Decisions of the People's Government of Beijing Municipality on Revising Certain Clauses of Fifty-nine Rules including the Provisions of Beijing Municipality on Safety Administration of Pleasure Boats in Water Areas

Decisions of the People's Government of Beijing Municipality on Revising Certain Clauses of Fifty-nine Rules including the Provisions of Beijing Municipality on Safety Administration of Pleasure Boats in Water Areas

Order of the People's Government of Beijing Municipality No. 200

November 23, 2007

The Decisions of the People's Government of Beijing Municipality on Revising Certain Clauses of Fifty-nine Rules including the Provisions of Beijing Municipality on Safety Administration of Pleasure Boats in Water Areas, which was adopted at the 74th executive meeting of the People's Government of Beijing Municipality on November 23, 2007, is hereby released and shall come into force as of the date of promulgation.

Mayor Wang Qishan

Decisions of the People's Government of Beijing Municipality on Revising Certain Clauses of Fifty-nine Rules including the Provisions of Beijing Municipality on Safety Administration of Pleasure Boats in Water Areas

The People's Government of Beijing Municipality decided to make the following revisions to some clauses of 59 rules including the Provisions of Beijing Municipality on Safety Administration of Pleasure Boats in Water Areas:

I Provisions of Beijing Municipality on Safety Administration of Pleasure Boats in Water Areas (Promulgated by Jingzhengbanfa Document No. 19 of the People's Government of Beijing Municipality on March 19, 1988, revised for the first time in accordance with Decree No. 12 of the People's Government of Beijing Municipality on December 31, 1997, and revised for the second time in accordance with Decree No. 150 of the People's Government of Beijing Municipality on June 1, 2004).
Paragraph 2 of Article 4 shall be revised as: "Violations of these Provisions which are violations of the provisions on administration for public security shall be punished in accordance with the Law of the People's Republic of China on Penalties for the Violation of Public Security Administration."

II. Measures of Beijing Municipality for Administration of Collecting Highway Maintenance Fees (Promulgated by Decree No. 24 of the People's Government of Beijing Municipality on August 6, 1991)
1. Article 3 shall be revised as: "The municipal highway administration organ shall be responsible for the administration of collecting highway maintenance fees in this Municipality.
The highway administration organs and their subordinate institutions for collection and check of highway maintenance fees (hereinafter referred to as the highway administrative departments) shall specifically carry out the collection and administration of highway maintenance fees."
2. "The Municipal Highway Bureau" in Article 4 shall be revised as "the municipal highway administration organ".
3. "An overdue fine amounting to 1% of the unpaid fees shall be collected daily" in Article 7 shall be revised as "An overdue fine amounting to 5‰ of the unpaid fees shall be collected daily".
4. Article 8 and Article 11 shall be deleted.

III. Measures of Beijing Municipality for Administration of Sharing Special Railway Lines (Promulgated by Decree No. 5 of the People's Government of Beijing Municipality on March 26, 1992 and revised in accordance with Decree No. 12 of the People's Government of Beijing Municipality on December 31, 1997)
1. Article 3 shall be revised as: "The municipal administrative department for transport shall be responsible for the administration of sharing special railway lines in this Municipality."
2. Article 6 shall be revised as: "Procedures for running the business of sharing special railway lines: "(1) the units for management of special railway lines shall enter into agreements on running the business of sharing the special railway lines with the railway stations where the special railway line lie to make clear the responsibilities of both parties, which shall be reported to the superior competent departments of both sides for consent. "(2) the units for management of special railway lines shall, on the strength of such documents as the agreements on sharing and the applications for opening the business, go to the district or county administrative departments for industry and commerce of the places where the special railway lines lie for handling the industrial and commercial registration. "(3) the units for management of special railway lines shall, on the strength of such documents as the agreements on sharing and the business licenses, go to the municipal administrative department for transport for handling the registration for the record."
3. Item (3) of Article 10 shall be revised as: "use the invoices stipulated by the taxation departments."
4. "and may be imposed a fine of not more than CNY20,000" in Item (1) and Item (2) of Article 11 shall be revised as "and be imposed a fine of not more than CNY20,000 simultaneously". Item (4) shall be revised as: "any units failing to use the invoices as stipulated shall be punished by the taxation departments in accordance with relevant provisions."
5. Article 12, Article 13 and Article 14 shall be deleted.

IV. Measures of Beijing Municipality for Administration of the Secure Operation and Management of City Rail Transportation (Promulgated by Decree No. 147 of the People's Government of Beijing Municipality on April 28, 2004) Article 37 shall be revised as: "Where any violation of the provisions of Paragraph 2 of Article 19 and Article 26 of these Measures constitutes violation of the administration for public security, the public security organ shall impose a penalty in accordance with the provisions of the Law of the People's Republic of China on Penalties for the Violation of Public Security Administration. Anyone who causes damages to the equipment and facilities of city rail transportation shall be liable for the civil compensation in accordance with law."

V. Measures of Beijing Municipality for Administration of Protection of Underground Water Source for Urban Tap Water Factories (Promulgated by Jingzhengfa Document No. 82 of the People's Government of Beijing Municipality on June 10, 1986)
1. Article 1 shall be revised as: "These Measures are formulated for the purposes of preventing the underground water source for urban tap water factories from being polluted and safeguarding the physical health of the people in accordance with relevant laws or regulations."
2. "The Municipal Environmental Protection Bureau", "the Municipal Bureau of Public Utilities" and "the Municipal Urban Planning Administration, Bureau of Geology and Mineral Resources and Public Health Bureau" in Article 3 shall be revised as "the municipal department for environmental protection", "the municipal department for water affairs" and "the departments for planning, State land and resources, and public health" respectively.
3. "The Municipal Public Health Bureau" and "the Bureau of Public Utilities" in Article 4 shall be revised as "the municipal department for public health" and "the municipal department for water affairs" respectively.
4. Article 10 shall be revised as: "The units and individuals making contributions to the protection of underground water source for urban tap water factories shall be commended and rewarded in accordance with law."
5. "The Municipal Bureau of Public Utilities" shall be revised as "the comprehensive law enforcement department in urban administration" and "the Regulations of Beijing Municipality on Implementation of the Law of the People's Republic of China on Prevention and Control of Water Pollution" in Article 11shall be revised as "the Measures of Beijing Municipality for Implementation of the Law of the People's Republic of China on Prevention and Control of Water Pollution".
6. Article 12 and Article 13 shall be deleted.

VI. Measures of Beijing Municipality for Administration of Manpower Tricycle Passenger and Goods Transport Industry (Promulgated by Jingzhengfa Document No. 45 of the People's Government of Beijing Municipality on April 10, 1987 and revised in accordance with Decree No. 4 of the People's Government of Beijing Municipality on July 2, 1997)
1. Paragraph 1 of Article 4 shall be revised as: "The Municipal Transport Administrative Bureau is the competent agency for the administration of manpower tricycle passenger and goods transport industry of this Municipality, responsible for organizing the implementation and supervision of these Measures."
2. Article 6, Item (IX) of Article 7, Article 10 and Article 13 shall be deleted. 3. The original Article 11 shall be revised as Article 9 which reads: "Where any person engaged in the manpower tricycle industry, in violation of these Measures, commits one of the following acts, the district or county institutions for administration of manpower tricycles shall give a warning or impose a fine between CNY50 and CNY500 respectively: "
(1) asking for high prices or cheating or extorting passengers (clients). "
(2) failing to upload or transport goods with his tricycle for goods transport as stipulated or using his tricycle for goods transport for passenger transport business. "
(3) failing to follow the operation order, bullying others in the same trade and monopolizing the market. "
(4) failing to park his tricycle for undertaking business at the designated places. "
(5) serving clients in a bad manner.
"Anyone who violates the provisions on the administration of road traffic, transport, price, bills or taxation shall be handled by the agencies for traffic of public security, transport, price or taxation in accordance with relevant provisions."

VII. Provisions of Beijing Municipality on Construction and Utilization Management of Postal Service and Communication Facilities (Promulgated by Decree No.108 of the People's Government of Beijing Municipality on September 13, 2002) "Post (post and telecommunication) offices of the urban area and far-suburban districts and counties shall take charge of the construction and utilization management of postal service and communication facilities in their respective administrative areas under the authorization of the Municipal Postal Service Administration" in Paragraph 1 of Article 3 shall be deleted.

VIII. Several Provisions of the People's Government of Beijing Municipality on Postal Work of Residential Buildings (Promulgated by Decree No.21 of the People's Government of Beijing Municipality on December 8, 1992)
1. "The district or county post (telecommunication) offices shall take charge of the administration of the postal work of residential buildings" in Paragraph 1of Article 3 shall be deleted.
2. Article 14 shall be deleted.

IX. Measures of Beijing Municipality for Administration of the Operational Activities of Postal Express Service (Promulgated by Decree No.27 of the People's Government of Beijing Municipality on April 29, 1999)
1. Article 5 shall be revised as: "Postal enterprises may, based on the needs, entrust other units or individuals to act as the agents for their monopoly business of the postal express service for mails and article with the nature of mails and shall enter into the business entrustment contracts with them in accordance with law. Without the entrustment of postal enterprises, no unit or individual may engage in the postal express service for mails and article with the nature of mails."
2. Article 6 and Article 13 shall be deleted.
3. The original Article 11 shall be revised as Article 10 which reads: "Where anyone, in violation of the provisions of Article 5 of these Measures, engages in the postal express service for mails and article with the nature of mails without the entrustment of postal enterprises, the municipal department for postal administration shall submit the case to and ask the department for industry and commerce administration to deal with in accordance with law."

X. Measures of Beijing Municipality for Administration of Stamps and Stamp-collecting Products (Promulgated by Decree No. 11 of the People's Government of Beijing Municipality on August 2, 1996 and revised in accordance with Decree No. 150 of the People's Government of Beijing Municipality on June 1, 2004)
1. The "common stamps, and commemorative stamps and special stamps within the sale term stipulated by the State" in Article 6, Article 12 and Article 14 shall be revised as "common stamps currently used for mails".
2. Paragraph 1of Article 9 shall be revised as: "Where the patterns of stamps need to be copied or matters similar to stamps need to be printed due to work or contents of publications, the case shall be reported to the national or municipal department for postal administration for examination and approval."
3. Article 15 shall be revised as: "Where any working staff of the departments for postal administration abuses his powers, neglects his duties, or commits illegalities for personal gains or by fraudulent means shall be given an administrative sanction by the unit where he works or the superior competent department."

XI. Certain Provisions of Beijing Municipality on Management of Environmental Sanitation of City Roads and Public Places (Promulgated by Decree No. 32 of the People's Government of Beijing Municipality on November 5, 1989, revised for the first time in accordance with Decree No. 20 of the People's Government of Beijing Municipality on September 5, 1994, revised for the second time in accordance with Decree No. 12 of the People's Government of Beijing Municipality on December 31, 1997, and revised for the third time in accordance with Decree No. 113 of the People's Government of Beijing Municipality on November 18, 2002)
1. Article 2 shall be revised as: "The environmental sanitation of city roads and public places within the administrative areas of this Municipality shall be managed in accordance with these Provisions."
2. Paragraph 2 of Article 4 shall be revised as: "The clean-up and sanitation responsibility of various facilities such as traffic, telecom, postal service, electricity and environmental sanitation facilities on city roads and public places shall follow the provisions of Article 34 of the Regulations of Beijing Municipality on City Appearance and Environmental Sanitation."
3. Article 6 shall be revised as: "Units specializing in environmental sanitation and responsible persons that are in charge of the clean-up and maintenance of city roads and relevant facilities as well as public places shall follow the operation criteria and environmental sanitation standards and observe the following provisions: "
(1) The time for everyday cleaning work everyday shall be from 21:00 to 6:00 of the next day (7:30 in winter, similar hereinafter). Units specializing in environmental sanitation shall do the cleaning work at night and keep clean during the daytime. "
(2) The sanitation work shall be done well, the environment shall be kept clean and tidy and no wastes, contaminant and discarded articles shall be found. The cleaning work of main roads, key areas, overpasses and public places shall be conducted from 6:30 to 21:00. The cleaning work of alleys, streets and lanes shall be done from 6:00 to 19:00 (21:00 in summer). The time for clean-up and sanitation may be appropriately prolonged in special weathers or during major events. "(3) The clean-up and sanitation of city roads shall not be done during the traffic rushing hours (6:00 to 9:00, 17:00 to 21:00). The operation vehicles shall not violate regulations to turn back and cause traffic jam. The special circumstances shall be excluded. "
(4) The machinery clean-up, wash-off and spraying shall be carried out on city roads, while the regular clean-up and wash-off shall be carried out on sidewalks of main roads and key areas. "
(5) The wastes, contaminant and discarded articles shall be dumped into the garbage-collecting stations or containers in a timely manner after cleaning, and shall not be piled up in the open air or swept into the lawns or gullies on the roads. "
(6) Litterbins and garbage cans shall be emptied in time and their bodies and places around them shall be kept clean and tidy. "
(7) The materials leaked or dropped on city roads and public places shall be removed in time by responsible units for clean-up and sanitation."
4. Article 10 shall be revised as: "Anyone who, in violation of these Provisions, commits one of the following acts, shall be punished by the department for comprehensive law enforcement in urban administration: "
(1) anyone who fails to finish the cleaning work in the prescribed time limit, or fails to clear up and keep clean following the operation criteria or environmental sanitation standards, shall be ordered to make corrections and may be imposed a fine of not less than CNY100 but not more than CNY1,000 simultaneously. "
(2) anyone who fails to clear the litterbins and garbage cans in time, fails to maintain the cleanness and tidiness of cans or fails to keep areas around the cans clean and tidy, shall be ordered to make corrections and may be imposed a fine of not less than CNY500 but not more than CNY5,000 simultaneously. "
(3) anyone who fails to clear the discarded articles, branches, leaves and soil created by the work in time shall be ordered to make the clean-up within a prescribed time limit and may be imposed a fine of not less than CNY500 but not more than CNY5,000 simultaneously. "
(4) anyone who fails to withhold dust or do clean-up and sanitation work well during the construction or fails to clean and remove the discarded articles, materials or enclosure boards timely after the completion of construction, shall be ordered to make corrections within a prescribed time limit and imposed a fine of not less than CNY2,000 but not more than CNY20,000 simultaneously."

XII. Provisions of Beijing Municipality on Administration of the Lids of Manholes for Underground Facilities (Promulgated by Decree No.28 of the People's Government of Beijing Municipality on August 27, 1990)
1. Article 3 shall be revised as: "The municipal department for municipal administration shall be responsible for comprehensive coordination and administration of the lids of manholes for underground facilities in this Municipality and organizing the implementation of these Provisions.
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