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CIRCULAR OF THE STATE COUNCIL ON THE APPROVAL AND TRANSMISSION OF THE SCHEME FOR EXPERIMENT ON THE REFORM OF SMALL TOWNSHIP CENSUS REGISTER CONTROL SYSTEM AND ON THE SUGGESTIONS ON THE PERFECTION OF RURAL CENSUS REGISTER CONTROL SYSTEM OF THE MINISTRY OF PUBLIC SECURITY

Category  PUBLIC SECURITY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-06-10 Effective Date  1997-06-10  


Circular of the State Council on the Approval and Transmission of the Scheme for Experiment on the Reform of Small Township Census
Register Control System and on the Suggestions on the Perfection of Rural Census Register Control System of the Ministry of Public
Security


APPENDIX I:SCHEME FOR EXPERIMENT ON THE REFORM OF SMALL TOWNSHIP
APPENDIX II.SUGGESTIONS ON THE PERFECTION OF RURAL CNESUS REGISTER

(June 10, 1997)

    The State Council hereby approves the Reform of Small Township Census Register Control System> and on the Perfection of Rural Census Register Control System> of the Ministry
of Public Security which are transmitted to you for conscientious
implementation.

    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.Eliigibilities 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 afore-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 commesurate
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 bearability, 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 impractically “rushing headlong into action”,
blindly expanding the size of small towns, thus resulting in the “getting-
into-town fever”, “township-building fever” or occuaption 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 mechnical 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 permenent 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 compilance 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

   All 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 responsibilites, 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 responsibilites 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 decalred null and void; those who wilfully make
trouble or make trouble by taking advantage of the situation shall be
meted 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 interpre-
tation 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 CNESUS 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 formualtion 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, carry out 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 permanet
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(multi-
storey 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
“Nineth 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
leadership 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 indiscrimate 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.