Laws of the People's Republic of China

The Ministry of Civil Affairs, the State Planning Commission, the Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Civil Affairs, the State Planning Commission, the Ministry of Foreign Trade and Economic Cooperation on Strictly Controlling the Establishment of the Services Facilities of Funeral and Interment through Absorbing Foreign Capital

MinShiFa [1995] No. 6

February 6, 1995

The people's governments of various provinces, autonomous regions and municipalities directly under the Central Government:

Recently, the institutions of funeral and interment under the local departments of civil affairs have absorbed the foreign fund to establish the services facilities of funeral and interment, which play a role in realizing the long-cherished wish of being buried in their country of overseas Chinese and compatriots of HongKong, Macao, Twain and releasing the tight place for storing ash and accelerating the development of undertakings of funeral and interment. But without gaining approval,some departments and institutions with no relation of funeral and interment enter into partnership with foreign businessman and build the operational cemeteries. These cemeteries cover the large cultivated land, which are set up in either the forest section or the scenic spot area or even city area. The blind constructions interfere and damage the reform of funeral and interment and harm the land administration and city constructions and result in bad effect and disobey the provisions such as "the departments of civil affairs are in charge of administrating the funeral and interment" in Interim Provisions of the State Council for Administrating Funeral and Interment(GuoFa [1995] No.18), "the operational cemetery is one of facilities of funeral and interment services and should be established directly by the departments of funeral and interment" in Report on Intensifying the Cemetery Management issued by the Ministry of Civil Affairs with approval of The State Council on April,1994 (MinZi [1988] No.15) and "the set-up of the operational cemetery by absorbing the foreign fund should be approved by the Ministry of Civil Affairs" in Interim Measures for Administration of the Cemeteries issued by the Ministry of Civil Affairs in August, 1992.

Circular on the Related Issues of Establishing the Chinese-foreign Equity Joint Cemeteries(MinShiHan [1992] No.370) and Circular on Issues that Need Pay Attention to During Establishing the Operational Cemeteries at Present (MinShiHan [1993] No.9) issued successively by the Ministry of Civil Affairs emphasize that the establishment of funeral and interment services facilities by absorbing the foreign fund should be unified planning and ratified by the Ministry of Civil Affairs.

Due to the less land and more population, each inch land should be cherished. Establishment of the operational cemetery is a measure for dealing with the ashes (remains) now and will be replaced by more civilized, advanced and scientific means .Therefore, establishing the operational cemetery through absorbing foreign fund should be planned rationally and restricted strict in view of practice. Whereas the problems occur thereof, approved by leader of the State Council,the following should be clarified in order to guarantee the healthy development of funeral and interment undertakings:

1.

The service trade of funeral and interment belongs to the special trade in which the foreign investment are not encouraged to use in general.If setting up this kind of project in special requirement,it will be controlled strictly.

2.

According to the spirit of Circular on Establishing the Chinese-foreign Equity Joint Cemetery issued by the Ministry of Civil Affairs,the people's governments of various provinces,autonomous regions and municipalities directly under the Central Government should make the feasible long-term development plan of funeral and interment undertakings and consider in unison absorbing foreign capital and building the services facility of funeral and interment,such as cemetery,etc..

3.

The Ministry of Civil Affairs is in charge of the funeral and interment service trade. Establishment of the facilities of funeral and interment by absorbing the foreign fund, which belongs to the below-norm project, should be approved its project recommendation and feasibility report by the Ministry of Civil Affairs. The applying institutions should summit the project recommendation and feasibility report and examination reports of the departments of land management and city construction. The project recommendation and feasibility report approved by the Ministry of Civil Affairs should be made a copy for State Development Planning Commission on record.The above-norm project should be checked and examined by State Development Planning Commission according to the present regulations. The contract and rules of the project whose project propose and feasibility report have been approved by the Ministry of Civil Affairs or State Development Planning Commission should be ratified by the Ministry of Foreign Trade and Economic Cooperation. Any other departments and units can't examine and approve without authorization.

4.

The foreign investment project that has been set up without the approval of the Ministry of Civil Affairs or the State Development Planning Commission should be examined and approved again according to Provision 3 of this circular.