Decision of the Standing Committee of Henan Provincial People's Congress on Amending Some Local Regulations

I. Amend the provisions in the following laws and regulations that are in conflict with the Constitution, laws and administrative regulations.

(a) to amend the provisions of the following laws and regulations that are inconsistent with the Constitution and the laws on expropriation and requisition.

1. The "requisition" in Article 27 of the Regulations on the Management of Water Conservancy Projects in Henan Province is changed to "expropriation".

2. Amend the "requisition" in Article 47 of the Regulations on the Administration of Urban Real Estate Development in Henan Province to "expropriation".

3. The "expropriation" in Chapter 4, Articles 6, 23, 24 (1), 25, 26 (1), 28, 29 and 32 (4) of the Regulations on the Protection and Management of Woodland in Henan Province is amended as "expropriation and requisition".

4. The "expropriation" in the second paragraph of Article 14 of the Measures for the Implementation of the Law of People's Republic of China (PRC) on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families is amended as "expropriation and requisition".

(two) to amend the provisions of the following laws and regulations that are in conflict with the local organization law, election law, supervision law and legislative law.

5. Delete the second paragraph of Article 18 of the Measures of the Standing Committee of Henan Provincial People's Congress for the Appointment and Removal of Staff of Local State Organs.

Thirty-seventh in the "five or more members of the Standing Committee of the provincial people's Congress jointly" is amended as "one fifth or more members of the Standing Committee of the provincial people's Congress jointly in writing".

6 by deleting "rules of procedure of Henan Provincial People's Congress" twenty-ninth.

Forty-first in the second and third paragraphs, "more than 30 representatives jointly" is amended as "more than one tenth of the representatives jointly".

7. Amend the third paragraph of Article 32 of the Measures of Henan Province for Implementing the Law of the People's Republic of China on Deputies to the National People's Congress and Local People's Congresses at All Levels to read: "Deputies to the people's congresses at the county level shall be jointly signed by more than 50 voters in the original electoral district, and deputies to the people's congresses at the township level shall be jointly signed by more than 30 voters in the original electoral district, and a written request for recall may be submitted to the Standing Committee of the people's congresses at the county level, which shall be passed by more than half of the voters in the original electoral district. The voting recall request shall be presided over by the Standing Committee of the county-level people's congress. "

(three) to amend the following laws and regulations in connection with the criminal law.

8 "in accordance with the provisions of Article 157 of the Criminal Law" in the third paragraph of Article 24 of the Measures for the Inspection of Representatives of People's Congresses at All Levels in Henan Province is amended as "in accordance with the provisions of the Criminal Law".

9. In the second paragraph of Article 31 of the Measures for the Implementation of the Law of People's Republic of China (PRC) on Assembly, Parade and Demonstration in Henan Province, "mutatis mutandis, the provisions of Article 163 of the Criminal Law" is amended as "in accordance with the provisions of the Criminal Law".

"In accordance with the provisions of Article 158 of the Criminal Law" in the third and fourth paragraphs of Article 31 is amended as "in accordance with the provisions of the Criminal Law".

In the fifth paragraph of Article 31, "in accordance with the provisions of Article 159 of the Criminal Law" is amended as "in accordance with the provisions of the Criminal Law".

10. In Article 37 of the Regulations on the Administration of Local Railways in Henan Province, "criminal responsibility shall be investigated in accordance with the relevant provisions of the Railway Law" is amended as "criminal responsibility shall be investigated in accordance with the provisions of the Criminal Law".

1 1. "In accordance with the provisions of Article 160 of the Criminal Law of People's Republic of China (PRC)" in Article 9 of the Regulations on the Prohibition of Prostitution and Whoring in Henan Province is amended as "in accordance with the provisions of the Criminal Law".

"In accordance with the provisions of Article 157 of the Criminal Law of People's Republic of China (PRC)" in Article 11 is amended as "in accordance with the provisions of the Criminal Law".

(4) Amend the Regulations on Administrative Penalties for Public Security cited in the following laws and regulations to the Law on Administrative Penalties for Public Security, the Regulations on Administrative Reconsideration to the Law on Administrative Reconsideration, the Urban Planning Law to the Urban and Rural Planning Law, and the Civil Procedure Law (for Trial Implementation) to the Civil Procedure Law, and delete the contents of the People's Republic of China (PRC) Technology Contract Law.

12. Article 21 of the Regulations of Henan Province on Militia Reserve Work.

13. Articles 45 and 46 of the Regulations on the Protection of the Elderly in Henan Province.

14. Article 12 and Article 22, paragraph 3 of the Regulations on Assessment of Urban People's Police in Henan Province.

15. Article 19 of the Regulations on the Administration of Public Security in Henan Province.

16. Article 35 of the Regulations on Letters and Calls in Henan Province.

17. Article 35 of the Regulations on Patriotic Health in Henan Province.

18. Article 43 of the Regulations on Population and Family Planning in Henan Province.

19. article 30, paragraph 1, and article 34 of the measures for the implementation of the law on assembly, procession and demonstration in People's Republic of China (PRC) province.

20. Nineteenth of the Regulations on Administrative Penalties for Public Security in the third paragraph of Article 24 of the Measures for the Inspection of Representatives of People's Congresses at All Levels in Henan Province is amended as the Law of People's Republic of China (PRC) on Administrative Punishment for Public Security.

2 1. Paragraph 3 of Article 33 of Regulations on Salt Industry Management in Henan Province.

"Regulations on the supervision and administration of commodity trading markets in Henan Province", article 22 and article 38.

"Regulations on the Administration of Local Railways in Henan Province", article 23, article 38.

24 "Henan province to implement the" People's Republic of China (PRC) forest law "approach" fiftieth, fifty-third.

Twenty-fifth "Henan province to implement the" People's Republic of China (PRC) wildlife protection law "approach" thirty-ninth.

Twentieth measures for the implementation of the "People's Republic of China (PRC) Civil Air Defense Law" in 26 Henan province.

Article 27 Paragraph 3 of Article 41 of the Regulations on the Administration of Tobacco Monopoly in Henan Province.

Article 28 Article 59 of the Regulations on Highway Management in Henan Province.

Twenty-nine "Henan province to implement the" People's Republic of China (PRC) soil and water conservation law "approach" thirty-third, thirty-fifth.

"Regulations on the protection and management of forest land in Henan Province" thirty-eighth.

3 1. Paragraph 2 of Article 30 of Regulations on Land Supervision in Henan Province.

Thirty-third "Regulations on the protection of basic farmland in Henan Province" 32.

Article 38 of the Regulations of Henan Province on Anti-unfair Competition.

34. Fifty-first "Regulations on Quality Management of Construction Projects in Henan Province".

Article 25 of the Regulations on the Supervision and Administration of Enterprise Burden in Henan Province.

36 "Henan province to stop unfair price behavior and profiteering regulations" seventeenth paragraph second.

37. Paragraph 2 of Article 37 of the Regulations on the Planning and Construction of Villages and Market Towns in Henan Province.

Thirty-sixth (eight) of the measures for the implementation of the compulsory education law of People's Republic of China (PRC) in Henan Province.

Thirty-eighth "Henan Province price supervision and inspection regulations" 39.

40. Articles 1 and 15, paragraph 1, of the Regulations on Prohibition of Prostitution and Whoring in Henan Province.

Ninth, eleventh will be "Regulations of the people's Republic of China on administrative penalties for public security" nineteenth amended as "People's Republic of China (PRC) Public Security Administration Punishment Law".

4 1. Articles 1 and 2, paragraph 2, of Regulations on Prohibition of Gambling in Henan Province.

Article 32 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security in Articles 12 and 13 is amended as the Law of People's Republic of China (PRC) on Administrative Punishment for Public Security.

Article 19 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security in Article 17 is amended as the Law of People's Republic of China (PRC) on Administrative Punishment for Public Security.

42. Articles 47 and 50 of the Regulations on the Protection of the Rights and Interests of Ethnic Minorities in Henan Province.

Article 44 of the Regulations of Henan Province on Maternal and Child Health Care.

44 "Henan patriotic health regulations" twenty-seventh.

Sixty-first "Regulations" of Henan province highway management 45.

Fortieth "Regulations on the Administration of Local Railways in Henan Province" 46.

47 "Regulations" of Henan province on the management of extra-budgetary funds twenty-fourth.

Forty-sixth "Regulations on the protection of the elderly in Henan Province" 48.

49. Article 1 of the Regulations on the Protection of Historical and Cultural Cities in Henan Province.

50 Henan province technology market regulations first, nineteenth.

5 1. Amend "Punishment in accordance with the Regulations of the State Council on Running Schools by Social Forces" in Article 29 of the Regulations on Chinese Medicine in Henan Province to "Punishment according to law".

(five) to amend the provisions of the following laws and regulations on administrative licensing.

52. Delete Item (1) of Article 20 of the Regulations on the Administration of Temporary Population in Henan Province.

Items (1) to (4) of Article 23 are amended as items (1) to (3).

Items (5) to (6) of Article 24 are amended as items (4) and (5).

53. Delete Articles 8 and 15 of the Regulations on the Administration of Public Security in Henan Province.

Delete the content of "issuing public security certificates and conducting annual inspection" in Item (1) of Article 13.

Delete the contents of "or revoke the public security certificate" in the first paragraph of Article 17 and the first paragraph of Article 18.

54 delete the content of "revocation of public security certificate" in Article 15 of the Regulations on Prohibition of Gambling in Henan Province.

(six) to amend the provisions of the following laws and regulations on administrative punishment.

Article 20 of the Regulations on Supervision of Labor Security in Henan Province is amended as: "If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary".

56. In article 45 of the Regulations on Legal Aid in Henan Province, "if the circumstances are serious, the punishment of stopping practicing for more than three months and less than one year" is amended as "if the circumstances are serious, the punishment of stopping practicing for more than one month and less than three months".

57. Delete the content of "without obtaining the qualification certificate of the property management enterprise" in Article 44 of the Regulations on Property Management in Henan Province, and add one paragraph as the second paragraph: "Those who engage in property management services without obtaining the qualification certificate of the property management enterprise shall be ordered to stop engaging in property management services, their illegal income shall be confiscated, and a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed".

58. In Article 29 of the Regulations on Energy Conservation in Henan Province, "a fine of more than 5,000 yuan and less than 30,000 yuan" is amended as "a fine of more than 50,000 yuan10,000 yuan".

59. Paragraph 2 of Article 29 of Several Provisions on Conscription in Henan Province is amended as: "If a citizen who has the obligation to perform military service refuses or evades conscription and refuses to change after education, the township (town) people's government and sub-district offices shall force him to perform his military service obligations and make him pay a compulsory payment equivalent to one to two times the three-year preferential treatment for a local conscript; Within two years, it is not allowed to apply for national civil servants or employees of state-owned enterprises, and it is not allowed to go abroad or pursue further studies; Temporary workers in state-owned and collective units shall be removed from the list; Employees of state organs, social organizations, enterprises and institutions shall be expelled from probation or expelled from public office. "

(seven) to amend the provisions on administrative reconsideration in the following laws and regulations.

60. Amend "within 15 days from the date of receiving the decision" in Article 35 of Several Provisions on Conscription Work in Henan Province to "within 60 days from the date of knowing the specific administrative act".

6 1. Amend "within 15 days from the date of receiving the punishment decision" in Article 26 of the Regulations on the Administration of Temporary Population in Henan Province to "within 60 days from the date of knowing the punishment decision", and amend "the reconsideration organ shall make a reconsideration decision within 30 days from the date of receiving the reconsideration application" in this article to "the reconsideration organ shall make a reconsideration decision within 60 days from the date of accepting the reconsideration application".

62 "within 15 days from the date of receiving the administrative decision" in Article 29 of the Regulations of Henan Province on Technology Market is amended as "within 60 days from the date of knowing the administrative decision".

63. The phrase "within 0/5 days from the date of receiving the penalty notice" in the first paragraph of Article 36 of the Measures for Implementing the People's Republic of China (PRC) Law on Soil and Water Conservation in Henan Province is changed to "within 60 days from the date of knowing the penalty decision"; In the first sentence of paragraph 2, the word "received" is changed to "accepted".

64. In Article 53 of the Regulations on the Administration of Assignment and Transfer of the Use Right of Urban State-owned Land in Henan Province, "within 0/5 days from the date of receiving the disposal decision" is amended as "within 60 days from the date of knowing the disposal decision".

65. In Article 40 of the Regulations on Anti-Unfair Competition in Henan Province, "within 0/5 days from the date of receiving the punishment decision" is changed to "within 60 days from the date of knowing the punishment decision".

66. Amend "within 0/5 days from the date of receiving the punishment decision" in Article 19 of the Regulations of Henan Province on Stopping Unfair Price Behavior and profiteering to "within 60 days from the date of knowing the punishment decision"; "Make a reconsideration decision within 30 days from the date of receiving the application for reconsideration" is amended as "Make a reconsideration decision within 60 days from the date of accepting the application for reconsideration".

67 "within 15 days from the date of receiving the punishment decision" in Article 27 of the Regulations on Price Supervision and Inspection of Henan Province is amended as "within 60 days from the date of knowing the punishment decision"; "Make a reconsideration decision within 30 days from the date of receiving the application for reconsideration" is amended as "Make a reconsideration decision within 60 days from the date of accepting the application for reconsideration".

68. "Within 0/5 days from the date of receiving the notification of the punishment decision" in Article 48 of the Measures of Henan Province for Implementing the Mine Safety Law of People's Republic of China (PRC) Province is amended as "within 60 days from the date of knowing the punishment decision".

69. In the first paragraph of Article 30 of the Regulations on Planned Immunization in Henan Province, "within 0/5 days from the date of receiving the punishment decision" is changed to "within 60 days from the date of knowing the punishment decision".

70. In the first paragraph of Article 45 of the Regulations on Maternal and Child Health Care in Henan Province, "within 0/5 days from the date of receiving the punishment decision" is changed to "within 60 days from the date of knowing the punishment decision".

7 1. In Article 51 of the Regulations on the Protection of the Rights and Interests of Ethnic Minorities in Henan Province, "within/0/5 days from the date of receiving the penalty notice" is amended as "within 60 days from the date of knowing the penalty decision".

(eight) to amend the provisions of the following laws and regulations that are in conflict with other laws and administrative regulations.

72. The "Regulations on the Assignment and Transfer of the Right to Use State-owned Land in Cities and Towns of Henan Province", Article 4, Paragraph 1 (1) "Land for office buildings and residential buildings of state organs and institutions" is amended as "land for state organs".

Delete the second paragraph of article 55.

73. Delete Article 34 of the Regulations on Land Supervision in Henan Province.

The second paragraph of Article 12 of the Hydrological Regulations of Henan Province is amended as: "Hydrological information forecast shall be uniformly released to the public by the flood control and drought relief headquarters of the people's government at or above the county level, the water administrative department or the hydrological institution in accordance with the relevant provisions of the state and the province, and no other unit or individual may release it".

Delete Article 26.

75. The "zero point three" in the first paragraph of Article 3 of the Regulations on the Protection and Management of Woodland in Henan Province is changed to "zero point two".