Decision of the State Council on Revising Certain Administrative Regulations
Decision of the State Council on Revising Certain Administrative Regulations
Decision of the State Council on Revising Certain Administrative Regulations
Order of the State Council of the People's Republic of China No.703
September 18, 2018
The Decision of the State Council on Revising Certain Administrative Regulations is hereby promulgated for implementation as of the date of promulgation.
Li Keqiang, Premier
Decision of the State Council on Revising Certain Administrative Regulations
In order to fully implement the Decision of the CPC Central Committee on Deepening the Reform of the Party and State Institutions deliberated and approved at the Third Plenary Session of the 19th CPC Central Committee and the Institutional Reform Proposal of the State Council approved at the First Session of the 13th National People's Congress, ensure that administrative organs perform their duties according to the law, the State Council has cleaned up the administrative regulations involved in institutional reform. After cleaning up, the State Council has decided to revise some clauses of ten administrative regulations.
I. The Article 3 of the Administrative Measures for Reception of Television Programmes Transmitted Via Foreign Satellite by Ground Satellite Receiving Facilities shall be revised as: "The administrative department of radio and television under the State Council shall be in charge of the administration of reception of the television programmes transmitted via foreign satellites by ground satellite receiving facilities throughout China.
"The administrative department of radio and television of the people's government of a province, autonomous region or municipality directly under the Central Government shall be in charge of the administration of reception of the television programmes transmitted via foreign satellites by ground satellite receiving facilities in its respective administrative area."
The "Chinese departments of radio and television" specified in Paragraph 3 of the Article 4 shall be revised as "the administrative department of radio and television".
The Article 6 shall be revised as: "A unit that intends to utilize its existing ground satellite receiving facilities or install special ground satellite receiving facilities to receive television programmes transmitted via foreign satellites shall apply in writing to the competent department at or above the provincial level. Upon examination and approval, such application unit shall report to the administrative department of radio and television of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located for approval. Upon approval by the administrative department of radio and television of the people's government of the province, autonomous region or municipality directly under the Central Government, a permit to receive television programmes transmitted via foreign satellites(hereinafter referred to as "permit") shall be issued to the application unit and the case shall be reported by the examining and approving authority to the administrative department of radio and television under the State Council, the public security department and the state security department for the record."
The "departments of radio and television, public security and state security" specified in Paragraph 2 of the Article 9 and Article 10 shall be revised as "administrative department of radio and television, public security organ, and state security organ."
The Article 11 shall be revised as: "If any unit violates the provisions in Articles 8 and 9 of the Measures, the administrative department of radio and television of the people's government of a province, autonomous region or municipality directly under the Central Government shall, in conjunction with the public security organ and the state security organ at the same level and in accordance with the seriousness of the ease, give such penalties as issuing a warning, imposing a fine of not more than CNY20,000 or , in an extreme case, revoking the Permit. Where the Permit is revoked, the ground satellite receiving facilities may also be confiscated concurrently. The administrative department of radio and television, public security organ and state security organ of the people's government of the province, autonomous region or municipality directly under the Central Government may suggest to the competent department concerned that administrative sanctions be imposed on the unit's leading personnel in charge of the work and other persons directly responsible. If the violation is so serious as to constitute a crime, criminal liability shall be investigated by the judicial department in accordance with the law."
The "department (or bureau) of radio and television of provinces, autonomous regions or municipalities directly under the Central Government may, in conjunction with the department (or bureau) of public security and the department (or bureau) of state security at the same level" in the Article 12 shall be revised as "administrative department of radio and television of the people's government of a province, autonomous region or municipality directly under the Central Government may, in conjunction with the public security organ and state security organ at the same level".
Paragraph 1 of the Article 14 shall be revised as: "With respect to reception of television programmes transmitted via foreign satellites by the armed forces, public security organs and state security organs utilizing their existing ground satellite receiving facilities or installing special ground satellite receiving facilities as are necessitated by national defence and public security and state security, the relevant departments of the armed force, the public security department under the State Council and the state security department under the State Council shall respectively formulate measures for the administration thereof."
The Article 15 shall be revised as: "The administrative department of radio and television under the State Council shall be responsible for the interpretation of the Measures."
II.
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Order of the State Council of the People's Republic of China No.703
September 18, 2018
The Decision of the State Council on Revising Certain Administrative Regulations is hereby promulgated for implementation as of the date of promulgation.
Li Keqiang, Premier
Decision of the State Council on Revising Certain Administrative Regulations
In order to fully implement the Decision of the CPC Central Committee on Deepening the Reform of the Party and State Institutions deliberated and approved at the Third Plenary Session of the 19th CPC Central Committee and the Institutional Reform Proposal of the State Council approved at the First Session of the 13th National People's Congress, ensure that administrative organs perform their duties according to the law, the State Council has cleaned up the administrative regulations involved in institutional reform. After cleaning up, the State Council has decided to revise some clauses of ten administrative regulations.
I. The Article 3 of the Administrative Measures for Reception of Television Programmes Transmitted Via Foreign Satellite by Ground Satellite Receiving Facilities shall be revised as: "The administrative department of radio and television under the State Council shall be in charge of the administration of reception of the television programmes transmitted via foreign satellites by ground satellite receiving facilities throughout China.
"The administrative department of radio and television of the people's government of a province, autonomous region or municipality directly under the Central Government shall be in charge of the administration of reception of the television programmes transmitted via foreign satellites by ground satellite receiving facilities in its respective administrative area."
The "Chinese departments of radio and television" specified in Paragraph 3 of the Article 4 shall be revised as "the administrative department of radio and television".
The Article 6 shall be revised as: "A unit that intends to utilize its existing ground satellite receiving facilities or install special ground satellite receiving facilities to receive television programmes transmitted via foreign satellites shall apply in writing to the competent department at or above the provincial level. Upon examination and approval, such application unit shall report to the administrative department of radio and television of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located for approval. Upon approval by the administrative department of radio and television of the people's government of the province, autonomous region or municipality directly under the Central Government, a permit to receive television programmes transmitted via foreign satellites(hereinafter referred to as "permit") shall be issued to the application unit and the case shall be reported by the examining and approving authority to the administrative department of radio and television under the State Council, the public security department and the state security department for the record."
The "departments of radio and television, public security and state security" specified in Paragraph 2 of the Article 9 and Article 10 shall be revised as "administrative department of radio and television, public security organ, and state security organ."
The Article 11 shall be revised as: "If any unit violates the provisions in Articles 8 and 9 of the Measures, the administrative department of radio and television of the people's government of a province, autonomous region or municipality directly under the Central Government shall, in conjunction with the public security organ and the state security organ at the same level and in accordance with the seriousness of the ease, give such penalties as issuing a warning, imposing a fine of not more than CNY20,000 or , in an extreme case, revoking the Permit. Where the Permit is revoked, the ground satellite receiving facilities may also be confiscated concurrently. The administrative department of radio and television, public security organ and state security organ of the people's government of the province, autonomous region or municipality directly under the Central Government may suggest to the competent department concerned that administrative sanctions be imposed on the unit's leading personnel in charge of the work and other persons directly responsible. If the violation is so serious as to constitute a crime, criminal liability shall be investigated by the judicial department in accordance with the law."
The "department (or bureau) of radio and television of provinces, autonomous regions or municipalities directly under the Central Government may, in conjunction with the department (or bureau) of public security and the department (or bureau) of state security at the same level" in the Article 12 shall be revised as "administrative department of radio and television of the people's government of a province, autonomous region or municipality directly under the Central Government may, in conjunction with the public security organ and state security organ at the same level".
Paragraph 1 of the Article 14 shall be revised as: "With respect to reception of television programmes transmitted via foreign satellites by the armed forces, public security organs and state security organs utilizing their existing ground satellite receiving facilities or installing special ground satellite receiving facilities as are necessitated by national defence and public security and state security, the relevant departments of the armed force, the public security department under the State Council and the state security department under the State Council shall respectively formulate measures for the administration thereof."
The Article 15 shall be revised as: "The administrative department of radio and television under the State Council shall be responsible for the interpretation of the Measures."
II.
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