environmental protection" is amended as "the competent department of ecological environment".

(3) Measures for the Protection and Management of Memorial Facilities for Heroes and Martyrs in Jiangxi Province.

The "land resources" in the third paragraph of Article 5 is amended as "natural resources".

(4) Measures for the Administration of Administrative Law Enforcement Certificates in Jiangxi Province.

1. One article is added as Article 4: "The people's governments at or above the county level shall confirm the qualifications of administrative organs as the subject of administrative law enforcement within their respective administrative areas according to law, and make an announcement to the public."

2. Amend the "administrative department" in the fifth paragraph of Article 4 to "competent department".

3. Articles 4, 5 (1), 6, 7, 3, 8 (1), 2, 9, 10, 11, 12, 15, 16 (1), 17, 19 (1), 19 (2), 20 and 22 are referred to as

4. Paragraph 2 of Article 10 is amended as: "The staff engaged in administrative law enforcement supervision in the departments responsible for administrative law enforcement supervision of the people's governments at or above the county level shall directly apply for the administrative law enforcement supervision certificate from their departments."

5 eleventh in the "seventh, eighth" to "eighth, ninth".

6. Article 21 is amended as: "If an administrative law enforcement organ has any of the following circumstances, the people's government at or above the corresponding level or the department in charge of administrative law enforcement supervision of the people's government at the next higher level shall order it to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished by the superior competent department or the supervisory organ according to law:

"(a) the application materials are fraudulent;

"(two) forged or altered administrative law enforcement certificates;

"(three) failing to recover and hand in the administrative law enforcement certificates in accordance with the provisions of Article seventeenth and Article twenty-first of these measures;

"(four) other acts in violation of the provisions on the administration of administrative law enforcement certificates."

(5) Measures for the Management of Gas in Jiangxi Province.

1. Article 4 The construction administrative department shall be changed to the competent department of housing and urban and rural construction, the public security fire control institution shall be changed to the fire rescue institution, the quality and technical supervision department shall be changed to the market supervision and management department, and the safety production supervision and management department shall be changed to the emergency management department.

2. Amend the "administrative department of construction" in Article 9 to "administrative department of housing and urban and rural construction".

3. The "quality and technical supervision department" in the second paragraph of Article 28 is amended as "market supervision and management department".

4. The "price" in the second paragraph of Article 32 is amended as "market supervision and management".

5. The "administrative punishment" in Article 48 is amended as "punishment".

(six) the measures for the implementation of the expropriation and compensation of houses on state-owned land in Jiangxi Province.

1. Paragraph 2 of Article 5 is amended as: "The development and reform, finance, natural resources, housing and urban and rural construction, real estate management and other relevant departments of the people's governments of cities and counties (cities, districts) divided into districts shall cooperate with each other in accordance with the provisions of these Measures and the division of responsibilities to ensure the smooth progress of housing expropriation and compensation."

2. Amend the "land resources" in the second paragraph of Article 7 to "natural resources".

3. Amend "urban and rural planning" in Article 10 to "natural resources".

4. Paragraph 2 of Article 11 is amended as: "The house expropriation department shall notify the natural resources, real estate management, market supervision and management, taxation, public security and other relevant departments at the same level in writing about the matters listed in the preceding paragraph to suspend the relevant procedures. The written notice of suspension of relevant procedures shall specify the suspension matters and the suspension period. The suspension period shall not exceed 1 year from the date of announcement. "

5 will be twelfth in the third paragraph of the "land resources, urban and rural planning" to "natural resources".

6. Paragraph 1 of Article 14 is amended as: "The people's governments of cities and counties (cities, districts) divided into districts shall organize relevant departments such as development and reform, finance, natural resources, housing and urban and rural construction, real estate management, etc. to demonstrate the compensation scheme for expropriation, and publish the demonstrated compensation scheme within the scope of expropriation, and solicit public opinions, and the period for soliciting opinions shall not be less than 30 days."

7 will be twentieth in the second paragraph of the "housing and urban and rural construction" to "housing and urban and rural construction".

(7) Measures for the Implementation of Urban Appearance and Environmental Sanitation Management in Jiangxi Province.

1. Paragraph 1 of Article 3 is amended as: "The competent department of housing and urban and rural construction of the provincial people's government is responsible for the management of city appearance and environmental sanitation in the whole province."

2. The "administrative department" in the second paragraph of Article 9, Article 10, Article 12, Paragraph 2, Article 13, Article 16, Paragraph 1, Article 17, Article 19, Article 22, Article 31, Article 33, Article 34, Article 35, Article 37, Article 38 and Article 39, Paragraph 1 is amended as "competent department".

3. Amend "urban construction" in Article 10 to "urban management".

4. Article 29 is amended as: "Wastes with viruses, germs or other toxic and harmful substances produced by scientific research units, medical units, biological products factories and slaughterhouses shall be registered with the competent department of ecology and environment, and shall be treated, sealed up, removed, buried or burned at designated places in a timely manner in accordance with relevant regulations. Wastes containing radioactive substances must be registered with the provincial ecological and environmental authorities and disposed of at their designated places. It is strictly forbidden to mix other wastes or dispose of them by yourself. "

5. Article 32 is amended as: "Except for special needs such as teaching and scientific research, all livestock and poultry such as chickens, ducks, geese, rabbits, sheep and pigs are raised within the urban area of a city established according to the administrative system of the state, and the competent department of city appearance and environmental sanitation or the unit entrusted by it shall order them to deal with them within a time limit or confiscate them, and may also impose a fine of more than 50 yuan 10 yuan."

6. Article 34 is amended as: "Buildings and facilities that do not meet the standards of city appearance and environmental sanitation shall be ordered by the competent department of city appearance and environmental sanitation in conjunction with the competent department of natural resources to be rebuilt or demolished within a time limit."

7. Amend the second paragraph of Article 39 to read: "Where the competent department of city appearance and environmental sanitation and its entrusted units collect fees in violation of regulations, the market supervision and administration department of the people's government at or above the county level shall order them to return the collected fees and deal with them according to law; The main responsible person shall be punished according to relevant procedures. "

8. Amend "administrative punishment" in Article 41 to "punishment" and "violation of criminal law" to "constitute a crime".

9. The "Provincial Price Bureau" in Article 44 is amended as "Provincial Development and Reform Commission".

(8) Measures for the Administration of Urban Greening in Jiangxi Province.

1. The "administrative department" in Articles 4, 6, 7, paragraph 2, 10, 11, 19, paragraph 2, 24, 26 and 30 is changed to "competent department".

2. The "competent department of urban and rural planning administration" in the first paragraph of Article 7 is amended as "competent department of natural resources".

3. Article 13 is amended as: "The design of urban greening projects shall be undertaken by design units that have obtained corresponding qualification certificates according to law."

4. Article 16 is amended as: "If it is really necessary to occupy the green space determined by the urban planning due to the adjustment of the urban planning, the competent department of natural resources shall formulate an adjustment plan, which shall be submitted to the original planning approval department for approval after being approved by the competent department of greening of the urban people's government."

5. Amend the first paragraph of Article 17 to read: "If it is necessary to occupy the green space within 1000 square meters due to special reasons, it must be approved by the greening department of the local city people's government; If it exceeds 1 1,000 square meters, it must be reported to the Municipal People's Government for approval. "

6. Article 18 is amended as: "To set up commercial and service stalls in urban public green space, one shall hold a business license approved by the market supervision and management department, engage in business activities in the place and scope designated by the public green space management unit, and abide by the relevant provisions on public green space and market supervision and management."

7. Amend the first paragraph of Article 19 to read: "Strictly control the felling or transplanting of urban trees. Any tree in the city, regardless of its ownership, needs to be cut down or transplanted, and it must be approved according to the following provisions before it can be cut down or transplanted:

"(a) a felling or transplanting 10 meters below trees, 10 meters below shrubs or hedges, shall be approved by the competent department of greening of the city people's government;

"(2) Those exceeding the limit specified in Item (1) shall be examined by the competent greening department of the city people's government and reported to the municipal people's government for approval."

8. Article 20 is amended as: "The competent department of natural resources shall strictly protect trees when examining and approving the demarcation of building red lines. New buildings and structures should keep a distance of more than 4 meters from the trunk of trees to ensure that the growth of trees is not affected. If it is really necessary to cut down or transfer trees, it shall be approved by the competent department of greening of the city people's government in advance, and then the building red line shall be delineated. "

9. Article 25 is amended as: "Whoever cuts down or transplants urban trees without approval shall be ordered to stop the infringement and compensate for the losses, and may be fined less than 2 times the amount of compensation; Unauthorized felling, migration of ancient and famous trees or damage or death of ancient and famous trees due to poor maintenance may be fined less than 3 times the amount of compensation; Should be given administrative penalties for public security, shall be punished in accordance with the relevant provisions of the "People's Republic of China (PRC) Public Security Administration Punishment Law"; If it constitutes a crime, criminal responsibility shall be investigated according to law. "

10. Article 28 is amended as: "For commercial and service stalls that are not managed by public green space management units, the greening department of the urban people's government shall give a warning and may impose a fine of 10 yuan to 100 yuan; If the circumstances are serious, you may request the market supervision and management department to revoke its business license. "

1 1. Amend "administrative punishment" in Article 30 to "punishment".

(9) Measures to save energy in civil buildings and promote the development of green buildings in Jiangxi Province.

1. Add the words "construction authorities" in Article 4, Paragraph 1, Article 5, Paragraph 2, Article 7, Paragraph 2, Article 17, Paragraph 4, Article 22, Paragraph 1, Article 29, Paragraph 2, Article 34, Article 35, Article 36, Article 37 and Article 38.

2. Paragraph 2 of Article 4 is amended as: "The departments of development and reform, industry and information technology, finance, natural resources, housing management, government affairs management and taxation of the people's governments at or above the county level shall, according to their respective functions and duties, do a good job in energy conservation of civil buildings and the development of green buildings."

3. Amend the "competent department of urban and rural planning" in Article 11 to "competent department of natural resources".

4. Article 12 is amended as: "When transferring, leasing or allocating land, the competent department of natural resources of the people's government at or above the county level shall incorporate the requirements of energy-saving, water-saving, land-saving and material-saving civil buildings and green buildings determined by the planning conditions of construction land into the contract for transferring the right to use state-owned construction land or the decision on allocating state-owned construction land."

(ten) measures for the implementation of the "Regulations" for the placement of retired soldiers in Jiangxi province.

1. Delete "the leading group for the resettlement of retired soldiers is responsible for coordinating and solving major problems in the resettlement of retired soldiers within their respective administrative areas" in the second paragraph of Article 4.

2. Amend "agriculture" in the third paragraph of Article 4 to "agriculture and rural areas" and "industry and commerce" to "market supervision and management".

3. Article 33 is amended as: "The social insurance and medical insurance departments and agencies of the people's governments at or above the county level shall provide relevant laws, regulations and policy consulting services for retired soldiers, cooperate with the military military insurance management department, and timely handle the procedures for connecting social insurance and medical insurance for retired soldiers."

(eleven) measures for the administration of administrative licensing projects in Jiangxi province.

1. Delete the second and fourth paragraphs of Article 4.

2. The "legal institution" in the third paragraph of Article 4, the second paragraph of Article 8, the second paragraph of Article 9, the first paragraph of Article 10 and the second paragraph of Article 12 shall be changed to "judicial administrative department".

3 delete the "organization" in the first paragraph of Article 12 and change the "legal department" to "judicial administrative department".

In addition, the order of relevant provincial government rules and regulations should be adjusted accordingly.