Article 1 In order to strengthen funeral management, promote funeral reform, protect land resources and environment, and promote the construction of socialist spiritual civilization, these Measures are formulated in accordance with the relevant provisions of the state and combined with the actual situation in our province.
Article 2 These Measures shall apply to funeral activities and their management within the administrative area of this province.
Article 3 Funeral activities and their management must actively and step by step carry out cremation, reform burial, save funeral land, get rid of funeral customs, and advocate civilized and thrifty funeral.
Fourth people's governments at all levels should strengthen the leadership of funeral work, put it on the agenda, coordinate and organize relevant departments, and timely study and deal with major issues in funeral management.
The township (town) people's government and the city street office shall designate personnel to be responsible for and guide the village (neighborhood) committees to do a good job in funeral management.
Fifth provincial civil affairs departments are responsible for the funeral management in the province. City (prefecture), county (city, district) civil affairs departments in accordance with the division of responsibilities, responsible for the administrative area of funeral management. The funeral management institution affiliated to the civil affairs department is responsible for the specific work of funeral management.
Public security, transportation, health, industry and commerce administration, construction, land, environmental protection, ethnic affairs and other relevant departments at all levels shall, in accordance with their respective responsibilities, cooperate with the civil affairs departments to do a good job in funeral management.
Sixth departments of culture, press and publication, radio and television. Should take various forms, in conjunction with the civil affairs departments to do a good job in funeral reform and publicity and education.
Organs, organizations, enterprises and institutions, village (neighborhood) committees and other organizations shall carry out publicity and education on funeral management regulations in their own units.
Seventh any unit or individual has the right to discourage, stop, report and expose violations of these measures.
Chapter II Management of Funeral Facilities
Article 8 The Provincial Civil Affairs Department shall, according to the province's funeral work planning and funeral needs, propose the quantity and layout planning of funeral facilities such as funeral parlours, crematoriums, columbariums, cemeteries and funeral service stations, and submit them to the provincial people's government for examination and approval.
City and county (city) people's governments shall incorporate the new construction and reconstruction of funeral facilities such as funeral parlours, crematoriums and columbariums into urban and rural construction plans and capital construction plans.
People's governments at all levels should increase investment in the construction of funeral facilities, and the required funds should be included in the local financial budget.
The new funeral home shall be planned, designed and built according to the national funeral home grade standard.
Ninth funeral facilities construction in accordance with the following provisions for approval and filing:
(a) rural villagers to establish public cemetery, with the consent of the township (town) people's government, submitted to the county (city, district) civil affairs department for approval;
(2) Funeral homes and crematoriums shall be proposed by the civil affairs departments of cities and counties (cities) and reported to the people's government at the same level for approval, and reported to the provincial civil affairs departments for the record;
(three) the funeral service station and the columbarium shall be examined and approved by the civil affairs department of the city or county (city);
(4) Newly built and expanded cemeteries (including tower cemeteries, the same below) shall be submitted to the Provincial Civil Affairs Department for examination and approval after being examined and approved by the civil affairs departments at or above the county level and the people's government at the same level;
(five) the use of foreign capital to build funeral facilities, with the consent of the provincial civil affairs department, submitted to the civil affairs department of the State Council for approval.
The construction of funeral facilities shall go through the formalities for examination and approval of land use according to law, and go through the relevant formalities according to the basic construction procedures.
Tenth rural public cemetery shall not provide graves for people outside the village.
Eleventh strictly limit the cemetery grave area. The area of a single or double grave for burying ashes shall not exceed one square meter; The single tomb for burying the remains shall not exceed four square meters, and the double tomb shall not exceed six square meters.
Twelfth cemeteries shall not charge a one-time tomb management fee of more than twenty years.
Tomb management fees shall be used for the management, maintenance and greening of cemeteries, and shall not be used for other purposes.
Civil affairs departments should strengthen the management of cemeteries and conduct regular inspections.
Thirteenth funeral service units should strengthen the management of funeral service facilities and equipment, keep the funeral service places and equipment clean and intact, and prevent environmental pollution.
Chapter III Cremation Management
Article 14 The following areas are cremation areas:
Municipal districts, county-level cities, counties with crematoriums and counties designated by the provincial people's government for cremation;
(two) the town where the county people's government is located has no crematorium.
The provincial people's government shall delimit the counties where cremation is carried out by stages and make an announcement.
Fifteenth counties (cities) designated as cremation areas without crematoriums shall incorporate the construction of crematoriums into the capital construction plan and complete it within a time limit. Until it is completed, the cremation of remains will be temporarily undertaken by crematoriums in neighboring cities and counties.
Sixteenth in the cremation area to promote the storage of ashes, to replace the tomb with trees, scattering and other ways to dispose of ashes, do not occupy or occupy less land. It is forbidden to bury ashes in coffins.
Those who die in the cremation area shall be cremated on the spot unless otherwise stipulated by the state.
Household registration in the cremation area, died in different places, should be cremated nearby.
Seventeenth in the cremation area, it is forbidden for any unit or individual to transport the remains that should be cremated for burial without authorization. Without authorization, the remains will be transported and buried, and their units, local township (town) people's governments, neighborhood offices and village (neighborhood) committees must be stopped.
The hospital shall promptly notify the funeral home of the person who died in the cremation area hospital. When the remains are cremated, they are transported by the funeral car of the funeral home; If it is required to be transported by itself, it shall be approved by the local funeral management agency. Without the consent of the funeral management institution, the hospital shall not stop the transfer of the remains without authorization; Stop not listening, and report to the civil affairs department or the public security organ in time.
Article 18 Funeral services such as transport and cremation of remains shall be undertaken by funeral parlours, crematoriums or funeral service stations, and no other unit or individual may engage in the above-mentioned business funeral service activities.
Nineteenth funeral service units shall, after receiving the notice of picking up the remains, pick up the remains in time and carry out necessary technical treatment on the remains to ensure hygiene and prevent environmental pollution.
After the death of a person suffering from a serious infectious disease, the funeral parlour shall take measures to prevent infection in the process of transporting and keeping the remains, and the remains must be cremated within 24 hours.
Twentieth normal cremation of the remains of the deceased, by medical institutions or the deceased unit, neighborhood offices, villagers' committees issued by the death certificate.
The cremation of the remains of abnormal deaths shall be subject to the death certificate issued by the public security organ at or above the county level where the death occurred.
The nameless and unowned remains confirmed by the public security organs will be picked up and cremated by the funeral home after being photographed.
After the remains are cremated, the funeral home shall issue a cremation certificate to the undertaker.
Twenty-first transported to the funeral home remains should be cremated within seven days. If cremation needs to be postponed due to special circumstances, the undertaker shall report to the competent civil affairs department of the funeral parlour for approval.
If the undertaker fails to go through the cremation formalities or postpone the cremation formalities within seven days after the body is transported to the funeral home, the funeral home shall notify the undertaker in writing to handle it within a time limit. If the undertaker fails to handle the funeral within the time limit, the funeral home may cremate the remains after being approved by the competent civil affairs department and reported to the public security organ for the record.
The expenses for the preservation and cremation of the remains shall be borne by the undertaker.
Article 22 After cremation, the funeral parlour shall notify the undertaker to collect the ashes. For more than three months, if the undertaker does not collect it, the funeral parlour can handle it by itself.
If the ashes of the unknown deceased are unclaimed within six months, the funeral home will dispose of them by itself.
Article 23 Funeral service personnel shall abide by the operating rules and professional ethics, implement standardized and civilized services, and shall not make things difficult for funeral undertakers, designate funeral undertakers to choose funeral service supplies and articles, or take advantage of their work to ask for property.
Funeral service charges shall strictly implement the standards set by the provincial price department, and shall not be charged separately outside the standards. Charges in violation of regulations shall be handled by the price department according to law.
Chapter IV Funeral Management
Twenty-fourth remote villages that are not designated as cremation areas and approved by the provincial people's government and are inconvenient to carry out cremation in cremation areas are burial areas.
Twenty-fifth people in the burial area shall be buried in the cemetery or public cemetery after they die in the burial area. In the plain areas where cemeteries have not been built and public welfare cemeteries have not been set up, burial methods of deep underground, leaving no graves and tombstones will be implemented.
It is forbidden to build graves anywhere except cemeteries and public welfare cemeteries.
Twenty-sixth prohibit the construction of graves in the following areas:
(1) Cultivated land and forest land;
(two) city parks, scenic spots, cultural relics protection areas and residential areas;
(3) Near reservoirs, river dams and water source protection areas;
(four) within one kilometer on both sides of the railway and highway trunk lines.
Before the implementation of these measures, graves built in the areas specified in the preceding paragraph shall be moved, demolished or buried within a time limit, except for cemeteries with historical, scientific and artistic value that are protected by the state and approved by the Provincial Civil Affairs Department, without leaving graves and tombstones.
Article 27 Any unit or individual is prohibited from transferring and illegally buying and selling cemeteries and graves.
It is forbidden to build or restore clan cemeteries. It is forbidden to build tombs for the living.
Twenty-eighth graves on the expropriated land shall be reported to the local people's government by the land use unit to announce the relocation of the grave owner within a time limit. The legal construction of the tomb relocation fee paid by the land unit. If the tomb is not moved or there is no owner at the expiration of the period, the land unit can be moved or buried deeply.
Twenty-ninth people's governments in burial areas shall formulate specific plans to promote cremation, create conditions and gradually promote cremation.
Chapter V Management of Funeral Activities and Funeral Supplies
Thirtieth people's governments at all levels and civil affairs departments should take effective measures to strengthen the management of funeral activities and organize regular supervision and inspection of funeral activities within their respective administrative areas.
Article 31 Grassroots organizations in urban and rural areas shall incorporate the reform of funeral customs into villagers' autonomy regulations, village rules and regulations or residents' codes, and may set up mass funeral activities management organizations to promote the reform of funeral customs and provide funeral services for the masses.
Thirty-second funeral undertakers should follow the principles of civilization and economy in handling funerals. Advocate simple funeral, not extravagance and waste.
State functionaries should set an example in reforming funeral customs and strictly implement relevant regulations.
Article 33 A funeral shall not disturb public order, endanger public safety or infringe upon the legitimate rights and interests of others.
It is forbidden to park the remains and erect the spiritual shed in public places such as city streets and residential areas, to play or play funeral music, and to throw and burn money or paper money.
Article 34 It is forbidden to manufacture and sell feudal superstitious funeral supplies such as money and paper.
It is forbidden to sell coffins and other funeral supplies in cremation areas.
Article 35 It is forbidden to use feudal superstitious activities in funeral activities to engage in feudal superstitious activities such as fixing Yin and Yang and watching Feng Shui.
Chapter VI Legal Liability
Thirty-sixth acts in violation of these measures, the relevant laws and administrative regulations have made penalties, in accordance with its provisions.
Thirty-seventh in violation of these measures, one of the following acts, the civil affairs department shall order it to make corrections within a time limit; Refuses to correct, can be enforced, the cost borne by the contractor. When enforcing the law, the local subdistrict office, the township (town) people's government and the unit where the deceased lived shall cooperate with each other:
(1) Burying the remains that should be cremated;
(2) Burying the ashes in a coffin;
(three) the construction of the graves listed in the first paragraph of article twenty-sixth of these measures;
(4) Building graves in places other than cemeteries and rural public welfare cemeteries.
If the deceased is a staff member of a state organ or an employee of an enterprise or institution, the unit to which he belongs shall not pay funeral expenses and funeral difficulties subsidies, except in accordance with the provisions of the preceding paragraph.
Article 38 In urban streets, residential areas and other public places, parking bodies, setting up sheds, playing or broadcasting funeral music, throwing or burning mingbi or paper money shall be stopped by the civil affairs department jointly with the public security organ, the competent department of city appearance and environmental sanitation and the subdistrict office; Violation of public security regulations shall be punished by public security organs according to law.
Article 39 Whoever manufactures or sells funeral articles for feudal superstition, such as Ming coins and paper sticks, or sells funeral articles such as coffins in cremation areas shall be confiscated by the civil affairs department in conjunction with the administrative department for industry and commerce, and may be fined at least three times the manufacturing and sales amount/kloc-0.
Fortieth one of the following acts shall be ordered by the civil affairs department to make corrections; Refuses to correct, forcibly moved out or removed, the cost borne by the responsible person:
(1) Rural public welfare cemeteries provide land for graves for people other than villagers;
(2) Building or repairing clan cemeteries.
Article 41 Whoever obstructs or interferes with funeral management personnel in performing official duties according to law, gathers people to make trouble and violates the regulations on public security management shall be punished by public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-second funeral service personnel use their work to ask for property, and the civil affairs department shall order them to make restitution; The funeral management personnel dereliction of duty, abuse of power, corruption, bribery, administrative responsibility shall be investigated by the competent department; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-third cremation area hospital without the consent of the funeral management agencies, without permission to transport the remains, the health administrative department or the supervision department shall give administrative sanctions to the responsible person.
Chapter VII Supplementary Provisions
Article 44 The undertaker mentioned in these Measures refers to the relatives of the deceased. If the deceased has no relatives, the village (neighborhood) committee of his unit or place of residence shall be the undertaker of the funeral.
Forty-fifth funeral activities of ethnic minorities, if otherwise stipulated by the state, shall be handled in accordance with relevant state regulations.
Funeral matters of overseas Chinese, compatriots from Hong Kong, Macao and Taiwan and foreigners shall be implemented in accordance with relevant state regulations.
Article 46 These Measures shall be implemented as of 1 99965438+February1day. 1986 June 17 The Interim Measures for Funeral Management in Henan Province adopted at the 21st meeting of the Standing Committee of the Sixth People's Congress of Henan Province shall be abolished at the same time.