Decision of the Standing Committee of Beijing Municipal People’s Congress on Amending Some Local Regulations

(adopted at the 29th meeting of the Standing Committee of the 15th Beijing Municipal People’s Congress on March 12, 2021)

Announcement of the Standing Committee of Beijing Municipal People’s Congress

[15th] No.46

　　The Decision of the Standing Committee of Beijing Municipal People’s Congress on Amending Some Local Regulations was adopted by the 29th meeting of the Standing Committee of the 15th Beijing Municipal People’s Congress on March 12, 2021, and is hereby promulgated and shall come into force as of the date of promulgation.

Standing Committee of the 15th Beijing Municipal People’s Congress　　　　

March 12, 2021　　

　　The 29th meeting of the Standing Committee of the 15th Beijing Municipal People’s Congress has decided:

　　I. Amend the Regulations of Beijing Municipality on the Prevention and Treatment of Personal Injury Accidents among Primary and Secondary School Students.

　　(1) Article 31 is changed to Article 6, and the first paragraph is amended as: "The municipal and district education departments shall organize schools to take out school liability insurance and additional no-fault liability insurance. The insurance fee is borne by the school organizer. "

　　(2) Article 7 is renumbered as Article 8, and the second paragraph is amended as: "The public security organ shall maintain public order in schools, crack down on illegal and criminal activities that endanger campus safety, and guide and supervise schools to do a good job in security."

　　The third paragraph is amended as: "Planning natural resources, urban and rural housing construction, market supervision and management, emergency and other relevant departments, as well as fire and rescue institutions, shall do a good job in school safety within their respective responsibilities."

　　(3) Article 15 is renumbered as Article 16 and amended as: "After the accident, the school shall immediately rescue the injured students and notify their parents or other guardians in time."

　　(4) Delete the title of Chapter IV "Undertaking and Compensation for Accident Liability".

　　(5) Delete Articles 21, 22, 23, 24, 25, 26, 27 and 29.

　　(6) Article 37 is renumbered as Article 29, and the first item is amended as: "(1) Primary and secondary schools refer to full-time primary schools, junior high schools, senior high schools, various secondary vocational schools, special education schools and specialized schools approved to be established within the administrative area of this Municipality".

　　(seven) the fifth, sixteenth, eighteenth, twentieth in the first paragraph of the "district, county" to "district".

　　(eight) fifth, sixth, sixteenth, seventeenth, second, eighteenth, first, twentieth, thirty-second in the "administrative department of education" to "education department"; The "health administrative department" in the first paragraph of Article 7, Article 33 and Article 36 is amended as "health and health department"; Amend the word "hygiene" in the first paragraph of Article 17 to "hygiene and health"; The term "labor and social security" in Article 38 is amended as "social security of human resources".

　　(nine) the "administrative punishment" in Article 32 and Article 36 is amended as "punishment".

　　Two, the "Regulations" of Beijing technology market to make changes.

　　(1) Article 2 is amended as: "These Regulations shall apply to natural persons, legal persons and unincorporated organizations engaged in technology trading activities such as technology development, technology transfer, technology licensing, technology consultation, technology services and other activities related to the technology market within the administrative area of this Municipality."

　　(2) Amend the "People’s Republic of China (PRC) Contract Law" in Article 8 to "People’s Republic of China (PRC) Civil Code".

　　(3) The term "intermediary" in the second paragraph of Article 16 is changed to "intermediary" and "other economic organizations" is changed to "unincorporated organizations".

　　(four) the "trade association" in Article 19 is amended as "trade association".

　　(5) Add "technology license" after "technology transfer" in the second paragraph of Article 23 and Article 26.

　　(six) delete twenty-eighth.

　　(seven) the "administrative punishment" in article thirty-eighth is amended as "punishment".

　　Three, the "Beijing implementation of the" people’s Republic of China maternal and child health care law "approach" to make changes.

　　(a) delete the seventh "shall not arbitrarily increase or decrease the premarital examination items".

　　(2) Delete Article 10.

　　(three) delete "and individuals engaged in home delivery" in the second paragraph of article thirtieth.

　　(4) Article 32 is changed to Article 31, which is amended as: "This Municipality implements free pre-marital medical examination, and the examination fee is guaranteed by the District People’s Government."

　　(five) the "administrative department of health and family planning" in Article 4, Article 6, Article 13, Article 16, Paragraph 1, Article 23, Paragraph 1, Article 27, Article 28, Paragraph 2, Article 28, Paragraph 3, Article 30, Article 35, Article 36, Article 37 and Article 39 and the "administrative department of health and family planning" in Paragraph 2 of Article 16.

　　(six) the thirty-eighth "health and family planning administration, marriage registration management department" is amended as "health and other departments".

　　(seven) thirty-sixth, thirty-eighth in the "administrative sanctions" to "punishment".

　　Four, the "Regulations" of Beijing patent protection and promotion to make changes.

　　(1) The first paragraph of Article 10 is amended as: "When the municipal market supervision and management department investigates and deals with patent counterfeiting and the municipal patent management department handles patent infringement disputes, it shall investigate and collect evidence according to law, and the relevant units and individuals shall assist and truthfully report the situation, and shall not refuse or obstruct."

　　The "municipal patent administration department" in the second paragraph is amended as "municipal market supervision and administration department".

　　(two) the "municipal patent administration department" in Article 19 is amended as "municipal market supervision and administration department".

　　(three) the "patent management department" in the second paragraph of Article twentieth is amended as "market supervision and management department".

　　(4) One paragraph is added to Article 38 as the second paragraph: "If the state and this Municipality have other provisions on patent evaluation of government-established R&D institutions and institutions of higher learning, those provisions shall prevail."

　　(5) Paragraph 2 of Article 39 is amended as: "Bonuses and remuneration may be paid in cash, equity, options, dividends or other forms agreed by the parties. The amount, time and method of payment shall be agreed upon by the parties according to law. If there is no agreed amount, it shall be determined in accordance with the Law of People’s Republic of China (PRC) Municipality on Promoting the Transformation of Scientific and Technological Achievements, relevant laws and regulations and relevant provisions of this Municipality. "

　　(six) the "districts and counties" in Article 4, Article 5, Article 6, Article 7, Article 8, Article 20, Article 27 and Article 42 shall be changed into "districts".

　　(7) Amend "agriculture" in Articles 5 and 33 to "agriculture and rural areas", and "industry and commerce" in Articles 5 and 9 and "industrial and commercial administration" in Article 49 to "market supervision and management".

　　V. Amend the Regulations of Beijing Municipality on Promoting the Development of Private Individual Economy.

　　(1) Delete Article 11.

　　(2) Article 24 is renumbered as Article 23 and amended as: "The lawful property of private enterprises and individual industrial and commercial households, and the right to name and intellectual property they enjoy according to law shall be protected by law."

　　(3) Article 26 is renumbered as Article 25, and the second paragraph is amended as: "If the houses used by private enterprises and individual industrial and commercial households for production and business activities are expropriated or requisitioned for the needs of public interests, the requisitioner and requisitioner shall give fair and reasonable compensation in accordance with the relevant provisions of the state and this Municipality."

　　(4) Article 39 is renumbered as Article 38 and amended as: "If an administrative organ illegally charges, fines or apportions from private enterprises and individual industrial and commercial households in violation of the provisions of the first paragraph of Article 26 of these regulations, the administrative organ at a higher level shall order it to make corrections and return the money and materials already collected; If the circumstances are serious, the person directly responsible and the principal responsible person of the administrative organ shall be punished. "

　　(five) the "administrative department of human resources and social security" in the second paragraph of Article 15 is changed to "human resources and social security", and the "administrative department" in the second paragraph of Article 18 and Article 22 is changed to "department".

　　Six, the "Regulations" of Beijing Municipality on the protection and management of water conservancy projects are amended.

　　Article 14 is amended as: "Water users supplied by water supply units of water conservancy projects shall pay water charges in accordance with the relevant provisions of the state and this Municipality and the agreement between the two parties."

　　This decision shall come into force as of the date of promulgation.

　　Regulations of Beijing Municipality on the Prevention and Treatment of Personal Injury Accidents among Primary and Secondary School Students, Regulations of Beijing Municipality on Technology Market, Measures of Beijing Municipality on Implementing the Law of the People’s Republic of China on Maternal and Infant Health Care, Regulations of Beijing Municipality on the Protection and Promotion of Patents, Regulations of Beijing Municipality on Promoting the Development of Private Individual Economy and Regulations of Beijing Municipality on the Protection and Management of Water Conservancy Projects are revised accordingly and the order of the provisions is adjusted accordingly, and re-promulgated.