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Decision of the Guiyang Municipal People's Government on amending 76 regulations including the "Interim Provisions on Prohibiting Smoking in Public Places of Guiyang"

1. "Interim Provisions on Prohibiting Smoking in Public Places of Guiyang City"

(1) Modification of the "Guiyang City Urban Appearance and Environmental Sanitation Management Measures" in Article 1 It is "Guiyang City Urban Appearance and Environmental Sanitation Management Measures".

(2) Article 2 is revised to read: “Health, comprehensive administrative law enforcement (urban management) and other competent departments shall, in accordance with their respective responsibilities, be responsible for the supervision and management of the ban on smoking in public places within the administrative region of this city. "

(3) Article 3 is modified to read: "Smoking is prohibited in the following indoor public places: (1) Hotels, restaurants, hotels, guest houses, Carriage shops, cafes, bars, teahouses;

(2) Public bathrooms, barber shops, beauty shops;

(3) Movie theaters, video halls (rooms) , entertainment halls (rooms), dance halls, concert halls;

(4) stadiums (halls), swimming pools (halls), parks;

(5) exhibition halls, museums, Art galleries, libraries;

(6) Shopping malls (stores), bookstores;

(7) Waiting rooms, waiting rooms (airplanes, ships), public transportation ;

(8) Other public places specified by laws and regulations.

Public place operators should set up eye-catching no-smoking warnings and signs. ”< /p>

(4) Article 4 and Article 5 are merged into Article 4 and revised to read: “Public places where smoking is prohibited may be separated from the public places and equipped with ventilation and smoke exhaust devices. Smoking rooms.

Smoking areas set up in outdoor public places shall not be located on passages that must be passed by pedestrians.

Automatic cigarette vending machines shall not be installed in public places. /p>

Operators of public places should carry out publicity on the health hazards of smoking and deploy full-time (part-time) personnel to discourage smokers.

Encourage the public to prohibit smoking in establishments. People who smoke in places with signs shall be advised, and if the advice is ineffective, they shall be reported to the health authorities in a timely manner.”

(5) Delete Articles 6 and 9.

(6) Article 7 is changed to Article 5, and the “community service management agency” in paragraph 2 is changed to “subdistrict office”.

(7) Article 10, as Article 7, is revised to read: “Anyone who violates the provisions of Article 4 of these Regulations and smokes in a place with a no-smoking sign shall be ordered by the comprehensive administrative law enforcement department to make immediate corrections. Anyone who refuses to make corrections shall be fined not less than 10 yuan but not more than 50 yuan."

(8) Article 11 shall be revised as Article 8: "Violation of paragraphs 2 and 3 of Article 5 of these Regulations. If one of the circumstances specified in paragraphs 1 and 4 is met, the competent health department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, a fine of not less than 100 yuan but not more than 1,000 yuan will be imposed.”

(9) Article 12 Actions. In Article 9, "non-smoking management staff" is changed to "relevant competent departments and their staff". 2. "Guiyang City's Implementation Measures for the Recording System of Major Administrative Penalty Decisions (Trial)"

(1) Add a paragraph as the first paragraph of Article 2: "This method applies to major administrative penalties within the administrative region of this city." The filing and management of administrative penalty decisions”

The first paragraph of Article 2 serves as the second paragraph, in which “refers to the city, district, county (city) people’s government and its affiliated departments in accordance with the law. "The following administrative penalty decisions made by laws, regulations, and rules" are revised to "refers to the municipal administrative organs and organizations authorized by laws and regulations to manage public affairs (hereinafter referred to as the filing units), in accordance with the provisions of laws, regulations, and rules The following administrative penalty decisions were made.”

(2) Article 3 is modified to read: “The filing unit shall submit a filing report in accordance with the following provisions within 15 days from the date of the decision on major administrative penalties:

(1) Filing Unit If it is a department, it shall be submitted to the judicial administrative department at the same level for filing;

(2) If the filing unit is a county-level people's government, it shall be submitted to the judicial administrative department of the municipal people's government for filing.

If an administrative penalty is entrusted to make a major administrative penalty decision in accordance with the law, the entrusting administrative agency shall submit it for filing in accordance with the provisions of the preceding paragraph.

The organization authorized by laws and regulations to manage public affairs shall be legally authorized. Major administrative penalty decisions made within the scope shall be submitted for filing by the organization in accordance with the provisions of paragraph 1 of this article.

In addition to filing in accordance with the provisions of this article, the filing unit shall also submit it to its superior competent department for filing. ."

(3) "Attach relevant materials (collectively referred to as case filing)" in Article 4 is changed to "Attach relevant materials."

(4) The “municipal, district (city, county) judicial administrative department” in Article 5 is changed to the “judicial administrative department”.

(5) Article 6 is revised to read: “The judicial administrative department shall conduct a review in accordance with the following provisions within 15 days from the date of acceptance of the filing:

(1) Implementation of administrative penalties Whether the subject is legal;

(2) Whether the facts are clear and whether the evidence is reliable and sufficient;

(3) Whether the procedure is legal;

(4) Applicability Whether the basis for laws, regulations and rules is correct;

(5) Whether the use of discretion is appropriate.

"

(6) Articles 7 and 8 are merged into Article 7 and modified to read: "During the review process, the judicial administrative department may, according to the circumstances, access the case file materials of the filing unit and request If the filing unit provides opinions or assistance, the filing unit shall not refuse or delay. 3. "Guiyang Municipal Minimum Living Security Measures for Urban Residents"

(1) Article 4 is revised to read: "This city implements a graded responsibility system for the minimum living security for urban residents."

The civil affairs department of the Municipal People's Government is responsible for the management of the city's minimum living security for urban residents. The civil affairs departments of the people's governments at the county level are responsible for the management of minimum living security for urban residents within their respective administrative regions in accordance with their duties.

The financial authorities shall implement the minimum living security funds for urban residents in accordance with regulations.

Relevant competent departments such as housing and urban-rural construction, statistics, development and reform, auditing, market supervision, education, taxation, human resources and social security should, in accordance with their respective responsibilities, do a good job in the work related to the minimum living security for urban residents.

The sub-district offices and township (town) people's governments are responsible for the preliminary review of minimum living security application objects and the payment of minimum living security funds.

Entrusted by the civil affairs department, the sub-district office or the township (town) people's government, the residents' committee can undertake the daily management and service work of the minimum living security for urban residents. ”

(2) In the first paragraph of Article 5, “cities, districts, counties (cities)” are changed to “above the county level”, and “city” is added after “should be” in the second paragraph. Work required for residents’ minimum living security.”

(3) Paragraph 2 of Article 6 is revised to read: “People in Yunyan District, Nanming District, Guanshanhu District, Baiyun District, Wudang District, and Huaxi District The minimum living security standards for urban residents shall be formulated by the civil affairs department of the Municipal People's Government in conjunction with the finance, statistics, development and reform and other competent departments at the same level, and submitted to the Municipal People's Government for approval and promulgation for implementation; the minimum living security standards for urban residents in other areas shall be determined by the county where they are located. The civil affairs department of the people's government at the county level shall be formulated in conjunction with the finance, statistics, development and reform and other departments at the same level, and shall be reported to the people's government at the county level for approval and reported to the municipal people's government for record before being promulgated and implemented. ”

(4) “Community service management agency” in the first paragraph of Article 7 is changed to “subdistrict office”, and “should be investigated and verified” is changed to “should be investigated within 20 days from the date of acceptance. "Verification".

The "residents' committees and community service management agencies" in paragraph 2 of Article 7 are changed to "the civil affairs department, sub-district office or township (town) people's government".

(5) The second paragraph and the third paragraph of Article 8 are merged into the second paragraph and revised to read: “The sub-district office or the township (town) people’s government shall complete the preliminary review within 20 days from the date of receipt of the applicant’s application. For work, the civil affairs department shall complete the review and approval work within 10 days from the date of receipt of the preliminary review opinions from the sub-district office or township (town) people's government. If they meet the conditions, they will be approved to enjoy the minimum living security treatment for urban residents; if they do not meet the conditions, they will not be approved and the applicant will be notified in writing and the reasons will be explained. "

Paragraph 4 of Article 8, as the third paragraph, is revised to read: "The minimum living security benefits for urban residents are paid monthly in the form of currency, and can also be paid in kind. ”

(6) Article 9 is revised to read: “For urban residents in this city who have been approved to enjoy the minimum living security treatment for urban residents, the sub-district office or the township (town) people’s government shall take appropriate forms to Lists were published for the unit three times and accepted public supervision.

For those who do not meet the legal conditions to enjoy the minimum living security treatment for urban residents, the public is encouraged to submit opinions to the sub-district office or the township (town) people's government. After verification, if the situation is true, it should be corrected immediately. ”

(7) Paragraph 1 of Article 10 is revised to read: “If the per capita income of urban residents’ families who enjoy the minimum living security benefits for urban residents in this city changes, they shall promptly notify the local sub-district office or township office. The (town) people's government or the civil affairs department shall handle the relevant procedures for increasing, reducing or suspending the minimum living security benefits for urban residents. "

"Residents' committees and community service management agencies" in the second paragraph of Article 10 are changed to "subdistrict offices or township (town) people's governments."

(8) Article 11 is revised to read: “People’s governments at all levels and their relevant departments and sub-district offices shall provide necessary support and care to urban residents who enjoy the minimum living security treatment for urban residents in this city in terms of employment and self-employment. ”

(9) Article 12 is revised to read: “Except for students in school, urban residents whose family members are capable of working but are not employed within the legal age of employment shall enjoy the minimum living standard for urban residents. If one of the following circumstances occurs during the security benefit period, urban residents' minimum living security funds and materials will be suspended:

(1) Refusal to participate in the residents' committee, sub-district office or township (town) where the resident is located twice without justifiable reasons Public welfare service labor organized by the people's government;

(2) Twice refusing employment opportunities introduced or recommended by the sub-district office, township (town) people's government or the human resources and social security department without justifiable reasons . ”

(10) Article 14 is revised to read: “If relevant units, organizations or individuals violate the provisions of these Measures and fail to truthfully provide relevant information when accepting investigation, the civil affairs department of the county-level people’s government shall impose disciplinary action Warning; if the circumstances are serious, a fine of not less than 500 yuan but not more than 1,000 yuan will be imposed.

(11) In Article 15, “Urban residents who commit any of the following acts” are changed to “Urban residents who violate the provisions of these Measures and have one of the following circumstances”, “Failure to comply with regulations "Notify the management and approval authority" is changed to "fail to notify the local sub-district office, township (town) people's government or civil affairs department in accordance with the regulations."

(12) In the sixteenth paragraph, "having the following behavior" "1" is changed to "violates the provisions of these Measures and falls under any of the following circumstances."