Decision of the Standing Committee of Jiangxi Provincial People's Congress on Abolishing Two Local Regulations and Amending a Package of 17 Local Regulations

(1) Regulations of Jiangxi Province on Housing Registration

(2) Regulations on Environmental Protection of Construction Projects in Jiangxi Province. Modify 17 local regulations.

(1) Measures for the Implementation of People's Republic of China (PRC) Energy Conservation Law in Jiangxi Province.

1. Paragraph 2 of Article 5 is amended as: "The provincial people's government shall establish a scientific, complete and unified energy-saving statistics, monitoring and assessment system, decompose and implement energy-saving targets step by step to the people's governments at the city and county levels with districts, and conduct annual assessment."

2. Article 13 is amended as: "Fixed assets investment projects shall implement the project energy-saving evaluation and review system. Do not meet the mandatory energy-saving standards of the project, the construction unit shall not start construction; Those that have been built shall not be put into production or use. If the government investment project does not meet the mandatory energy-saving standards, the organ responsible for project approval according to law shall not approve the construction. "

3 delete fourteenth, fifteenth, sixteenth and seventeenth.

4. Amend the second paragraph of Article 18 to read: "The statistical department of the provincial people's government shall, jointly with the competent department of energy conservation of the provincial people's government and relevant departments, regularly publish information on energy consumption and energy conservation of cities divided into districts and major energy-consuming industries to the public."

(2) Measures of Jiangxi Province for Implementing the Bidding Law of People's Republic of China (PRC).

1. Article 17 is amended as: "If a tenderer adopts public bidding, it shall issue a tender announcement. The tender announcement and publicity information of a project subject to tender according to law shall be published through the information network designated by the state, such as China public bidding service platform or provincial public resource trading network, or through newspapers or other media designated by the state (hereinafter referred to as the publishing media).

"In different media release the same project bidding announcement or prequalification announcement, the announcement content should be consistent.

"The media shall not charge fees for publishing domestic pre-qualification announcements, bidding announcements and public information of projects that must be subject to bidding according to law.

"The tenderee and the media shall publish the tender announcement truly and accurately within the stipulated or agreed time, and accept the supervision of the development and reform department of the people's government at or above the county level."

2. Item 3 of Paragraph 1 of Article 18 is amended as: "(3) Hire or equip three or more professionals with corresponding abilities such as preparing bidding documents and organizing bid evaluation".

3. Article 19 is amended as: "Where a tenderer entrusts a tender, it shall entrust a tender agency with legal conditions and sign a written entrustment agreement with it to clarify the rights and obligations of both parties.

"The procuratorial agency shall be determined by the tenderer, and no unit or individual may designate a procuratorial agency for the tenderer in any way.

"The relevant departments of the provincial people's government shall announce the list of qualified bidding agencies and their changes to the public in a convenient way."

(3) Regulations of Jiangxi Province on Technology Market Management

Delete Article 26.

(4) Regulations of Jiangxi Province on Promoting the Transformation of Scientific and Technological Achievements

1. Article 4 is amended as: "The provincial people's government shall set up science and technology awards, focusing on the units and individuals that have made great contributions to the transformation of scientific and technological achievements, and issue honorary certificates."

2. Article 14 is amended as: "The people's governments at or above the county level shall conscientiously implement the provisions of the state and the province on investment in science and technology, and improve the mechanism for the steady growth of financial investment in science and technology."

3. Delete Article 19.

4. The first paragraph of Article 21 is amended as: "The income obtained by units and individuals engaged in technology transfer, technology development business and related technical consultation and technical service business shall enjoy the relevant tax preferences of the state according to law."

5. Article 29 is amended as: "Where a unit that completes scientific and technological achievements transfers or licenses the scientific and technological achievements of its own position to others for implementation, and the method and amount of reward are not agreed upon or agreed upon by the scientific and technological personnel, it shall extract a proportion of not less than 50% from the net income from the transfer or license of the scientific and technological achievements, and reward the personnel who have made important contributions to the completion and transformation of the scientific and technological achievements."

(5) Regulations of Jiangxi Province on Promoting Scientific and Technological Innovation

1. The first paragraph of Article 24 is amended as: "If scientific research institutions and institutions of higher learning transfer or license their post-related scientific and technological achievements to others for implementation, and there is no agreement or agreement on the way and amount of reward with scientific and technological personnel, they shall extract not less than 50% of the net income from the transfer of post-related scientific and technological achievements or the permitted net income, and reward and reward those who have made important contributions to the completion and transformation of post-related scientific and technological achievements; Where an investment is made at the price of a post-service scientific and technological achievement, it shall draw no less than 50% of the shares formed by the post-service scientific and technological achievement or the proportion of capital contribution, and reward and reward those who have made important contributions to the completion and transformation of the post-service scientific and technological achievement; If the scientific and technological achievements of the post are implemented by themselves or in cooperation with others, after the successful implementation of the transformation, the proportion of not less than 5% will be extracted from the operating profit of the scientific and technological achievements of the project every year, and the personnel who have made important contributions to the completion and transformation of the scientific and technological achievements of the post will be rewarded. "

2. Paragraph 2 of Article 37 is amended as: "Improve the stable growth mechanism of financial investment in science and technology, optimize the investment structure, and focus on supporting the construction of scientific and technological innovation platforms, product innovation research and the transfer and transformation of scientific and technological achievements. Finance at or above the county level shall give priority to scientific and technological expenditures and establish a stable growth mechanism. Give full play to the guiding role of financial science and technology investment, improve the performance of financial science and technology funds, and encourage all kinds of innovative entities to increase investment in scientific and technological innovation and R&D. "

(6) Measures for the Administration of Quarrying and Taking Soil in Jiangxi Province

1. Article 12 is amended as: "Quarrying and earth-borrowing enterprises specially established for key construction projects approved by the State Council shall provide the approval documents of key construction projects, and their mining rights can be obtained by agreement after evaluation. The validity period of the mining license should be consistent with the construction time of key projects, and the mined stone and clay can only be used exclusively for key projects. "

2. Delete Article 17.

(7) Regulations of Jiangxi Province on Property Management

1. Item 2 of Paragraph 2 of Article 4 is amended as: "(2) Supervision and management of service quality of realty service enterprises, bidding for realty service, signing of realty service contracts and supervision and management of fees".

2. Amend the second and third paragraphs of Article 30 to read: "The construction unit of residential property shall select property service enterprises through bidding to implement preliminary property management; If there are less than three bidders, with the approval of the real estate administrative department of the people's government of the city or county (District) where the property is located, the realty service enterprise may be selected by agreement.

"Promote non-residential property construction units to select property service enterprises through bidding."

3. Delete paragraphs 1, 2 and 3 of Article 46.

4. Article 61 is amended as: "The real estate administrative department of the people's government at or above the county level shall formulate the standards and grades of property services, strengthen the supervision and management of property service enterprises, regularly assess their service quality, and promote the property service enterprises to improve their service level.

"The real estate departments of the people's governments at or above the county level shall listen to the opinions of the owners and the neighborhood offices and township people's governments where the property is located when assessing the service quality of the property service enterprises."

5. Article 80 is amended as: "If the realty service enterprise refuses to quit after the termination of the realty service contract, the real estate administrative department of the people's government of the city or county (district) shall order it to make corrections within a time limit; If it is not corrected within the time limit, it will be fined more than 50,000 yuan10,000 yuan. "

6. Article 81 is amended as: "If the service quality of a realty service enterprise does not meet the service standards and grade standards, the real estate administrative department of the people's government at or above the county level shall order it to make corrections within a time limit."

(8) Measures of Jiangxi Province for Implementing the Law of People's Republic of China (PRC) on Soil and Water Conservation.

1. Item 3 of Paragraph 1 of Article 5 is amended as: "(3) Responsible for approving and supervising the implementation of water and soil conservation plans by production and construction units".

2. Article 23 is amended as: "Water and soil conservation facilities in production and construction projects that should be prepared according to law should be designed, constructed and put into use at the same time as the main project; When the production and construction projects are completed and accepted, the water and soil conservation facilities shall be qualified; If the soil and water conservation facilities are not accepted or unqualified, the production and construction projects shall not be put into use. "

(9) Regulations on the Management of River Sand Mining in Jiangxi Province

Paragraph 2 of Article 6 is amended as: "The value determination of sand and gravel resources damage caused by illegal sand mining and destructive sand mining shall be carried out in accordance with the relevant provisions of the state."

(10) Regulations on Forest Parks in Jiangxi Province

1. Paragraph 1 of Article 17 is amended as: "The overall planning of provincial forest parks shall be reported to the competent forestry department of the provincial people's government for the record, and the overall planning of national forest parks shall be reported to the competent forestry department of the state for approval."

2. Paragraph 2 of Article 25 is amended as: "Hunting and collecting wildlife protected by the state and the province in forest parks for scientific research shall be approved by the wildlife department at or above the provincial level with administrative authority according to law, and shall be carried out in designated areas."

(eleven) Jiangxi Wuyishan National Nature Reserve Ordinance

1. Article 20 is amended as: "Units and individuals engaged in related activities in nature reserves shall, in accordance with the provisions of the Regulations of People's Republic of China (PRC) on Nature Reserves, submit a written application to the management institution of Wuyishan Nature Reserve in Jiangxi in advance and obtain the approval of the management institution of nature reserves; Among them, entering the core area of nature reserves shall be approved by the competent forestry department of the provincial people's government.

"The written application shall include the time, personnel, place, content, method and safety measures of the activity. The management institution of Wuyishan Nature Reserve in Jiangxi Province shall, within three working days from the date of receiving the written application, give approval or submit it to the competent forestry department of the provincial people's government for approval. To be approved, inform the competent forestry department of Yanshan County People's government; If it is not approved, it shall explain the reasons in writing. "

2. Article 22 is amended as: "Jiangxi Wuyishan Nature Reserve prohibits the following acts:

"(a) wild fire, burning;

"(two) illegal logging, deforestation, destruction of trees or destruction of vegetation;

"(3) Grazing, digging wild plants and medicinal materials, hunting, salvaging, purchasing, processing, utilizing and selling wild animals;

"(4) introducing new biological varieties;

"(five) illegal reclamation, mining, quarrying, dredging, borrowing soil and occupying land;

"(6) moving or destroying boundary markers, boundary markers and other protection and management facilities without authorization;

"(seven) intercepting, guiding, blocking or otherwise changing the river course;

"(8) Other acts prohibited by laws and regulations."

3. Paragraphs 1 and 2 of Article 30 are amended as: "No facilities shall be built in the core area of nature reserves.

"No production facilities shall be built in the buffer zone. Strictly control the construction of scientific research monitoring and protection facilities. If it is really necessary to build scientific research monitoring and protection facilities such as field observation stations, sample plots, patrol passages and forest fire prevention, relevant examination and approval procedures shall be handled according to law. "

4. Article 31 is amended as: "Where sightseeing or tourism activities are carried out in the experimental area, the management institution of Wuyishan Nature Reserve in Jiangxi Province shall prepare a plan, which shall conform to the management objectives of the nature reserve.

"Organizing visits and tourism activities in nature reserves shall be carried out in strict accordance with the scheme specified in the preceding paragraph, and management shall be strengthened; Units and individuals visiting and traveling in nature reserves shall be subject to the management of nature reserve management agencies.

"It is strictly forbidden to open visits and tourism projects that are inconsistent with the protection direction of nature reserves."

5. Article 37 is amended as: "If the staff of the management organization and relevant departments of Wuyishan Nature Reserve in Jiangxi Province commit any of the following acts, the directly responsible person in charge and the directly responsible personnel shall be punished according to law:

"(a) do not implement or arbitrarily change the overall planning and special planning of Wuyishan Nature Reserve in Jiangxi;

"(2) illegally approving to enter the core area and buffer area of Wuyishan Nature Reserve in Jiangxi Province to engage in related activities, or illegally approving foreigners to enter the nature reserve;

"(three) no planning or planning does not meet the management objectives of nature reserves to carry out visits and tourism activities;

"(four) to open a visit or tourism project that is inconsistent with the protection direction of the nature reserve;

"(five) did not carry out visits and tourism activities in accordance with the prepared plan;

"(six) do not perform the duties stipulated in these regulations;

"(seven) other acts of abuse of power, dereliction of duty and favoritism."

(12) Regulations on Population and Family Planning in Jiangxi Province

Article 54 is amended as: "Those who fail to meet the conditions stipulated in Article 9 of these Regulations and give birth again or have children by bigamy shall be given administrative sanctions according to law, in addition to collecting social support fees in accordance with the regulations, and those who belong to the state staff; Other personnel should also be given disciplinary sanctions by their units or organizations. "

(13) Regulations on Patriotic Health Work in Jiangxi Province

Article 26 is amended as: "Enterprises that produce and sell drugs for killing disease vectors must meet the conditions stipulated in the Regulations on Pesticide Management of the State Council."

(14) Measures for the Implementation of the Law of the People's Republic of China on Maternal and Infant Health Care in Jiangxi Province

1. Article 15 is amended as: "Pregnant women shall give birth in medical and health institutions. Pregnant women who do not have the conditions for delivery in hospital should be delivered by trained family midwives with corresponding delivery ability.

"The competent health department of the people's government at the county level shall strengthen the training, technical guidance, supervision and management of domestic midwives."

2. Paragraph 3 of Article 28 is amended as: "Medical and health institutions and personnel engaged in ligation, midwifery technical services and pregnancy termination operations must obtain permission from the competent health department of the people's government at the county level and obtain corresponding qualification certificates."

(fifteen) Regulations of Jiangxi Province on the administration of aquatic seedlings

1. Article 15 is amended as: "The aquatic seedling production is subject to a licensing system.

The aquatic seedling production license (hereinafter referred to as the license) is issued by the fishery administrative department of the people's government at or above the county level.

"The license shall be uniformly printed by the provincial fishery administrative department."

2. Article 17 is amended as: "The fishery administrative department shall make a decision of approval or disapproval within 20 days from the date of accepting the application. If the license is not granted, the reasons shall be explained and the applicant shall be informed of the right to apply for reconsideration and bring a lawsuit. "

3. Other "fishery authorities" in the original article are amended as "fishery authorities".

(sixteen) Regulations of Jiangxi Province on the protection of agricultural ecological environment

Article 56 is amended as: "Anyone who, in violation of the provisions of these Regulations, fails to use pesticides in accordance with the provisions of the state on the safe use of pesticides shall be ordered by the competent agricultural department of the people's government at the county level to make corrections. Pesticide users are agricultural product production enterprises, food and edible agricultural product storage enterprises, professional pest control service organizations and farmers' professional cooperatives engaged in agricultural product production, and a fine of more than 50,000 yuan 1 00,000 yuan is imposed, while pesticide users are individuals, and a fine of less than110,000 yuan is imposed. "

(seventeen) "Jiangxi province audit regulations"

Paragraph 4 of Article 49 is deleted.

The above-mentioned 17 local regulations shall be revised accordingly according to this decision, and the order of provisions shall be adjusted accordingly and re-promulgated.

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