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国务院批转公安部小城镇户籍管理制度改革试点方案和关于完善农村

分类: 法律英语 
 

国发(1997)20号
(June 10, 1997)
颁布日期:19970610  实施日期:19970610  颁布单位:国务院

The State Council hereby approves the

Step-by-step reform of small township census register control system and perfection of rural census register control system are an important basic work of the state which concerns the overall situation of economic development, social progress and maintenance of social stability. Governments at all levels must strengthen leadership, carefully carry out organizational work for its implementation and actively, steadily and satisfactorily perform the mission in accordance with the uniform provisions of the state.

APPENDIX I: SCHEME FOR EXPERIMENT ON THE REFORM OF SMALL TOWNSHIP CENSUS REGISTER CONTROL SYSTEM

(Ministry of Public Security May 20, 1997)

I. Aim and Significance of the Reform of Small Township Census Register Control System

The existing census register control system in this country which has been gradually established since the founding of New China has played an important role in promoting socio-economic development, safeguarding citizens' legitimate rights and interests and maintaining social order. However, since the implementation of the policy of reform and opening up and especially under the new situation of developing the socialist market economy, the existing census register control system can no longer fully cope with the requirements of the development of the situation. Pursuant to the spirit of the Third Plenary Session of the Fourteenth Central Committee of the Communist Party of China concerning the step-be-step reform of small township census register control system, granting peasants access to small towns for jobs and businesses and the development of the tertiary industry in rural areas to promote the transfer of rural surplus labor power, reform of the census register control system should be carried out at the appropriate moment by permitting the rural population already employed, living in small towns and meeting certain qualifications to complete formalities of census register for permanent residence in small towns so as to promote the transfer of rural surplus labor power to small towns nearby in an orderly way, promote all-round development of the small towns and rural areas and maintain social stability. Meanwhile, mechanical growth in population in big and medium-size cities especially in such megalopolis as Beijing, Tianjin and Shanghai should continue to be kept under rigorous control.

II. Scope of Implementation for Small Township Census Register Control System Reform

To ensure that the reform of small township census register control system proceed in a positive, reliable and orderly way and in steps, the scope of reform shall be limited in built areas of urban districts of counties(county-level municipalities) and built areas of organic townships. Within this scope, People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government shall, on the basis of sorting out and consolidation of the small towns which have already carried out census register control system reform, select a few small towns with higher level of socio-economic development, surpluses in finance, a better foundation in urban and township infrastructure which are representative in the localities to carry out a two-year experiment in census register control system reform in advance, thereafter, the reform shall be extended in phases and batches on the basis of summarization of experiences. The number of small towns making experiments to be determined by every province, autonomous region and municipality directly under the Central Government shall not exceed the following: the western regions 10; the central regions 15; and the eastern regions 20. Local People's Governments below the provincial level have no power to determine or expand the scope of experiment. Organic towns with no budget set-up or organic townships in poor counties enjoying grants-in-aid from the state finance shall temporarily not carry out small township census register control system reform pending the maturing of conditions for budget set-up or termination of grants-in-aid from the state finance; those carrying out the reform should suspend the same as of the date of implementation of this Scheme.

III. Eligibilities for Applying for Permanent Urban and Township Residence in Small Towns

The following members of rural households who already have legitimate and stable non-agricultural occupations or stable sources of livelihood in small towns, and moreover have resided for two years upon obtaining legitimate and fixed residences, can apply for permanent urban and township residence:

(1)members going in for jobs in small towns from rural areas or running secondary and tertiary industries;

(2)managing staff and specialized technical personnel employed by organizations, societies, enterprises and institutions in small towns;

(3)inhabitants having purchased commercial residential quarters or having legitimate self-constructed houses in small towns.

Lineal relatives in cohabitation with the a fore-said members can shift along with them and apply for permanent urban and township residence.

Foreign businessmen, overseas Chinese and compatriots from Hong Kong and Macau and compatriots from Taiwan with investment in establishment of enterprises in small towns and purchases of commercial residences in small towns upon approval or having legitimate self-constructed houses, if they so desire, can apply, on behalf of their relatives on the mainland they are going to look after to settle down in small towns, for permanent urban and township residence.

Peasants residing within the boundaries of small towns whose land has been requisitioned and are in need of settlement according to law can apply for permanent urban and township residence.

Those members who have settled down in small towns upon approval, their contracted land and private plots in rural areas shall be withdrawn by the rural economic organizations or villagers' committee of the localities wherein they previously resided and go through the formalities of residence registration in small towns on presentation of certificates of withdrawal of the contracted land and private plots.

IV. Enhancing Macro Regulation and Control of the Aggregate of Small Township Population

Small township census register control system reform, both component part of the reform of the whole census register control system and important content of the comprehensive reform of small towns, must be commensurate with reform in other fields. Local People's Governments concerned at all levels should integrate population growth of small towns carrying out census register control system reform into local national socio-economic development plans and in the light of the requirements of small township socio-economic development and their overall bear ability, enhance macro regulation and control of the aggregate of small township population to ensure coordinated development of agricultural production, small township economic construction and building of infrastructure, employment and social security as well as all kinds of non-profit undertakings and population growth and guard against im practically “rushing headlong into action”, blindly expanding the size of small towns, thus resulting in the “getting into-town fever”, “township-building fever” or occupation of large tracts of cultivated land weakening the foundation of agriculture. To this end, People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government must step up scrutiny of the mid- and long-term plans of the mechanical growth of population submitted by county(municipal) People's Governments concerned and enhance supervision and inspection of the implementation of the scrutinized plans. County(municipal)People's Governments concerned must put forth suggestions for the implementation of this Scheme of their respective localities to be submitted to People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government for scrutiny and approval and organizational work for implementation thereafter.

Target control shall be exercised over rural population in small towns undergoing experiments applying for permanent urban and township residence. The targets will be issued separately by the State Planning Commission in consultation with the Ministry of Finance, the Ministry of Public Security and the Ministry of Agriculture.

V. Toughening the Procedures of Examination and Approval for Applications for Residence in Small Towns

Public security organs must, within the targets for rural population in small towns applying for permanent urban and township residence, uniformly exercise the power of examination and approval in strict accordance with the eligibilities for applications for permanent urban and township residence prescribed in this Scheme. Persons requesting to settle down in small towns must submit applications in person to household registration organs of the localities of resettlement on presentation of relevant materials of certification; household registration organs of the localities of resettlement must exercise strict scrutiny and submit those applications which have been confirmed to meet the eligibilities to county(municipal)public security organs for examination and approval. Public security organs must earnestly shoulder their responsibilities in rigorously enforcing the conditions in scrutiny, and those applications not in compliance with the eligibilities for resettlement in small towns shall not be processed.

VI. Persons Resettled in Small Towns Shall Enjoy Equal Treatment of the Original Inhabitants of the Localities

Persons resettled in small towns upon approval enjoy equal treatment of the original inhabitants of the localities. People's Governments of the localities and the departments and units concerned should give them equal treatment in admissions to schools, employment, food and edible oil supply and social security as they treat original inhabitants of the localities.

VII. No Additional Urban Accomodation Fee shall be Collected from Persons Resettled in Small Towns, Nor Shall the Fee be Collected in Disguised Form

ll localities and departments must not collect additional urban accomodation fee or other fees similar to additional urban accomodation fee from persons resettled in small towns. Localities still collecting additional accomodation fee according to local provisions now must all terminate the collection as of the date of issuance of this Scheme; the additional accomodation fee already collected shall be integrated into financial budget control in full and there shall be no refund; in the meantime, conscientious ideological work should be done among the masses.

VIII. Strengthening leadership to Ensure the Smooth Implementation of the Small township Census Register Control System Reform

Small township census register control system reform involves many aspects, is highly policy-oriented and concerns the practical interests of the masses, local People's Governments at all levels must strengthen leadership, earnestly shoulder their responsibilities, keep themselves abreast of the relevant information in time and keep an eye on coordination in the resolution of problems encountered in the work to ensure smooth and stable progress of the reform. All regions must not formulate local policies inconsistent with this Scheme on their own.

Public security organs at all levels must strictly abide by the rules for scrutiny and approval, improve service attitude and enhance coordination and cooperation with the departments concerned; must step up building of honest and clean administration and formulate corresponding measures of supervision and inspection to guard against incorrect style of work and corrupt acts. Acts of scrutiny and approval of permanent urban and township residence in contravention of the provisions, seeking and accepting bribes while processing applications for permanent urban and township residence as well as practising fraud and indulging in malpractices for selfish ends must be investigated of the administrative responsibilities of the leaders in-charge and the persons directly responsible according to law; where the offences constitute a crime, criminal liabilities shall be investigated according to law. Applicants who untruthfully declare relevant information and materials and obtain permanent urban and township residence by cheating shall, once verified, be declared null and void; those who wilfully make trouble or make trouble by taking advantage of the situation shall bemeted out administrative penalties; those whose offences constitute a crime, criminal liabilities shall be investigated according to law.

The Ministry of Public Security shall be responsible for the interpretation of the related questions in the implementation of this Scheme. All regions should report to the Ministry of Public Security in time on questions discovered in the implementation of this Scheme.

APPENDIX II. SUGGESTIONS ON THE PERFECTION OF RURAL CENSUS REGISTER CONTROL SYSTEM

(Ministry of Public Security May 20, 1997)

Since long, administration of rural census regiter has been relatively weak. Their organs have been imperfect in many localities with no specialized staff in control. Census register system has not been strict with problems like no report of births and no writing off of deaths quite outstanding and there have even been phenomena of loss of control in population in some localities. This has led to imprecise data on population statistics adversely affecting the provision with precise basis to the government in the formulation of national socio-economic development plan, neither is it conducive to the efficient administration of the government. Measures must be taken to perfect the system. To this end, the following suggestions are put forward:

I. Target and Requirements for the Perfection of Rural Census Register Control System

Perfection of rural census register control system constitutes an important basic work of the State. Urban and rural census register control systems must be unified, rural census register control system must be smoothed, strict control must be exercised and the means of control improved, gradually realizing systemization, standardization and modernization of rural census register control to promote rural economic development and maintain social stability. All regions should, under the leadership of the provincial People's Governments, proceed from the actual conditions, carryout this work in an organized way and in steps, seize the time in completing the making and issuing of registration forms for permanent residents, permanent residence booklets for inhabitants and house number plates, gradually establish sound census register control organs in rural areas throughout the country, basically unify urban and rural census register control systems by the end of the century and earnestly change the status under which there has been weaknesses in rural census register control.

II. Establishment of Sound Systems for All Items of Census Register Control

Comprehensive sound register control system for such items as permanent residence, temporary residence, birth, death, moving out, moving in, change and correction should be established in rural areas and comprehensive implementation of application, change and supplement for obtaining identity cards for inhabitants shall take effect and inspection and verification should be stepped up and in the meantime such control systems as investigation, notification, statistics, archives and compilation and making of house number plates should be established and perfected.

The provision of permanent residence registration by citizens at the place of permanent domicile shall be strictly observed, a permanent residence registration form shall be filed for every citizen whose permanent residence has been registered and permanent residence booklets for inhabitants made and issued to every family.

Birth registration of new-born infants shall be stepped up. For new-born infants including those born outside planned parenthood, non-marital births as well as abandoned infants, their custodians must, in accordance with the relevant provisions of census register control, declare and apply for birth registration. A new-born infant can enter into registration for permanent residence either with the mother or with the father.

Compilation, manufacture and control of house(multi-storey building) number plates which is an important component part of exercise of census register control by public security organs must be handled well and conscientiously. Rules for the creation, numbering, manufacture, fixing and administration of house(multi-storey building) number plates should be formulated and perfected, house(multi-storey building) number plates should be uniformly compiled, manufactured and fixed for residents and regular administration shall be enhanced, gradually achieving scientific management and standardization in the compilation and manufacture of house(multistorey building) number plates.

III. Establishment and Perfection of Census Register Control Organs, Strengthening Census Register Control Ranks

Public security organs of all localities must, in accordance with the principle of “one police substation in one village(township)”, establish and perfect step by step village(township) police substations during the “Ninth Five-year Plan” and “Tenth Five-year Plan” periods of the country, equip them with corresponding police force and earnestly enhance rural census register control. Villages(townships) with no police substations at present can first establish temporary organs to take charge of census register control of their respective villages(townships), their persons-in charge shall be members of the people's police(the organizational problem will be settled separately), other staff members will be settled through adjustments in existing functionaries of the village(township) People's Governments. Villagers'(neighborhood)committees should have full-time or part-time census coordinators to assist the census registration organs in successfully doing the work of census register control under their respective jurisdictions.

IV. Strengthening Leadership and Enforcing Rigorous Implementation

Perfection of rural census register control system which involves many aspects and a heavy work load is a stupendous and complex work. People's Governments of all regions must attache great importance to it, strengthen leader ship and work out specific plans for implementation in pursuance of these Suggestions and in the light of actual conditions and conscientiously carry out organizational work for their implementation; they should conduct effective publicity and education to gain the understanding and support of the masses; ways should be found in real earnest for expenses required for the perfection of rural census register control system and improvement in the means of control. Public security organs above the prefecture(municipality) should step up inspection and guidance, resolve the problems encountered in the work in time and do a good job in acceptance checks. Census register control organs must step up the building of honest and clean administration, strictly abide by the relevant provisions of the State and collection of indiscriminate charges in addition to the cost fee shall be strictly prohibited. Violators shall be investigated of their liabilities.

Information on the implementation of this work shall be consolidated by provincial public security organs and reported to the Ministry of Public Security.

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