Xinhua News Agency, Beijing, April 4 — Premier Li Keqiang recently signed a State Council decree promulgating the "Decision of the State Council on Amending and Repealing Certain Administrative Regulations," which takes effect as of the date of its publication.

　　To promote, in accordance with the law, reforms aimed at streamlining administration and delegating power, combining deregulation with regulation, and optimizing services, the State Council has reviewed administrative regulations that involve the cancellation of administrative licensing items as well as those that constrain the development of new industries, new business models, and new formats. It has decided to amend certain provisions of 18 administrative regulations and to repeal 5 administrative regulations. Among the repealed administrative regulations is the Regulation on the Administration of Geological Exploration Qualifications.

　　Administrative regulations that the State Council has decided to abolish

　　I. Provisional Regulations of the People’s Republic of China on Private Enterprises (Promulgated by the State Council on June 25, 1988)

　　II. Implementing Rules of the Water Pollution Prevention and Control Law of the People’s Republic of China (Promulgated by the State Council on March 20, 2000)

　　III. Regulations on the Administration of Geological Exploration Qualifications (Promulgated by the State Council on March 3, 2008)

　　IV. Regulations on the Management of Breeding Animals and Poultry (Promulgated by the State Council on April 15, 1994; revised according to the “Decision of the State Council on Abolishing and Amending Certain Administrative Regulations” dated January 8, 2011)

　　V. Trial Measures for Labor Re-education (Approved by the State Council on January 21, 1982)

　　The "Regulations on the Administration of Geological Exploration Qualifications" came into effect on July 1, 2008. According to these regulations, qualifications for marine geological surveys, petroleum and natural gas mineral exploration, airborne geological surveys, and other Class-A geological exploration qualifications shall be approved and issued by the competent department of land and resources under the State Council; other geological exploration qualifications shall be approved and issued by the competent departments of land and resources under the people's governments of provinces, autonomous regions, and municipalities directly under the central government. The regulations also stipulate that qualifications for regional geological surveys, marine geological surveys, petroleum and natural gas mineral exploration, gas mineral exploration (excluding natural gas), airborne geological surveys, remote-sensing geological surveys, and geological laboratory testing are divided into two levels: Class A and Class B; while other geological exploration qualifications are divided into three levels: Class A, Class B, and Class C.

　　On April 4, 2018, Li Keqiang signed Decree No. 698 of the State Council of the People's Republic of China, promulgating the “Decision of the State Council on Amending and Repealing Certain Administrative Regulations,” which repealed the “Regulations on the Administration of Geological Exploration Qualifications.”

Attached is the full text of the “Decision of the State Council on Amending and Repealing Certain Administrative Regulations.”

　　Decision of the State Council on Amending and Repealing Certain Administrative Regulations

　　To promote, in accordance with the law, reforms aimed at streamlining administration and delegating power, combining deregulation with regulation, and optimizing services, the State Council has reviewed and cleared administrative regulations that either abolish administrative licensing items or impose restrictions on the development of new industries, new business models, and new formats. Following this review and cleanup, the State Council has decided:

　　I. Amendments to certain provisions of 18 administrative regulations are hereby made. (Attachment 1)

　　II. Five administrative regulations are hereby repealed. (Appendix 2)

　　This decision shall take effect from the date of its promulgation.

　　Attachment: 1. Administrative Regulations Amended by the Decision of the State Council

　　2. Administrative regulations that the State Council has decided to abolish

Attachment 1

　　Administrative regulations that the State Council has decided to amend

　　1. Article 2 of the “Implementation Rules of the People’s Republic of China Metrology Law” shall be amended to read: “The State shall implement a system of法定计量 units. The names and symbols of法定计量 units shall be governed by the relevant provisions of the State Council concerning the unified implementation of法定计量 units in China.”

　　Delete Article 14 and Article 15.

　　Article 16 is amended to Article 14 and revised as follows: “Enterprises, institutions, and individual industrial and commercial households engaged in the manufacture or repair of measuring instruments shall conduct their business operations at fixed premises, possess production facilities, inspection conditions, and technical personnel that comply with national regulations, and meet safety requirements.”

　　Delete Article 17.

　　Article 23 is renumbered as Article 20, and the phrase “Any measuring instruments without the product qualification seal, certificate, and the mark of the ‘Manufacturing License for Measuring Instruments’ shall not be sold” is amended to read: “Any measuring instruments without the product qualification seal or certificate mark shall not be sold.”

　　Article 40 is amended to Article 37, and the phrase “application for a license to manufacture or repair measuring instruments” is deleted.

　　Article 44 is amended to Article 41 and revised as follows: “Anyone who violates the provisions of Article 14 of the People’s Republic of China’s Measurement Law by manufacturing, selling, or importing measuring instruments that use non-statutory units of measurement shall be ordered to cease such activities, have their measuring instruments and all illegally obtained proceeds confiscated, and may also be fined an amount ranging from 10% to 50% of their illegal proceeds.”

　　Delete Article 47.

　　II. Amend “the competent authority for waterways at the higher level” in Article 15 of the “Regulations on the Administration of Waterways of the People’s Republic of China” to “the competent authority for waterways under the local people’s government at or above the county level.”

　　3. Delete Article 11 of the “Regulations of the People’s Republic of China on the Prevention and Control of Pollution from Coastal Engineering Construction Projects and the Protection of the Marine Environment.”

　　Article 12 is renumbered as Article 11 and amended to read: “At the time of completion and acceptance of a coastal engineering construction project, the project may only be officially put into production or use after its environmental protection facilities have been accepted as qualified.”

　　4. Article 16 of the “Regulations on Safety Management of Reservoirs and Dams” shall be amended to read: “If it is indeed necessary for the crest of a dam to also serve as a highway, such use must be supported by scientific justification and approved by the dam authority under the local people’s government at or above the county level, and appropriate safety maintenance measures must be implemented.”

　　V. Article 19 of the “Regulations on Urban Water Supply” shall be amended to read: “Urban tap water supply enterprises and enterprises that supply water externally through self-built facilities may engage in business activities only after being registered with the administrative authority for industry and commerce.”

　　Delete “subject to approval by the urban water supply administrative authority and the health administrative authority” from paragraph 1 of Article 32.

　　6. Article 17 of the “Regulations on the Management and Operation of Urban Real Estate Development” shall be amended to read: “A real estate development project may be delivered for use only after it has been completed and passed acceptance inspection in accordance with the provisions of the ‘Regulations on Quality Management of Construction Projects’.”

　　Delete Article 18, Article 36, and Article 37.

　　7. Delete Paragraph 1 of Article 34 of the Implementation Regulations of the Forest Law of the People’s Republic of China.

　　Article 40 is amended to read: “In violation of the provisions of these Regulations, anyone who purchases timber without a timber harvesting permit or other proof of legal origin shall have the illegally traded timber and any illegal gains confiscated by the forestry authority under the people's government at or above the county level, and shall also be fined an amount not exceeding twice the illegal gains.”

　　8. Delete Article 26 of the “Regulations on the Administration of the Renminbi of the People’s Republic of China.”

　　Article 44 is amended to Article 43, and the phrase “in violation of the provisions of Article 25, Article 26, and Paragraph 1, Items 2 and 4 of Article 27 of these Regulations” in paragraph 1 is revised to read “in violation of the provisions of Article 25, Article 26, Paragraph 1, Items 2 and 4 of these Regulations.”

　　9. Delete “with corresponding qualifications” from Article 24 of the Regulations on Property Management.

　　Article 32, paragraph 2, is amended to read: “The construction administrative department of the State Council shall, in conjunction with relevant departments, establish a joint incentive mechanism for trustworthiness and a joint punishment mechanism for untrustworthiness, and strengthen integrity management within the industry.”

　　Delete Article 59.

　　Article 60 is renumbered as Article 59, and the phrase “In cases of serious circumstances, the department that issued the qualification certificate shall revoke the certificate” is deleted.

　　Article 61 is amended to Article 60, and the phrase “If a property service enterprise misappropriates special repair funds and the circumstances are serious, the authority that issued its qualification certificate shall revoke the certificate” is deleted.

　　10. Delete Article 32 of the “Regulations of the People’s Republic of China on Customs Protection of Intellectual Property Rights.”

　　11. Delete Paragraph 2 of Article 21 of the “Regulations on Biosafety Management of Pathogen Microbiology Laboratories.”

　　In Article 22, paragraph 1, the phrase “laboratories that have obtained certificates qualifying them to conduct experiments involving highly pathogenic microorganisms” shall be amended to read “Level-3 and Level-4 laboratories.”

　　In Article 23, paragraph 1, the phrase “laboratories that have obtained the corresponding qualification certificates” is amended to read “laboratories that meet the corresponding requirements.”

　　Article 26 is amended to read: “The health authority and the veterinary authority under the State Council shall regularly compile and mutually notify each other of the number of laboratories, as well as the establishment and distribution of these laboratories, and the status of high-pathogenicity pathogen microbiological experimental activities conducted by Level-3 and Level-4 laboratories.”

　　Article 56 is amended to read: “If a Level-3 or Level-4 laboratory engages in experimental activities involving certain highly pathogenic microorganisms or suspected highly pathogenic microorganisms without prior approval, the health authorities and veterinary authorities of the local people’s government at or above the county level shall, within their respective responsibilities, order the laboratory to cease such activities, supervise the destruction of the pathogenic microorganisms used in the experiments or their transfer to a preservation institution, and issue a warning. If such actions result in the spread or outbreak of an infectious disease or other serious consequences, the entity that established the laboratory shall impose disciplinary measures—including removal from office or dismissal—on the principal person in charge, the directly responsible supervisor, and other persons bearing direct responsibility, in accordance with the law. If the actions constitute a crime, criminal liability shall be pursued in accordance with the law.”

　　In Article 58, the phrase “the health authority or the veterinary authority fails to issue a qualification certificate for conducting experiments involving highly pathogenic microorganisms to laboratories that meet the statutory requirements, or fails to do so for the urgent needs of the entry-exit inspection and quarantine agencies in carrying out inspection and quarantine work” is amended to read: “the health authority or the veterinary authority fails to do so for the urgent needs of the entry-exit inspection and quarantine agencies in carrying out inspection and quarantine work.”

　　The phrase “The original issuing authority shall revoke the laboratory’s qualification certificate for conducting experimental activities involving highly pathogenic microorganisms” in Article 61 shall be amended to: “The laboratory shall be ordered to cease such experimental activities and shall be prohibited from applying to conduct experimental activities involving highly pathogenic microorganisms for two years.”

　　12. Article 10 of the “Regulations of the People’s Republic of China on the Administration of Import and Export of Endangered Wild Fauna and Flora” shall be amended to read: “For the import or export of endangered wild fauna and flora and their products, the applicant shall, in accordance with the administrative authority, submit an application to the agricultural (fisheries) authorities of the people’s government of the province, autonomous region, or municipality directly under the central government where the applicant is located, or to the forestry authorities under the State Council, and shall also submit the following materials:”

　　(1) Import or export contracts;

　　(2) The names, species, quantities, and uses of endangered wild flora and fauna and their products;

　　(3) Instructional materials for facilities used to transport live endangered wild animals;

　　(4) Other materials that shall be submitted as publicly announced by the competent department for wild fauna and flora under the State Council.

　　The agricultural (fisheries) authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the central government shall, within 10 working days from the date of receipt of the application, submit their opinions and forward all application materials to the agricultural (fisheries) authorities of the State Council.

　　13. Delete “entrusting a unit with corresponding environmental impact assessment qualifications” from Paragraph 1 of Article 10 and Article 13 of the “Regulations on the Prevention and Control of Pollution Damage to the Marine Environment Caused by Marine Engineering Construction Projects.”

　　Delete Article 15.

　　Article 29 is amended to Article 28, and paragraph 1 is revised as follows: “If a marine engineering project needs to be demolished or repurposed, the operator shall file a record with the maritime authority that originally approved the project’s environmental impact assessment report prior to commencement of operations. If the demolition or repurposing may have significant environmental impacts, an environmental impact assessment shall be conducted.”

　　Article 47 is amended to Article 46, and “approval” in item 3 is replaced with “filing.”

　　14. Delete the word “qualification and” from Article 13, paragraph 2, item 2 of the Regulations on Land Survey. Amend paragraph 3 to read: “The department in charge of natural resources under the State Council shall, in conjunction with relevant departments under the State Council, strengthen supervision and services for entities undertaking land survey tasks.”

　　15. In Article 14, paragraph 1 of the “Regulations on the Prevention and Control of Marine Pollution by Ships,” replace “approval” with “filing.”

　　16. Delete “the environmental protection administrative department” from the third item of the first paragraph of Article 11 of the Regulations on the Administration of Ozone-Depleting Substances.

　　17. Article 10 of the “Regulations on Customs Guarantees of the People’s Republic of China” shall be amended to read: “Highly-certified enterprises recognized by the customs in accordance with the regulations of the General Administration of Customs may apply for exemption from providing guarantees and shall handle the relevant procedures as prescribed by the customs.”

　　18. Delete Paragraph 1 of Article 11 of the Implementation Regulations of the Bidding and Tendering Law of the People’s Republic of China.

　　Delete “its qualification license and” from paragraph 1 of Article 13, and delete paragraph 3.

　　In addition, the numbering of articles in the relevant administrative regulations has been adjusted accordingly.

Appendix 2

　　Administrative regulations that the State Council has decided to abolish

　　I. Provisional Regulations of the People’s Republic of China on Private Enterprises (Promulgated by the State Council on June 25, 1988)

　　II. Implementing Rules of the Water Pollution Prevention and Control Law of the People’s Republic of China (Promulgated by the State Council on March 20, 2000)

　　III. Regulations on the Administration of Geological Exploration Qualifications (Promulgated by the State Council on March 3, 2008)

　　IV. Regulations on the Management of Breeding Animals and Poultry (Promulgated by the State Council on April 15, 1994; revised according to the “Decision of the State Council on Abolishing and Amending Certain Administrative Regulations” dated January 8, 2011)

　　V. Trial Measures for Labor Re-education (Approved by the State Council on January 21, 1982)