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| Category | CIVIL ADMINISTRATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1997-07-21 | Effective Date | 1997-07-21 |
|
Regulations on Funeral and Interment Control |
|---|
Article 1 These Regulations are formulated with a view to enhancing
funeral and interment control, pushing funeral and interment reform and
promoting the building of socialist spiritual civilization.
Article 2 The policy of funeral and interment control is to practise
cremation and reform burial in the ground actively and in steps, economize
land for interment, eliminate undesirable customs in funeral and interment
and encourage the conduct of funeral services in a civilized way and frugally.
Article 3 The department of civil affairs under the State Council
shall be responsible for funeral and interment control throughout the
country. The departments of civil affairs of local People's Governments
at or above the county level shall be responsible for funeral and interment
control in their respective administrative areas.
Article 4 Cremation should be practised in areas where there are
dense population, less cultivated land and that are easily accessible;
burials in the ground shall be permitted in areas where there are no
requisite conditions for cremation for the time being.
The areas to practise cremation and the areas wherein burials in the
ground are permitted shall be delimited by the People's Governments of the
provinces, autonomous regions and municipalities directly under the Central
Government and the delimitations shall be submitted by the departments of civil affairs of the People's Governments at the same level
to the department
of civil affairs under the State Council for the record.
Article 5 In areas where cremation is practised, the State encourages
the disposal of ashes of the dead by depositing the ashes of the dead or in
other ways which do not occupy land or occupy less land. People's Governments
at the county level and People's Governments of municipalities with
subordinate districts and autonomous prefectures should work out concrete
plans for cremation, and integrate the new construction and reconstruction
of funeral homes, crematoria and cinerary halls into urban construction plans
and capital construction plans.
In areas where burials in the ground are permitted, People's Governments
at the county level and People's Governments of municipalities with
subordinate districts and autonomous prefectures should integrate the
construction of cemeteries into urban and township construction plans.
Article 6 Funeral and interment customs of minority nationalities Article 7 Department of civil affairs of the People's Governments of the Article 8 Schemes for the construction of funeral homes and crematoria Construction of funeral and interment facilities with foreign investment Setting up non-profit graveyards for villagers in the rural areas shall be Article 9 No unit or individual shall construct funeral and interment Non-profit graveyards in the rural areas must not provide land for Establishment or restoration of clan graveyards shall be prohibited. Article 10 Construction of tombs in the following areas shall be (1)cultivated land and forest land; (2)urban parks, scenic spots and protected areas of cultural relics; (3)places around reservoirs, river dykes and dams and (4)either side of trunk lines of railways and highways. Existing graves in the prescribed areas in the preceding paragraph, Article 11 Area for coffin pits in cemeteries and the duration of years Article 12 Funeral and interment units should strengthen the management Funeral and interment service personnel should abide by the operational Article 13 The following provisions must be observed in the handling of mortal remains: (1)necessary technical treatment must be carried out in the transportation (2)cremation of mortal remains must be carried out on the presentation of death certificates issued by public
security organs or medical institutions Article 14 Conducting of funeral activities must not disrupt public Article 15 In areas where burials in the ground are permitted, burials Article 16 Funeral and interment equipment such as incinerators, Article 17 Manufacture and sale of feudalistic and superstitious Article 18 Whoever constructs funeral and interment facilities on his/her Article 19 For area for coffin pits exceeding the standards prescribed Article 20 For burial in the ground of mortal remians that should be Article 21 For disrupting public order, endangering public security and Article 22 Whoever manufactures and sells funeral and interment equipment Manufacture and sale of feudalistic and superstitious funeral and Article 23 For those funeral and interment service personnel who avail Article 24 These Regulations come into force as of the date of promulgation. The
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shall be respected; others must not interfere with those who voluntarily
reform the funeral and interment customs.
Chapter II Management of Funeral and Interment Facilities
provinces, autonomous regions and municipalities directly under the Central
Government should set forth the numbers and distribution plans of such
funeral and interment facilities as funeral homes, crematoria, cinerary
halls, cemeteries and funeral service stations on the basis of the funeral
and interment work plans and funeral and interment requirements of their
respective administrative areas and submit the same to the People's
Governments at the same level for examination and approval.
shall be put forth by the departments of civil affairs of People's Governments
at the county level and People's Governments of municipalities with
subordinate districts and autonomous prefectures and submitted to the
People's Governments at the same level for examination and approval;
construction of funeral service stations and cinerary halls shall be
subject to examination and approval by the departments of civil affairs
of People's Governments at the county level and People's Governments of municipalities with subordinate districts and autonomous
prefectures;
construction of cemeteries shall be subject to examination and approval
by the departments of civil affairs of People's Governments of the provinces,
autonomous regions and municipalities directly under the Central Government
for examination and approval upon examination, verification and consent of the departments of civil affairs of People's Governments
at the county level
and People's Governments of municipalities with subordinate districts and
autonomous prefectures.
shall be submitted to the department of civil affairs under the State Council
for examination and approval upon examination, verification and consent of the departments of civil affairs of People's Governments
of the provinces,
autonomous regions and municipalities directly under the Central Government.
submitted to the departments of civil affairs of People's Governments at the
county level for examination and approval upon examination, verification and
consent of People's Governments at the village level.
facilities on their own without approval.
coffin pits to persons other than the villagers.
prohibited:
protected areas of water sources; and
except for those with historical, artistic and scientific values which
shall be retained under state protection, should be shifted or buried deep
within the specified time period without grave mound.
for use shall be strictly restricted. Area for coffin pits for burial of the
mortal remains or burial of ashes of the dead and duration of years for use
in places where burials in the ground or burials of ashes of the dead are
permitted according to plan shall be determined by the People's Governments
of the provinces, autonomous regions and municipalities directly under the
Central Government in accordance with the principle of economy of land and
no occupation of cultivated land.
of the funeral and interment service facilities, renew and transform the
outmoded cremation equipment to prevent environmental pollution.
procedures and professional ethics and provide standardized and civilized
services, and must not seek monetary and material benefits by availing
themselves of the job.
Chapter III Handling of Mortal Remains and Control of Funeral Activities
of mortal remains to ensure hygiene and prevent pollution of environment; and
designated by the department of public health administration under the State
Council.
order, endanger public security and infringe upon the legitimate rights and
interests of other people.
of mortal remains and construction of tombs in any places other than
cemeteries and non-profit graveyards in rural areas shall be prohibited.
Chapter IV Management of Funeral and Interment Equipment and Funeral
and Interment Articles
hearses and refrigeration chambers for mortal remains must comply with the
technical standards prescribed by the State. Manufacture and sale of funeral
and interment equipment not meeting state technical standards shall be
prohibited.
funeral and interment articles shall be prohibited. Sale of such articles
for burials in the ground as coffins in areas where cremation is practised
shall be prohibited.
Chapter V Penalty Provisions
own without approval, the department of civil affairs shall, in conjunction
with the departments of construction administration and land administration
ban the same, direct him/her to restore the location to original condition,
confisticate the illegal income and may impose a fine more than 100% and less
than 300% of the illegal income.
by People's Governments of the provinces, autonomous regions and
municipalities directly under the Central Government, the department of civil
affairs shall direct that they be corrected within the specified time period,
confisticate the illegal income and may impose a fine more than 100% and less
than 300% of the illegal income.
cremated, or burial of mortal remains and construction of tombs in places
other than cemeteries and non-profit graveyards in rural areas, directives
shall be issued by the department of civil affairs for corrections within
the specified time period; compulsory execution shall be enforced for
refusal to make corrections.
infringing upon the legitimate rights and interests of other people in the
conducting of funeral activities, the department of civil affairs shall
stop them; for acts constituting violation of public security, the public
security organ shall impose penalty for violation of public security
regulations according to law; those offences constituting a crime shall be
investigated of criminal responsibilities according to law.
not meeting state technical standards, the department of civil affairs shall,
in conjunction with the department of industry and commerce administration,
direct him/her to stop the manufacture and sale and may impose a fine more
than 100% and less than 300% of the amount in manufacture and sale.
interment articles shall be confisticated by the department of civil affairs
in conjunction with the department of industry and commerce administration,
and a fine more than 100% and less than 300% of the amount in manufacture
and sale may be imposed.
themselves of the opportunity to seek monetary and material benefits, the
department of civil affairs shall direct them to return what they have
unlawfully taken; those offences constituting a crime shall be investigated
of criminal responsibilities according to law.
Chapter VI Supplementary Provision
is simultaneously annulled.
URL: http://www.asianlii.org/cn/legis/cen/laws/rofaic442