Decision of the People’s Government of Zhejiang Province on the Amendments to 18 Regulations, Including
“Provisions of Zhejiang Province for the
Administration of Wage Payment at Enterprises”
(Adopted at the 60th Executive Meeting of the People’s Government of Zhejiang Province, promulgated by Decree No.284 of the People’s Government of Zhejiang Province on December 21, 2010)
I. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Administration of Wage Payment at Enterprises”.
(I) The second paragraph of Article 33 shall be amended as: “In adjudicating a wage payment dispute case, in which facts are clear and the failure to make the payment in due course will lead to difficulty in laborer’s life, the labor dispute arbitration committee, upon the application of the interested parties, may give a verdict of prior enforcement and relegate the verdict to the people’s court for enforcement according to law.”
(II) Article 36 shall be amended as: “Under one of the following circumstances, the competent administrative department of human resources and social security of the people’s government at and above the county level shall order the enterprise to pay laborer’s wage within a specified time limit; where the wage is below the local minimum wage standard, the balance shall be made up; where the due payment is not made within the specified time limit, the enterprise shall be ordered to give compensation to the laborer rating between 50 percent and 100 percent of the amount payable:
1. The enterprise pockets any part of the laborer’s wage or falls into arrears with the payment of the wage without reason;
2. The enterprise fails to pay the laborer the overtime wage as prescribed by the state or stipulated in the labor contract; or
3. The enterprise pays the laborer the wage below the local minimum wage standard.”
In addition, the wording of some articles shall be revised.
II. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for Labor Protection of Female Workers”.
Article 26 shall be deleted.
In addition, according to the above amendment, the order of the articles shall be adjusted, and the wording of some articles shall be revised.
III. The Provincial People’s Government decides to make the following amendments to “Regulations of Zhejiang Province on the Continuing Education of Professional and Technical Personnel”.
Article 19 shall be amended as: “The system of registration and assessment is adopted for continuing education. Professional and technical personnel shall get registered at their employers about their experiences of receiving continuing education and be regularly assessed. The assessment results, after the validation by the administrative department of the industry or the competent administrative department of human resources and social security, shall serve as important criteria for professional and technical personnel’s promotion and appointment of posts.”
In addition, the wording of some articles shall be revised.
IV. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Protection of Survey Marks”.
(I) The first paragraph of Article 5 shall be amended as: “The system combining voluntary preservation and preservation with allowance is adopted for survey marks. Surveying and mapping administrative departments at different levels and other departments setting up the survey marks may delegate township (town) people’s governments, sub-district offices, or relevant units where the survey marks are located, to preserve the survey marks; the delegated units shall designate responsible person(s) and assign dedicated person(s) to be in charge of the preservation.”
(II) Article 11 shall be amended as: “The sites selected for the construction of high-power radio sources, such as microwave station, radar station, radio and TV transmitter, shall be more than 200 meters away from permanent survey marks; if the selected sites shall be less than 200 meters away from the permanent survey marks when really necessary, the construction units shall submit the site selection plans to the relevant surveying and mapping administrative departments for approval and cover the testing costs for the site selection.”
In addition, the wording of some articles shall be revised.
V. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Administration of Civil Fire Control Organizations”.
(I) “Compulsory fire brigade” in the relevant articles of these Provisions shall be amended as “voluntary fire brigade”.
(II) “Article 28 of ‘Fire Control Law of the People’s Republic of China’” in Article 8 shall be amended as “Article 39 of ‘Fire Control Law of the People’s Republic of China’”.
(III) The second paragraph and the third paragraph of Article 9 shall be amended respectively as: “The establishment of full-time fire brigades shall be reported to the fire fighting departments of the local public security organs for review and approval.” “Full-time fire brigades shall not be dismantled without authorization; the dismantlement, split-up, merge, or the dismantlement, reform, reestablishment required by other legal circumstances, when really necessary, shall be reported to the fire fighting departments of the local public security organs for record.”
(IV) The sentence “Fire engines and fireboats of civil fire control organizations shall be free of road tolls (waterway maintenance fees)” in the second paragraph of Article 24 shall be deleted.
(V) “Provisions of Zhejiang Province for Implementing ‘Fire Control Law of the People’s Republic of China’” in Article 27 shall be amended as “Fire Control Regulations of Zhejiang Province”.
In addition, the wording of some articles shall be revised.
VI. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for Prevention of and Response to Public Health Emergencies”.
(I) “Food Hygiene Law of the People’s Republic of China” in Article 1 shall be amended as “Food Safety Law of the People’s Republic of China”.
(II) Article 35 shall be amended as: “The Provincial People’s Government, according to the scope, damage degree, nature and changes of the emergencies, shall classify the emergencies in Zhejiang Province in types of emergency response plans as follows: particularly serious emergency, serious emergency, fairly serious emergency, and general emergency.”
In addition, the wording of some articles shall be revised.
VII. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Administration of Social Groups”.
Article 6 shall be amended as: “Individual members of social groups shall have the household register of Zhejiang Province, or hold ‘Residence Permit of Zhejiang Province’ or ‘Temporary Residence Permit of Zhejiang Province’, and have resided in the province for one year or longer; unit members’ domiciles shall be in the province.”
In addition, the wording of some articles shall be revised.
VIII. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Administration of Environmental Pollution Supervision”.
(I) The amount of fine in Article 45 and Article 46 shall be amended as “no less than 20,000 yuan but not more than 50,000 yuan”.
(II) The amount of fine in the first paragraph of Article 47 shall be amended as “no less than 10,000 yuan but not more than 50,000 yuan”.
(III) Article 48 shall be amended as: “In case of violation of Article 20, the third paragraph of Article 23, the first paragraph of Article 26 of these Provisions, the competent administrative authority for environmental protection of the people’s government at and above the county level shall order rectification within a specified time limit, and a fine of no less than 5,000 yuan but not more than 50,000 yuan may be imposed.”
(IV) Article 49 and Article 50 shall be deleted.
(V) Article 52 shall be amended into Article 50, and the amount of fine in the Article shall be amended as “no less than 10,000 yuan but not more than 50,000 yuan”.
(VI) Article 53 shall be amended into Article 51, and the amount of fine in the second paragraph shall be amended as “no less than 10,000 yuan but not more than 50,000 yuan”.
(VII) Article 54 shall be amended into Article 52, and the amount of fine in the Article shall be amended as “no less than 10,000 yuan but not more than 50,000 yuan”.
In addition, according to the above amendments, the order of the articles shall be adjusted, and the wording of some articles shall be revised.
IX. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Administration of Water Resource Charge Collection”.
Article 19 shall be amended as: “Water resource charges shall be collected and shared in accordance with the relevant national and provincial regulations.
The water resource charges paid at the provincial, city and county levels in accordance with regulations shall be paid to special financial accounts at the central, provincial or city level on a quarterly basis.”
In addition, the wording of some articles shall be revised.
X. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for Land Reclamation”.
(I) Article 12 shall be amended as: “When state-owned enterprises and urban collective enterprises destroy collectively-owned land in the process of production and construction, the situation shall be handled respectively in accordance with the following circumstances:
1. The land that can resume farming after reclamation shall resume farming;
2. The land that can not resume the original use or is needed for national construction after reclamation shall be expropriated by the state; and
3. The land that can not resume farming after reclamation, if the original landowner really needs to retain the land, shall be subject to the arrangements by the original landowner for use.”
(II) Article 16 shall be amended as: “Units or individuals, when they destroy the state-owned land used by other units or collectively owned land that is temporarily not expropriated by the state, in addition to the responsibility of reclamation, shall pay the units that suffer losses the compensation for land losses and ground attachment losses.
The compensation for the losses of cultivated land (including garden, culture pond, the same applies below) shall be calculated with the average annual output value during the three years preceding the actual output reduction as the standard, and shall be paid in accordance with the actual losses of each year on an annual basis. The compensation for other land losses shall be paid by half of the compensation for cultivated land losses.
The standard of the compensation for ground attachments shall be in line with the stipulations in “Provisions of Zhejiang Province for the Implementation of ‘Land Administration Law of the People’s Republic of China’”.
(III) The second paragraph of Article 17 shall be amended as: “The interested parties that refuse to accept the decisions on the amount of compensation for land losses may apply for administrative reconsideration according to law, or bring a lawsuit to the people’s court according to law.”
(IV) Article 18 shall be amended as: “If units or individuals fail to fulfill the obligations for reclamation in accordance with regulations, the administrative departments of land and resources may refuse to accept their new applications for land used for production and construction.”
(V) Article 20 shall be deleted.
(VI) Article 21 shall be amended into Article 20, and amended as: “In case of disruption or hindrance of land reclamation work, or destruction of land reclamation engineering equipment, in violation of ‘Law of the People’s Republic of China on Public Security Administration Punishments’, the local public security organs shall impose public security administration punishments; if the behavior constitutes a crime, it shall be investigated for criminal liability according to law.”
(VII) Article 23 shall be deleted.
In addition, the wording of some articles shall be revised, and the order of the articles shall be adjusted.
XI. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Administration of Local Grain Reserves”.
(I) The first paragraph of Article 16 shall be amended as: “Local grain reserves delivered from the warehouse in rotation shall be sold through public auction at grain wholesale markets, or through other means prescribed by the state or provincial people’s government.”
(II) The first paragraph of Article 28 shall be amended as: “If storage enterprises have inadequate storage capacity or store finished products of grain, the enterprises may delegate the storage to other grain enterprises which meet the requirements provided for in Article 20 of these Provisions. The storage enterprises shall sign storage contracts with the delegated storage enterprises, defining issues such as the two parties’ rights, obligations and liabilities for breach of contract, and exercise strict supervision over the delegated storage enterprises’ storage business.”
In addition, the wording of some articles shall be revised.
XII. The Provincial People’s Government decides to make the following amendments to “Implementation Provisions of Zhejiang Province for the Administration of Mineral Resources Compensation Collection”.
(I) Article 4 shall be amended as: “If the mining area is located in an administrative area at the county level, the mineral resources compensation shall be collected according to law by the administrative department of land and resources in the county where the mining area is located. If the mining area is located across the administrative areas at and above the county level, the mineral resources compensation shall be collected according to law by the common administrative department of land and resources at the immediately higher level of the administrative areas concerned.”
(II) Article 11 and Article 12 shall be merged into Article 11, and amended as: “With the approval from the administrative department of land and resources, the units or individuals that purchase the mineral products with the mineral resources compensation unpaid shall be the mineral resources compensation withholding obligors, and shall fulfill the obligation of withholding the mineral resources compensation.
For the payment and remittance of the mineral resources compensation, ‘Special Bill of Payment of Mineral Resources Compensation’ manufactured under the supervision of Ministry of Finance shall be used.”
(III) Article 22 shall be amended into Article 21, and amended as: “Any obstruction or rejection of the administrative department of land and resources in the performance of duty according to law, in violation of ‘Law of the People’s Republic of China on Public Security Administration Punishments’, shall be handled according to law by the public security organs.”
(IV) Article 25 and Article 27 shall be deleted.
In addition, the wording of some articles shall be revised, and the order of the articles shall be adjusted.
XIII. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Administration and Supervision of Metrology for Trade Settlement”.
(I) Article 21 shall be amended as: “The metrology intermediaries that engage in testing services without ‘Metrology Accreditation Certificate’ shall be ordered to stop testing activities, and penalized pursuant to relevant stipulations of ‘Regulations of Zhejiang Province on the Administration of Inspection Authorities’”.
(II) Article 26 shall be amended as: “In case of rejection or hindrance of national staff for metrology supervision and administration in the performance of duty according to law, the public security organs shall impose punishments pursuant to the stipulations of ‘Law of the People’s Republic of China on Public Security Administration Punishments’; if the behavior constitutes a crime, it shall be investigated for criminal liability according to law.”
In addition, the wording of some articles shall be revised.
XIV. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Administration of Rural Highway Maintenance”.
(I) The first paragraph of Article 9 shall be amended as: “The Provincial People’s Government, in accordance with the need for rural highway maintenance, sets up special funds for rural highway maintenance. The provincial special funds for rural highway maintenance shall consist of the funds from the transfer payment of a certain proportion of product oil prices and taxes, and the funds from other provincial financial arrangements. The funds in substitution of auto road tolls in the transfer payment of product oil prices and taxes, used for rural highway maintenance, shall be no less than 15% of the total funds.”
(II) The first paragraph of Article 10 shall be amended as: “The funds raised by the people’s government at the county level for rural highway maintenance shall consist of the funds from the transfer payment of product oil prices and taxes, the special funds of county-level finance and other funds, and shall practice budget and final accounts management. All the funds in substitution of tractor and motorcycle road tolls in the transfer payment of product oil prices and taxes shall be included in the funds for rural highway maintenance.”
In addition, the wording of some articles shall be revised.
XV. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Promotion of Agricultural Mechanization and Safe Management of Agricultural Machinery”.
(I) Article 40 shall be amended as: “In case of violation of the first paragraph of Article 26 in these Provisions, and the engagement in the maintenance of agricultural machinery related to personal safety beyond the maintenance types and classifications prescribed by ‘Certificate for Agricultural Machinery Maintenance Technology’, the competent administrative department of agricultural machinery shall order rectification within a specified time limit; if the due rectification is not made within the specified time limit, a fine of no less than 500 yuan but not more than 5,000 yuan may be imposed.”
(II) Article 41 shall be deleted.
In addition, the wording of some articles shall be revised, and the order of the articles shall be adjusted.
XVI. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Implementation of ‘Regulations on National Defense Transportation’”.
“Regulations of the People’s Republic of China on Administrative Penalties for Public Security” in Article 28 shall be amended as “Law of the People’s Republic of China on Public Security Administration Punishments”.
In addition, the wording of some articles shall be revised.
XVII. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Administration of Collection and Use of Pollutant Discharge Fees”.
(I) The first paragraph of Article 11 shall be amended as: “The pollutant dischargers that discharge water pollutants to the environment in excess of the discharge standards shall pay double pollutant discharge fees pursuant to the pollutant fees collection standards prescribed by the state or the province.”
(II) The second paragraph of Article 12 shall be amended as: “The operation units of centralized wastewater treatment facilities shall be responsible for the quality of the water after treatment by the treatment facilities according to law, and shall not discharge the pollutants without normal treatment to the environment. The operation units that discharge wastewater to the environment in excess of the discharge standard shall pay double pollutant discharge fees pursuant to the pollutant fees collection standards prescribed by the state or the province.”
In addition, the wording of some articles shall be revised.
XVIII. The Provincial People’s Government decides to make the following amendments to “Provisions of Zhejiang Province for the Administration of Travel Agencies”.
(I) Article 4 and Article 5 shall be merged into Article 4, and amended as: “Organizations and individuals within and beyond the national borders shall be encouraged to invest in and establish travel agencies through various means.
Travel agencies shall be encouraged to join industry associations of travel agencies.”
(II) Article 8 shall be amended into Article 7, and amended as: “The entities that apply for the establishment of travel agencies and for running domestic tourism and inbound tourism business shall meet the following requirements:
1. having fixed sites for business operation;
2. having essential business facilities; and
3. having a registered capital of no less than 300,000 yuan.”
(III) Article 9 shall be amended into Article 8, and amended as: “A travel agency holding a business license for 2 years or longer, and is not penalized with a fine or more severe punishments by administrative organs for encroachment on tourists’ legitimate rights and interests, may apply for outbound tourism business.”
(IV) Article 10 shall be amended into Article 9, and the second paragraph shall be amended as: “The competent administrative department of tourism shall make the decision of approval or disapproval within 20 days of receiving the application for the establishment of a travel agency. If the decision of approval is made, ‘Business License of Travel Agency’ shall be issued; if the decision of disapproval is made, the applicant shall be notified of the reasons in writing.”
(V) Article 11 shall be amended into Article 10, and amended as: “The travel agency that establishes a branch shall submit the duplicate of ‘Business License of Travel Agency’ to the competent administrative department of tourism in the county where the branch is located, for record.”
(VI) Article 12 shall be deleted.
In addition, the wording of some articles shall be revised, and the order of the articles shall be adjusted.
This Decision shall be effective as of the date of its promulgation.
The 18 regulations, including “Provisions of Zhejiang Province for the Administration of Wage Payment at Enterprises” shall be amended according to this Decision and re-promulgated.
