Shanxi Province Funeral Management Measures Complete Edition
Chapter I General Provisions
Article 1 In order to strengthen funeral management, promote funeral reform and promote the construction of socialist spiritual civilization, these Measures are formulated in accordance with the relevant laws and regulations of the state and combined with the actual situation of this province.
Second units and individuals that hold funeral activities and engage in funeral services within the administrative region of this province shall abide by these measures.
Article 3 Funeral management shall follow the principles of gradually increasing cremation rate, saving funeral land, getting rid of funeral habits and advocating civilized and thrifty funeral management.
Article 4 People's governments at all levels shall incorporate funeral work into the overall planning of social reform, urban and rural construction and spiritual civilization construction, and keep pace with social progress and economic construction.
Fifth civil affairs departments at all levels are the competent departments in charge of funeral management, and are responsible for funeral management within their respective administrative areas.
Funeral management institutions at all levels are responsible for the daily work of funeral management under the leadership of the civil affairs departments at the same level.
Land, public security, industry and commerce, health, price, urban planning, technical supervision, environmental protection, ethnic and religious administrative departments at all levels shall do a good job in funeral management according to their respective responsibilities.
Article 6 The places where the people's governments of cities, counties and districts are located and the areas with dense population, less cultivated land and convenient transportation are cremation areas. Areas that do not have cremation conditions are burial reform areas.
The areas for cremation and burial reform shall be designated by the provincial people's government.
Article 7 Respect the funeral customs of ethnic minorities, and no organization or individual may interfere with their voluntary reform of funeral customs.
Chapter II Cremation Management
Article 8 After a citizen dies in a cremation area, all his remains shall be cremated.
The remains of people who died in different places shall be cremated on the spot. Because of special circumstances need to be transported out of the place of death, must be approved by the local funeral management agencies, and go through the formalities of transporting corpses.
Ninth normal cremation, should be submitted to the unit or the health administrative department of medical institutions issued by the death certificate; If the deceased had no fixed unit before his death, he shall submit the death certificate issued by the people's government of the township or town where he lives or the street office.
The cremation of the remains or nameless bodies of people who died abnormally shall be notified by the public security department at or above the county level.
Article 10 The storage time of remains shall not exceed 7 days. In case of death due to Class A infectious diseases, their relatives or units shall immediately report to the funeral management institution and the health and epidemic prevention department, disinfect immediately in accordance with the regulations, and cremate the remains within 24 hours. Those who do not have the conditions for cremation shall be buried two meters away from drinking water sources and residential areas.
If it is necessary to keep the remains due to special circumstances such as criminal investigation, it must be approved by the public security department at or above the county level.
Medical teaching and scientific research units need to use the remains for teaching and scientific research. After the relatives of the deceased and the unit using the remains agree, they shall go through the formalities at the civil affairs department at or above the county level. The expenses required for the preservation of the body shall be borne by the person who requests the preservation of the body.
Article 11 The transportation, preservation, cosmetic surgery, storage and cremation of remains shall be undertaken by funeral service units such as funeral parlours, and no other unit or individual may engage in funeral service business.
The medical units in the cremation area belong to the mortuary, and the relevant provisions on funeral management should be implemented.
Twelfth minority citizens who are allowed to be buried in the cremation area shall be buried at the place designated by the local civil affairs and ethnic and religious management departments after their death.
Article 13 The disposal of ashes shall respect the wishes of the deceased or the opinions of the deceased's family members, and may be handled by depositing, burying, scattering, planting trees or other ways that do not occupy or occupy less land.
It is forbidden to bury ashes in coffins.
If the ashes of a nameless corpse after cremation are unclaimed within three months, the funeral home will handle them by itself.
Chapter III Funeral Management
Fourteenth citizens in the reform area of burial can be buried after death, and those who voluntarily carry out cremation should be encouraged and supported, and no one else can interfere.
The local people's governments in the areas of burial reform should actively publicize and advocate funeral reform, create conditions to improve funeral service facilities, and gradually implement cremation.
Fifteenth people's governments at the county level in the reform area of burial shall rationally plan the land for burial.
Villagers' committees may establish public cemetery, implement cemetery burial, advocate deep burial without leaving graves, and prohibit mass burial.
Sixteenth prohibit the construction of graves in the following areas:
(1) Cultivated land and forest land;
(two) city parks, scenic spots and cultural relics protection areas;
(3) Near reservoirs, river dams and water source protection areas;
(four) on both sides of the railway and highway trunk lines.
The existing graves in the area specified in the preceding paragraph shall be preserved, except for cemeteries with historical, artistic and scientific value protected by the state, and the local people's government shall order them to move or bury them within a time limit without leaving graves.
Chapter IV Management of Funeral Facilities and Equipment
Article 17 the provincial civil affairs department shall, according to the planning and needs of funeral work in this province, put forward the quantity and layout planning of funeral facilities such as funeral parlours and cemeteries, and submit them to the provincial people's government for examination and approval.
The people's governments at or above the county level shall, according to the layout planning of the provincial civil affairs department, formulate plans for the construction, expansion and reconstruction of funeral parlours, cemeteries and other funeral service facilities, and incorporate them into the overall urban construction planning and urban construction planning.
Eighteenth the establishment of a funeral home should be based on the layout planning of the provincial civil affairs department, and the planning should be put forward by the people's government at the county level and the local municipal civil affairs department and reported to the local municipal people's government for approval.
The establishment of columbarium and funeral service station shall be examined and approved by the people's government at the county level and the local municipal civil affairs department.
Operating cemeteries shall be established by funeral institutions, and the application shall be submitted by the county-level civil affairs department, and shall be submitted to the provincial civil affairs department for examination and approval after being examined and approved by the local municipal civil affairs department.
The establishment of a foreign-funded cemetery shall be examined and approved in accordance with the relevant provisions of the state.
The establishment of rural public cemetery in the reform area of burial shall be proposed by the villagers' committee, approved by the people's governments of townships and towns, and reported to the civil affairs departments at the county level for examination and approval.
Without approval, no unit or individual may build funeral facilities without authorization.
Nineteenth cemetery construction should follow the following provisions:
(a) the green area accounts for more than 30% of the cemetery area;
(two) the single and double points of the ashes tomb shall not exceed 1 square meter;
(3) The single-hole tomb area of the remains shall not exceed 4 square meters, and the double-hole tomb area shall not exceed 6 square meters;
(four) planning and design should have cultural and artistic content.
The service life of operating cemetery graves shall not exceed 20 years in one cycle.
Twentieth ashes stored in cemeteries and ashes storage facilities, fees shall be paid in accordance with the provisions. Those who fail to pay within three months shall be treated as ownerless points.
Twenty-first cemeteries, acupoints and ashes storage spaces shall not be pre-sold, transferred, pyramid schemes and speculation.
Rural public cemetery shall not be provided to people other than villagers.
It is forbidden to engage in business activities by using public welfare cemeteries.
It is forbidden to establish or restore clan cemeteries.
Twenty-second cemeteries and ashes storage units are generally not allowed to set up offices across provinces. If it is really necessary to set up an office, it must be approved by the provincial civil affairs departments of the two places and accepted by the local civil affairs departments.
Twenty-third funeral service units should strengthen the management of funeral service facilities, update and transform old cremation equipment, and prevent environmental pollution.
Funeral service personnel shall abide by professional ethics and provide standardized, high-quality and convenient services.
Article 24 The production and sale of funeral vehicles, cold storage equipment for remains, cremation machines and other funeral equipment shall be reported to the Provincial Civil Affairs Department for approval step by step.
Twenty-fifth prohibit the manufacture and sale of funeral equipment that does not meet the mandatory national standards.
Twenty-sixth cremation area to transport the remains must use funeral vehicles; Vehicles transporting remains in the reform area of burial should be disinfected to prevent environmental pollution.
Chapter V Management of Funeral Activities and Funeral Supplies
Twenty-seventh funeral activities shall not interfere with public order, endanger public safety, and shall not infringe upon the legitimate rights and interests of others.
It is forbidden to park the remains, erect mourning halls, place wreaths and carry out condolence activities in public places in urban streets.
Twenty-eighth civil affairs departments at all levels should strengthen the guidance of the work of the Red and White Affairs Council. The reform of funeral customs should be incorporated into village regulations, residents' conventions and workers' conventions.
Twenty-ninth religious residents to hold religious ceremonies in funeral activities, should be held in places approved by the people's governments at or above the county level.
Thirtieth units and individuals that produce and sell funeral supplies must be registered by the administrative department for industry and commerce, and obtain the consent of the civil affairs departments at or above the county level.
It is forbidden to produce and sell paper men, paper horses, paper houses, coins and other feudal superstitious funeral supplies.
It is forbidden to produce and sell funeral supplies such as coffins in cremation areas.
Chapter VI Legal Liability
Thirty-first cremation area of the dead body is not cremated, the civil affairs department shall order it to make corrections; Those who refuse to make corrections shall be forcibly cremated by the civil affairs and public security departments at or above the county level, and the expenses shall be borne by the families of the deceased.
After compulsory cremation, the families of former employees of organs, enterprises and institutions do not enjoy funeral expenses, pension expenses, living allowances for survivors and difficult subsidies; Originally a rural villager, his family members shall not enjoy the relevant social welfare benefits in rural areas. The unit shall not be rated as a civilized unit or an advanced unit within one year.
Article 32 Whoever, in violation of the provisions of the second paragraph of Article 21 of these Measures, provides a cemetery for people other than villagers at the burial place shall be fined from 500 yuan to 65,438 yuan and from 65,438 yuan to 3,000 yuan.
Thirty-third in violation of the provisions of article sixteenth of these measures, the civil affairs department shall order it to make corrections within a time limit. Refuses to correct, can be forced to correct, and impose a fine of more than 65438 yuan but less than 0000 yuan on the family of the deceased in 500 yuan.
Thirty-fourth unauthorized construction of funeral facilities, shall be banned by the civil affairs departments at or above the county level in conjunction with the construction and land administrative departments, ordered to make restitution within a time limit, confiscate the illegal income, and impose a fine of 3000 yuan to 5000 yuan.
Article 35 Whoever, in violation of regulations, presales, transfers, pyramid schemes, speculates in buying and selling cemeteries, acupoints and ashes storage places, or engages in business activities by using public welfare cemeteries, shall be ordered by the civil affairs departments at or above the county level to stop the illegal acts, confiscate the illegal income, and impose a fine of not less than 1 times but not more than 3 times the illegal income. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 36 If funeral management and funeral service personnel neglect their duties, abuse their powers, take advantage of their work to engage in malpractices for personal gain, ask for or accept property, and make things difficult for the families of the deceased, they shall be given administrative sanctions by their units or the competent department at a higher level. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 37 Whoever produces or sells funeral equipment and funeral supplies that do not meet the mandatory national standards shall be ordered by the civil affairs department at or above the county level in conjunction with the technical supervision department to stop production and sales, confiscate the illegal income, and impose a fine of not less than 3 times the production and sales amount/kloc-0.
Article 38 Whoever produces or sells feudal superstitious funeral articles and coffins in the cremation area shall be ordered by the civil affairs department at or above the county level to stop production and sales, confiscate the illegal income and production tools, and impose a fine of not less than 3 times the production and sales amount/kloc-0.
Article 39 Where a medical unit in a cremation area delivers the remains of the deceased to a non-funeral vehicle for towing without authorization, the civil affairs department at or above the county level shall, jointly with the health and public security departments, impose a fine of 1000 to 3,000 yuan on the medical unit and the unit to which the vehicle belongs, and impose a fine of 1000 yuan on the person directly responsible and the driver respectively.
Article 40 Whoever refuses or obstructs the funeral management personnel from performing official duties according to law or insults or beats the management personnel shall be punished by the public security organ in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 41 The funeral and interment of citizens of Hongkong and Macao Special Administrative Regions, compatriots in Taiwan Province Province, overseas Chinese and foreigners shall be carried out in accordance with relevant state regulations.
Article 42 These Measures shall come into force as of the date of promulgation.
Measures for the supervision of funeral management
The Opinions require that local civil affairs departments should establish a charging standard for funeral services and a publicity system for funeral supplies prices. Funeral service units shall conscientiously implement the charging publicity system, announce the service items, charging standards, document basis, reduction and exemption policies, telephone hotlines, service processes and service specifications in a prominent position in the service places, and widely accept social supervision.
Local price departments should, jointly with the civil affairs departments, pay close attention to comprehensively cleaning up the charging policies for funeral services in the region, cancel unreasonable charging items, lower the high charging standards, and further standardize funeral services and charging behaviors. The re-formulated funeral service charging policy after local clean-up should be announced to the public.
The "Opinions" pointed out that local price authorities should be unblocked? 12358? Price reporting telephone, severely investigate and deal with arbitrary charges such as setting up charging items, raising charging standards, expanding charging scope, compulsory service and charging by funeral service units, and publicly expose typical cases with bad nature and serious circumstances.
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