Decision of Jiangxi Provincial People's Government on Abolishing and Amending Some Provincial Government Regulations

I. Abolishing 13 provincial government regulations

(1) Measures for Prevention and Control of Drinking Water Source Pollution in Jiangxi Province (promulgated by provincial government decree No.2001), revised by provincial government decree No.202 on June 3, 2006 148.

(2) Measures for the Administration of Organization Codes in Jiangxi Province (1promulgated by Decree No.75 of the provincial government on March 27th, 998).

(3) Measures for the Administration of Waterway Transportation in Jiangxi Province (promulgated by Gan Fu Fa [1988] 15 in February 2065438 1988, and revised by Provincial Government Decree No.63 on February 63, 2065438)

(4) Measures for the Administration of the Use of Development Funds for Vegetable Fields and Intensive Fish Ponds in Jiangxi Province (promulgated by Decree No.7 of the provincial government 199 1 on February 5, and revised by Decree No.64 of the provincial government 1998).

(V) Implementation Measures for the Collection and Management of Mineral Resources Compensation Fees in Jiangxi Province (promulgated by Decree No.35 of the provincial government on September 2, 2004, revised by Decree No.63 of the provincial government on February 2, 2004, and revised by Decree No.34 of February 2004).

(6) Measures for the Administration of Bidding for Key Construction Projects in Jiangxi Province (1issued by the provincial government in order No.20165438 on October 20th).

(7) Regulations on Quality Management of Infrastructure Construction Projects in Jiangxi Province (promulgated by Decree No.90 of the provincial government on August 2nd, 1999).

(8) Interim Measures for the Approval of Enterprise Investment Projects in Jiangxi Province (promulgated by DecreeNo. 10 in 2004). 145 provincial government in April 2006 14).

(9) Measures for Filing Enterprise Investment Projects in Jiangxi Province (promulgated by DecreeNo. 10 in 2004) 146 Provincial Government, April, 2006 14).

(10) Organization Measures for Rationalization Suggestions and Technological Improvement Activities in Jiangxi Province (promulgated by DecreeNo. 10 in 1998). 1April 7, 993 provincial government 2 1).

(1 1) Trial Measures for Dog Breeding Management in Jiangxi Province (promulgated by Gan Fu Fa [1987] No.71,revised by provincial government decree No.57 on August 27th, 2007, and provincial government decreeNo.1on June 30th, 2004).

(12) Regulations on Resettlement of Flooded Land in Jiangxi Province (promulgated by provincial government decree 102 on February 29, 2000, revised by provincial government decree 134 on June 30, 2004, and provincial government decree 1638 on June 30, 2000)

(XIII) Measures for the Administration of Jiujiang Development Zone in Jiangxi Province (promulgated by Decree No.54 of the provincial government on June 2004 1997 and revised by Decree No.54 of the provincial government on June 30, 2004). Two, some provisions of the 1 1 provincial government regulations shall be amended.

(1) Measures for Plant Quarantine in Jiangxi Province.

Article 14 is amended as: "No unit or individual may conduct research on plant quarantine objects in non-epidemic areas. If it really needs to be carried out in a non-epidemic area due to special needs such as teaching and scientific research, it shall be implemented in accordance with the regulations of the competent agricultural department and the competent forestry department of the State Council. "

(2) Measures for the Administration of Grain Purchase Qualification License in Jiangxi Province.

1. Article 6 is amended as: "Enterprises engaged in grain purchasing activities shall go through industrial and commercial registration in accordance with the Regulations of the People's Republic of China on the Administration of Company Registration, and obtain the qualification of grain purchasing after being approved by the administrative department of grain at or above the county level."

2. Paragraph 1 of Article 7 is amended as: "An enterprise engaged in grain purchasing activities shall meet the following conditions when applying for grain purchasing qualification license:"

3. Delete Article 8.

4. Article 9 is amended as: "An enterprise engaged in grain purchasing activities shall submit a written application to the administrative department for grain at the same level of the administrative department for industry and commerce that handles industrial and commercial registration according to law. After examination, it meets the requirements and obtains the qualification license for grain purchase. "

5. Article 10 is amended as: "When an enterprise engaged in grain purchasing activities applies for grain purchasing qualification, it shall submit the following materials to the administrative department of grain:

"(a) the grain purchase qualification application form;

"(two) the identity certificate of the legal representative (person in charge);

"(three) a copy of the business license;

"(four) proof of the ability to raise funds for grain purchase;

"(five) storage facilities and equipment, quality inspection instruments, measuring instruments and other supporting materials;

"(6) Certification materials of warehousing and quality inspection personnel."

6. Delete Article 11.

7. Paragraph 1 of Article 16 is amended as: "The administrative department of grain shall supervise and inspect the following acts of enterprises engaged in grain purchasing activities according to law:"

(3) Measures for the Supervision and Administration of Timber Transportation in Jiangxi Province.

1. Article 6 is amended as: "To apply for a timber transportation license, relevant materials shall be submitted in accordance with the following provisions:

"(a) the timber produced by timber producers, with forest cutting license and forest plant quarantine certificate, must also provide a list of inspection and measurement of raw materials.

"(two) management and processing of wood, with the timber cutting license or transport license, forest plant quarantine certificate acquisition.

"(three) non key protected trees (including trees from the mountains to the nursery), with the forest cutting license and forest plant quarantine certificate.

"(four) wild plants and their products that belong to the national first-class, second-class and provincial key protection, with the forest plant quarantine certificate and wild plant collection certificate.

"(five) nursery autotrophic green seedlings, with forest plant quarantine certificate, forest seed production and operation license, forest seed quality inspection certificate and label.

"(six) scattered trees in front of the house and behind the house owned by rural residents and individuals shall be proved by the local forestry workstation.

"(seven) imported wood, with the inspection and quarantine certificate issued by the entry-exit inspection and quarantine institutions.

(eight) the auction or sale of timber confiscated according to law shall be based on the forest plant quarantine certificate, the decision on administrative punishment or the legal documents of the judicial organs.

2. Article 7 is amended as: "The competent forestry department of the people's government at or above the county level shall examine the certification materials submitted by the applicant according to law. In accordance with the provisions of the preceding article, a transport certificate shall be issued on the spot; If it does not meet the provisions of the preceding article, it shall not be issued, and the applicant shall be notified in writing on the spot or within 3 days and the reasons shall be informed. "

3. Article 10 is amended as: "The competent forestry authorities of the people's governments at or above the county level shall be responsible for the supervision and administration of timber transport certificates within their respective administrative areas. The timber transportation certificate shall be issued by the competent forestry department of the people's government at or above the county level, and the timber transportation certificate of the style specified by the competent forestry department of the State Council shall be used. "

(4) Measures for Protection of Civil Airport Clearance and Civil Aviation Electromagnetic Environment in Jiangxi Province.

1. Article 21 is amended as: "The planning administrative department of the people's government at or above the county level, radio management institutions and other units shall build buildings, electrified railways, expressways, high-voltage transmission lines and communication cables in the electromagnetic environment protection zone of civil airports, and install equipment and facilities that generate electromagnetic radiation. Those that may affect the safety of civil aviation special frequencies shall be examined and approved in accordance with the relevant provisions of the state radio management after consulting the civil aviation management institutions where the civil airports are located."

2. Article 24 is amended as: "Whoever, in violation of the provisions of Item (8) of Paragraph 1 of Article 10 of these Measures, burns straw, garbage, fallen leaves and other substances that produce smoke pollution in the open air in the clearance protection area of civil airports shall be punished by the competent administrative department of environmental protection of the local people's government at or above the county level in accordance with the relevant provisions of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC)."

(5) Regulations on the Administration of Ship Construction, Supervision and Inspection in Jiangxi Province.

Article 27 is amended as: "The inspection fees for ships, marine products and facilities shall be implemented in accordance with relevant state regulations."

(6) Measures for the Prevention of Lightning Disaster in Jiangxi Province.

1, Article 12 is amended as: "Units engaged in the detection of lightning protection devices shall obtain qualification certificates issued by provincial meteorological authorities according to law, and undertake the corresponding detection of lightning protection devices according to their qualification levels. It is forbidden to engage in lightning protection device detection without qualification or beyond the scope of qualification.

"Units engaged in the detection of lightning protection devices for electric power and communication shall obtain qualification certificates issued by the competent meteorological department of the State Council, the competent electric power department of the State Council or the competent communication department of the State Council according to law.

"Professional and technical personnel engaged in lightning protection device detection shall pass the lightning protection device detection ability (level) examination organized by the Provincial Meteorological Society."

2. Article 13 is amended as: "Units that have obtained the qualification of lightning protection device detection outside the province shall accept the supervision and management of the competent meteorological department where the lightning protection device is located if they enter the administrative area of this province to engage in lightning protection detection."

3. Article 14 is amended as: "Flammable and explosive construction projects and places such as oil depots, gas depots, ammunition depots, chemical warehouses, fireworks and firecrackers, petrochemicals, places where lightning protection devices need to be installed separately such as buildings and facilities put into use in mining areas, tourist attractions or lightning-prone areas, and large-scale projects with high lightning risk and no lightning protection standards and norms, the competent meteorological departments at or above the county level shall be responsible for the design review of lightning protection devices. The competent meteorological departments at or above the county level shall, within three working days from the date of accepting the application submitted by the construction unit and the design documents of lightning protection devices, make an audit decision, and issue the Approval Letter for Lightning Protection Device Design for the design that meets the lightning protection standards; Do not meet the lightning protection standards, issued by the "lightning protection device design amendments", the construction unit should be modified in accordance with the amendments.

"Unauthorized design of lightning protection devices shall not be delivered for construction."

4. Article 16 is amended as: "Flammable and explosive construction projects and sites such as oil depots, gas depots, ammunition depots, chemical warehouses, fireworks and firecrackers, petrochemicals, mining areas, tourist attractions or buildings, facilities and other places located in lightning-prone areas that require independent installation of lightning protection devices, as well as large-scale projects with high lightning risk and no lightning protection standards and specifications that require special demonstration, shall be completed and accepted by the competent meteorological departments at or above the county level. The competent meteorological departments at or above the county level shall make a decision on completion acceptance within ten working days from the date of accepting the application for acceptance of the construction unit. Acceptance, issued by the lightning protection device acceptance documents; If the acceptance is unqualified, the construction unit shall make rectification according to the requirements of the competent meteorological department.

"Lightning protection devices without acceptance or unqualified acceptance shall not be put into use."

5. Article 23 is amended as: "If the competent meteorological department and its staff engage in malpractices for personal gain, neglect their duties or abuse their powers when issuing the qualification certificate for lightning protection device detection, the relevant departments review the design of lightning protection devices and conduct the final acceptance of lightning protection devices, they shall be ordered to make corrections by their superior organs or supervisory organs; If the circumstances are serious, the relevant responsible personnel shall be punished according to law; If it constitutes a crime, criminal responsibility shall be investigated according to law. "

6. Article 24 is amended as: "Whoever, in violation of the provisions of Article 11 of these Measures, should install lightning protection devices and refuses to install them, the competent meteorological department at or above the county level or other relevant departments shall order it to make corrections according to their functions and powers, and may impose a fine of not more than 200 yuan on individuals and a fine of not less than 200 yuan but not more than 1,000 yuan on legal persons or other organizations."

7. Article 25 is amended as: "In violation of the provisions of Articles 14 and 16 of these Measures, lightning protection devices are designed without approval, or lightning protection devices are put into use without acceptance or unqualified acceptance, the competent meteorological departments at or above the county level or other relevant departments shall order them to make corrections according to their authority and give them a warning."

(7) Measures of Jiangxi Province for National Defense Information Mobilization.

1, Paragraph 1 of Article 6 is amended as: "The Provincial Information Mobilization Office shall perform the following duties under the leadership of the Provincial State Council and the guidance of the information mobilization business department of the Eastern Theater:

"(a) to implement the laws, regulations, rules, principles and policies related to the mobilization of national defense information, as well as the orders and instructions of the higher authorities, to prepare the plans, plans and schemes for the mobilization of national defense information in this province, and to formulate relevant working systems;

"(two) the organization of the province's national defense information mobilization potential survey;

"(three) to formulate the annual plan for the implementation of national defense requirements in the information infrastructure of this province, and coordinate and urge the relevant departments to implement it;

"(four) in accordance with the relevant provisions of the state, the formulation and implementation of the province's information equipment and materials reserve plan, specifically responsible for the mobilization and requisition of information equipment and materials;

"(five) the organization of the province's national defense information mobilization drills;

"(six) the organization of national defense information mobilization technology research and the popularization and application of its achievements;

"(seven) to organize the implementation of wartime national defense information mobilization and security work;

"(eight) to guide, supervise and inspect the mobilization of national defense information at lower levels;

"(9) Other duties related to national defense information mobilization."

2. The first paragraph of Article 16 is amended as: "Information mobilization offices at all levels and relevant government departments shall, in accordance with the relevant provisions of the state and the eastern theater, do a good job in implementing the national defense requirements of information infrastructure.

(8) Measures for the Employment of Disabled Persons in Jiangxi Province.

Article 1 is amended as: "In order to promote the employment of disabled persons and guarantee their labor rights, these Measures are formulated in accordance with the Law of the People's Republic of China on the Protection of Disabled Persons, the Regulations of the State Council on the Employment of Disabled Persons and the Regulations of Jiangxi Province on the Protection of Disabled Persons, combined with the actual situation of this province."

(nine) measures for the administration of water permit and water resource fee collection in Jiangxi Province.

1. Article 6 is amended as: "The water intake permit shall be examined and approved at different levels.

"(a) the following water by the water administrative department of the provincial people's government for approval and issuance of water permits:

"1, the daily water intake of inter-provincial border rivers is below the approval limit authorized by the water administrative department of the State Council and above 30,000 cubic meters;

"2, industrial and urban life daily access to surface water more than 65438+ billion cubic meters, large-scale irrigation areas cross-city access to surface water, reservoir design capacity of more than 65438+ billion cubic meters;

"3. To take groundwater, the daily water intake is more than 5,000 cubic meters or the annual designed water intake is more than 6,543,800 cubic meters (excluding the water intake of geothermal air conditioning projects), of which the daily water intake of mineral water and geothermal water is more than 2,000 cubic meters or the annual designed water intake is more than 400,000 cubic meters;

"4, the total installed capacity of hydropower stations is more than 60 thousand kilowatts, and the total installed capacity of thermal power (including biomass energy) is more than 300 thousand kilowatts;

"5, cross the administrative area of a city divided into districts or disputed waters between cities divided into districts.

"(II) The water intake authority of a construction project beyond the approval authority of the river basin management institution and the water administrative department of the provincial people's government shall be determined through consultation by the water administrative department of the people's government at the city or county level divided into districts and reported to the water administrative department of the provincial people's government for the record.

"(three) the water intake of geothermal air conditioning projects shall be examined and approved by the water administrative department of the municipal people's government at the county level and with districts.

"The water administrative department of the provincial people's government may, according to the water resources and water intake situation, adjust the hierarchical management authority of water intake permit approval and report it to the provincial people's government for the record."

2. Article 8 is amended as: "Water resources demonstration system shall be implemented for water intake of construction projects.

"Construction projects need water, the construction unit shall, in accordance with the provisions of the" Regulations on Water Resources in Jiangxi Province ",prepare a water resources demonstration report for construction projects in accordance with the basic requirements, or entrust relevant units to demonstrate water resources for their construction projects. Construction projects that have not completed the water resources demonstration work according to law shall not be started and put into use by the construction unit. "

(10) Measures for the Safety Management of Fireworks and Firecrackers in Jiangxi Province.

1. One paragraph is added as the third paragraph in Article 5: "Fireworks production and business operation entities shall set up video monitoring systems in dangerous goods production sites and general dangerous goods warehouses in accordance with the requirements of the national fireworks engineering design code, and strengthen daily safety management by using the video monitoring systems."

2. Delete the first paragraph of Article 22: "The safety production supervision and management department shall, jointly with relevant departments, carry out the operation and distribution of fireworks and firecrackers in accordance with the principle of' ensuring safety, reasonable layout and moderate competition'."

(eleven) the provisions of Jiangxi Province on the payment of wages.

1. One article is added as Article 37 after Article 36: "Establish a wage payment guarantee system according to the regulations of the State Council.

"Construction enterprises and employers listed as the key monitoring objects of wage payment shall implement the wage payment guarantee system. The wage payment deposit shall be stored in a special account and used for special purposes to ensure the wage payment of the employees of the employer. The specific measures shall be formulated by the provincial administrative department of human resources and social security in conjunction with relevant departments and implemented after being approved by the provincial people's government. "

2, the provisions of the "administrative department of labor security" to "administrative department of human resources and social security".

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

This decision shall come into force as of the date of promulgation.