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CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING TRANSMITTING SUGGESTIONS SUBMITTED BY THE MINISTRY OF CIVIL AFFAIRS ON FURTHER STRENGTHENING THE MANAGEMENT OF CEMETERIES

    Reform in the funeral system is to carry out a social reform changing
customs and traditions as a component part in the construction of socialist
spiritual civilization. The management of cemeteries is the important content
of the reform of the funeral system. For over 40 years since the founding of
our People's Republic, gratifying achievements have been made in our country's
reform of the funeral system. However, there are still some problems we cannot
ignore in the construction and management of cemeteries. For instance, some
localities approve the construction of cemeteries without planning, resulting
in the waste of land resources, the deterioration of ecological environment
and the prevalence of feudal superstition on the excuse of making funeral
arrangements; some units operating cemeteries (or pagoda cemeteries) conduct
illegal marketing activities such as pyramid sales of and speculation in
graves and cells for the storage of ashes, which have infringed on the
interests of the masses and produced some factors of insecurity. These
problems gravely affect the reform of the funeral system and the construction
of socialist material and spiritual civilization. Local people's governments
at various levels and units concerned should make full understanding of the
importance of the construction and management of cemeteries, conscientiously
strengthen the leadership and take resolute and effective measures to
intensify the management of cemeteries and do a good job in the reform of the
funeral system.

    With the approval of the State Council, we hereby transmit to you the
Suggestions Submitted by the Ministry of Civil Affairs on Further
Strengthening the Management of Cemeteries. You are required to implement them
seriously in the light of actual situations.

APPENDIX: SUGGESTIONS ON FURTHER STRENGTHENING THE MANAGEMENT OF
CEMETERIES (Submitted by the Ministry of Civil Affairs on January 6, 1998)

    In recent years, local departments of civil affairs at various levels have
made some achievements in strengthening the management of cemeteries
(including facilities for the storage of ashes such as pagoda cemeteries, the
same below) in accordance with the Report Submitted by the Ministry of Civil
Affairs on Strengthening the Management of Cemeteries and the Provisional
Measures of the Ministry of Civil Affairs for the Management of Cemeteries,
approved and transmitted by the State Council, and have made positive
contributions to promoting the reform of the funeral system. However, there
are still some problems at present we cannot ignore in the construction and
management of cemeteries. Some departments, units or individuals, in defiance
of the provisions of the state on the management of cemeteries, approve the
construction of cemeteries without planning, resulting in the waste of land
resources and the deterioration of ecological environment, and consequently, a
large quantity of activities of feudal superstition have reappeared and
funeral arrangements become more extravagant following outmoded conventions.
Some units operating cemeteries, for the purpose of seeking illegitimate
profits, confuse cells for the storage of ashes with general commodities, use
appreciation as bait, deceive the masses into scrambling for the cells by
purchase, unscrupulously conduct illegal marketing activities of pyramid sales
and speculation, which have infringed on the interests of the masses and
produced some factors of insecurity. These problems gravely affect the reform
of the funeral system and the construction of socialist material and spiritual
civilization. In order to conscientiously implement the Regulations on the
Administration of Funeral Activities promulgated by the State Council, protect
land resources, promote the construction of material and spiritual
civilization and maintain social stability, actual and effective measures must
be taken to further strengthen the management of cemeteries. Accordingly, we
hereby offer the following suggestions.

    1. To Conscientiously Develop a Programme for Making Rectifications in the
Management of Cemeteries

    People's governments of provinces, autonomous regions and municipalities
directly under the Central Government shall organize departments of civil
affairs, public security, land administration, industry and commerce
administration and other relevant departments in concentrating their work on
developing a programme for making rectifications in the management of
cemeteries during a period of time.

    (1) Scope of Rectification

    a. Illegal cemeteries, referring to those constructed without the approval
of departments (or bureaux) of civil affairs under provinces, autonomous
regions or municipalities directly under the Central Government, as well as
those constructed in cooperation with overseas investors by absorbing overseas
investments (including from Hong Kong, Macau and Taiwan) without the approval
of the Ministry of Civil Affairs and the State Planning Commission.

    b. Units operating cemeteries, though established with approval, building
facilities for feudal superstition in cemeteries, conducting illegal marketing
activities or putting cemeteries into operation without the acceptance
procedures upon completion of the construction projects.

    c. Non-profit-making cemeteries selling graves and cells for the storage
of ashes, engaging in marketing activities.

    (2) Measures of Rectification

    a. Illegal cemeteries constructed within the areas in which the
construction of cemeteries is prohibited by the state must be banned and the
land occupied shall be handled by departments of land administration according
to law. Local people's governments shall, in the light of specific conditions,
work out actual and feasible measures to properly solve problems involved.

    b. With regard to illegal cemeteries constructed in barren hills or
wasteland and with a small amount of tombs, local governments shall order
units constructing these cemeteries to move tombs to legal cemeteries; if the
amount of tombs is so large that it is difficult to move them for the time
being, sale of graves shall be stopped and units constructing these cemeteries
shall plant trees to beautify the environment within a time limit and subject
themselves to supervision of the government department in charge of funeral
activities, or shall pay fees for maintaining cemeteries and fees for planting
trees and transfer cemeteries to the government department in charge of
funeral activities for management. Upon expiration of the period for use of
graves, tombs must be moved and the land be restored to its original state.

    With regard to illegal cemeteries really needed in localities and not
contravening the planning for the construction of cemeteries, units
constructing cemeteries shall go through the examination and approval
procedures and subject themselves to supervision of the government department
in charge of funeral activities.

    c. Those who build facilities for feudal superstition or conduct
activities of feudal superstition in cemeteries shall be ordered to stop
activities of feudal superstition and demolish facilities for feudal
superstition within a time limit. Anyone who disturbs the social order in
disregard of dissuasion shall be penalized in accordance with the Regulations
on Administrative Penalties for Public Security.

    d. Illegal marketing activities such as pyramid sales of and speculation
in graves and cells for the storage of ashes shall be banned resolutely by
taking some measures and shall be penalized according to relevant provisions.

    e. Non-profit-making cemeteries selling graves and cells for the storage
of ashes in violation of provisions shall be ordered to stop the marketing
activities. Sales of graves and cells for the storage of ashes shall be
treated as illegal acts of transfer.

    f. Illegal cemeteries constructed without approval after the promulgation
of the Regulations on the Administration of Funeral Activities shall be
handled in accordance with the provisions of Article 18 of these Regulations.

    2. To Further Strengthen the Management of Cemeteries and Take Tight
Control of the Development of Cemeteries

    (1) To take tight control of the development of cemeteries. Departments of
civil affairs in provinces, autonomous regions and municipalities directly
under the Central Government shall, in accordance with the provisions of the
Regulations on the Administration of Funeral Activities and in the light of
actual situations, work out the planning for the construction of cemeteries as
soon as possible and, upon examination and approval of the people's government
at the corresponding level, submit it to the Ministry of Civil Affairs for the
record. Construction of new cemeteries shall be suspended before acceptance of
the record by the Ministry of Civil Affairs. Efforts shall be made to
introduce the modes of handling ashes such as ashes storage, planting trees
with ashes and ashes scattering, in which no land or less land will be
occupied. The construction of facilities for the storage of ashes shall be
planned rationally in the light of the population and its distribution in a
locality. In areas having not the conditions to practise cremation, cemeteries
for remains must be planned in a scientific manner by selecting sites of
cemeteries in barren hills and wasteland, banning the occupation of cultivated
land and forest land and advocating deep burials without grave mounds left.
Restrictions shall be placed on the development of cemeteries in areas
practising cremation because cemeteries there shall be deemed as a way of
transition to handle ashes at the present stage and not the aim of our reform
in the funeral system. Departments of civil affairs in all localities must
comply with the provisions of the Regulations on the Administration of Funeral
Activities and the planning for the construction of cemeteries and shall be
stricter from now on in examining and approving the construction of cemeteries.

    (2) To place strict restrictions on the land areas and periods for use of
graves. From now on, any tomb for burying ashes of one or two persons shall
not cover an area of above one square metre; any tomb for burying remains of a
single person not above four square metres and any tomb for burying remains of
two persons not above six square metres. From now on, 20 years shall not be
exceeded in principle as the period for use of graves and cells for the
storage of ashes.

    (3) To conscientiously strengthen the internal management of units
operating cemeteries. Attention shall be paid to plant trees and beautify
cemeteries, advocate small-size and diversified gravestones and give more
cultural and artistic flavours. Units operating cemeteries shall strengthen
the collection and administration of fees for maintenance of cemeteries and
fees for planting trees in cemeteries, set up a special account, use the fees
for specified purposes and subject themselves to supervision of the department
of civil affairs at the next higher level. Within cemeteries constructing
facilities for feudal superstition and engaging in activities of feudal
superstition shall be strictly prohibited. Constructing cemeteries for
clansmen and cemeteries for persons alive shall be strictly prohibited.

    (4) In principle all units operating cemeteries shall not establish
trans-provincial sales agencies. If it is necessary to establish such agencies
due to special circumstances, approval shall be obtained from departments of
civil affairs at the provincial level in two places where the unit operating a
cemetery is located and where the sales agency is to be located. The
department for administration of industry and commerce shall handle the
registration procedure according to relevant provisions and documents of
approval from departments of civil affairs at the provincial levels in two
places.

    (5) Pyramid sales of and speculation in graves and cells for the storage
of ashes shall be strictly prohibited. Prices of graves and cells for the
storage of ashes shall be fixed reasonably and marked clearly. For supply or
sale of graves and cells for the storage of ashes, subscribers shall be
required to present the certification of cremation (in areas practising
cremation) or the certification of death (in reformed areas practising burials
in the ground) and measures shall be taken, such as using standardized burial
and arrangement certificates and establishing a strict system for sales and
registration, in order to prohibit pyramid sales and speculation and protect
the legitimate interests of the masses.

    (6) Departments of civil affairs in provinces, autonomous regions and
municipalities directly under the Central Government shall strengthen the
management of cemeteries within their respective administrative regions. An
annual inspection system for cemeteries shall be established and perfected, by
which annual inspections of cemeteries (including ones constructed in
cooperation with overseas investors) shall be conducted seriously in
conjunction with other relevant departments. Cemeteries having passed annual
inspections may be allowed to continue their business, and those who fail in
annual inspections shall be ordered to make corrections within a fixed time
limit and, if they refuse to do so within the time limit, shall be ordered
jointly by other relevant departments to suspend the business for
rectifications. The results of annual inspections shall be made public for
supervision.

    3. Local People's Governments at All Levels Should Strengthen Leadership
and Relevant Departments Should Support and Closely Cooperate with Each Other.

    Local people's governments at all levels and all relevant departments
should proceed from the considerations of the whole country's interests,
deepen their understanding of the significance of strengthening the management
of cemeteries, conscientiously strengthen leadership and place the
rectifications programme in cemeteries on the top of their agenda. The
rectifications programme involves a wide range of subjects and is difficult to
develop. Therefore, people's governments of provinces, autonomous regions and
municipalities directly under the Central Government should, in the light of
actual situations of localities and in accordance with the Regulations on the
Administration of Funeral Activities and other relevant provisions, work out
detailed measures for the rectifications programme in cemeteries and should
coordinate their actions well and take actual and effective steps of
implementation. Meanwhile, attention should be paid to publicity and education
in order to gain the understanding and support from the broad masses of the
people, develop the rectifications programme vigorously and steadily, really
remove obstacles and resolve problems in the work and ensure the smooth
progress in rectifications. Departments of civil affairs at all levels should
play their roles as competent authorities, perform their functions in real
earnest, report problems emerging in the rectifications in time to the local
people's government, offer suggestions for resolving these problems and act
as capable advisers and assistants. Considerations shall be given to
departments of civil affairs at the grass-roots level and agencies for the
administration of funeral activities by bringing into full plan their roles to
promote the smooth progress in rectifications. Departments for public
security, industry and commerce administration and land administration and
other relevant departments should firmly support and closely cooperate with
each other and, under the unified leadership of the local government, develop
the programme for rectifications in cemeteries. People's governments at the
grass-roots level or relevant departments that have approved the construction
of cemeteries beyond their respective terms of reference should take vigorous
actions to assist departments of civil affairs in making rectifications in
cemeteries to which they granted approval.

    Departments (or bureaux) of civil affairs in provinces, autonomous regions
and municipalities directly under the Central Government should report in time
the progress in making rectifications in cemeteries to local people's
governments and the Ministry of Civil Affairs.