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REGULATIONS ON FUNERAL AND INTERMENT CONTROL

Category  CIVIL ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-07-21 Effective Date  1997-07-21  

Regulations on Funeral and Interment Control



Chapter I  General Provisions
Chapter II  Management of Funeral and Interment Facilities
Chapter III  Handling of Mortal Remains and Control of Funeral Activities
Chapter IV  Management of Funeral and Interment Equipment and Funeral
Chapter V  Penalty Provisions
Chapter VI  Supplementary Provision

(Promulgated by Decree No. 225 of the State Council of the People's

Republic of China on July 21, 1997)
Chapter I  General Provisions

    Article 1  These Regulations are formulated with a view to enhancing
funeral and interment control, pushing funeral and interment reform and
promoting the building of socialist spiritual civilization.

    Article 2  The policy of funeral and interment control is to practise
cremation and reform burial in the ground actively and in steps, economize
land for interment, eliminate undesirable customs in funeral and interment
and encourage the conduct of funeral services in a civilized way and frugally.

    Article 3  The department of civil affairs under the State Council
shall be responsible for funeral and interment control throughout the
country. The departments of civil affairs of local People's Governments
at or above the county level shall be responsible for funeral and interment
control in their respective administrative areas.

    Article 4  Cremation should be practised in areas where there are
dense population, less cultivated land and that are easily accessible;
burials in the ground shall be permitted in areas where there are no
requisite conditions for cremation for the time being.

   The areas to practise cremation and the areas wherein burials in the
ground are permitted shall be delimited by the People's Governments of the
provinces, autonomous regions and municipalities directly under the Central
Government and the delimitations shall be submitted by the departments of civil affairs of the People's Governments at the same level to the department
of civil affairs under the State Council for the record.

    Article 5  In areas where cremation is practised, the State encourages
the disposal of ashes of the dead by depositing the ashes of the dead or in
other ways which do not occupy land or occupy less land. People's Governments
at the county level and People's Governments of municipalities with
subordinate districts and autonomous prefectures should work out concrete
plans for cremation, and integrate the new construction and reconstruction
of funeral homes, crematoria and cinerary halls into urban construction plans
and capital construction plans.

    In areas where burials in the ground are permitted, People's Governments
at the county level and People's Governments of municipalities with
subordinate districts and autonomous prefectures should integrate the
construction of cemeteries into urban and township construction plans.

    Article 6  Funeral and interment customs of minority nationalities
shall be respected; others must not interfere with those who voluntarily
reform the funeral and interment customs.
Chapter II  Management of Funeral and Interment Facilities

    Article 7  Department of civil affairs of the People's Governments of the
provinces, autonomous regions and municipalities directly under the Central
Government should set forth the numbers and distribution plans of such
funeral and interment facilities as funeral homes, crematoria, cinerary
halls, cemeteries and funeral service stations on the basis of the funeral
and interment work plans and funeral and interment requirements of their
respective administrative areas and submit the same to the People's
Governments at the same level for examination and approval.

    Article 8  Schemes for the construction of funeral homes and crematoria
shall be put forth by the departments of civil affairs of People's Governments
at the county level and People's Governments of municipalities with
subordinate districts and autonomous prefectures and submitted to the
People's Governments at the same level for examination and approval;
construction of funeral service stations and cinerary halls shall be
subject to examination and approval by the departments of civil affairs
of People's Governments at the county level and People's Governments of municipalities with subordinate districts and autonomous prefectures;
construction of cemeteries shall be subject to examination and approval
by the departments of civil affairs of People's Governments of the provinces,
autonomous regions and municipalities directly under the Central Government
for examination and approval upon examination, verification and consent of the departments of civil affairs of People's Governments at the county level
and People's Governments of municipalities with subordinate districts and
autonomous prefectures.

    Construction of funeral and interment facilities with foreign investment
shall be submitted to the department of civil affairs under the State Council
for examination and approval upon examination, verification and consent of the departments of civil affairs of People's Governments of the provinces,
autonomous regions and municipalities directly under the Central Government.

    Setting up non-profit graveyards for villagers in the rural areas shall be
submitted to the departments of civil affairs of People's Governments at the
county level for examination and approval upon examination, verification and
consent of People's Governments at the village level.

    Article 9  No unit or individual shall construct funeral and interment
facilities on their own without approval.

    Non-profit graveyards in the rural areas must not provide land for
coffin pits to persons other than the villagers.

    Establishment or restoration of clan graveyards shall be prohibited.

    Article 10  Construction of tombs in the following areas shall be
prohibited:

    (1)cultivated land and forest land;

    (2)urban parks, scenic spots and protected areas of cultural relics;

    (3)places around reservoirs, river dykes and dams and
protected areas of water sources; and

    (4)either side of trunk lines of railways and highways.

    Existing graves in the prescribed areas in the preceding paragraph,
except for those with historical, artistic and scientific values which
shall be retained under state protection, should be shifted or buried deep
within the specified time period without grave mound.

    Article 11  Area for coffin pits in cemeteries and the duration of years
for use shall be strictly restricted. Area for coffin pits for burial of the
mortal remains or burial of ashes of the dead and duration of years for use
in places where burials in the ground or burials of ashes of the dead are
permitted according to plan shall be determined by the People's Governments
of the provinces, autonomous regions and municipalities directly under the
Central Government in accordance with the principle of economy of land and
no occupation of cultivated land.

    Article 12  Funeral and interment units should strengthen the management
of the funeral and interment service facilities, renew and transform the
outmoded cremation equipment to prevent environmental pollution.

    Funeral and interment service personnel should abide by the operational
procedures and professional ethics and provide standardized and civilized
services, and must not seek monetary and material benefits by availing
themselves of the job.
Chapter III  Handling of Mortal Remains and Control of Funeral Activities

    Article 13  The following provisions must be observed in the handling of mortal remains:

    (1)necessary technical treatment must be carried out in the transportation
of mortal remains to ensure hygiene and prevent pollution of environment; and

    (2)cremation of mortal remains must be carried out on the presentation of death certificates issued by public security organs or medical institutions
designated by the department of public health administration under the State
Council.

    Article 14  Conducting of funeral activities must not disrupt public
order, endanger public security and infringe upon the legitimate rights and
interests of other people.

    Article 15  In areas where burials in the ground are permitted, burials
of mortal remains and construction of tombs in any places other than
cemeteries and non-profit graveyards in rural areas shall be prohibited.
Chapter IV  Management of Funeral and Interment Equipment and Funeral
and Interment Articles

    Article 16  Funeral and interment equipment such as incinerators,
hearses and refrigeration chambers for mortal remains must comply with the
technical standards prescribed by the State. Manufacture and sale of funeral
and interment equipment not meeting state technical standards shall be
prohibited.

    Article 17  Manufacture and sale of feudalistic and superstitious
funeral and interment articles shall be prohibited. Sale of such articles
for burials in the ground as coffins in areas where cremation is practised
shall be prohibited.
Chapter V  Penalty Provisions

    Article 18  Whoever constructs funeral and interment facilities on his/her
own without approval, the department of civil affairs shall, in conjunction
with the departments of construction administration and land administration
ban the same, direct him/her to restore the location to original condition,
confisticate the illegal income and may impose a fine more than 100% and less
than 300% of the illegal income.

    Article 19  For area for coffin pits exceeding the standards prescribed
by People's Governments of the provinces, autonomous regions and
municipalities directly under the Central Government, the department of civil
affairs shall direct that they be corrected within the specified time period,
confisticate the illegal income and may impose a fine more than 100% and less
than 300% of the illegal income.

    Article 20  For burial in the ground of mortal remians that should be
cremated, or burial of mortal remains and construction of tombs in places
other than cemeteries and non-profit graveyards in rural areas, directives
shall be issued by the department of civil affairs for corrections within
the specified time period; compulsory execution shall be enforced for
refusal to make corrections.

    Article 21  For disrupting public order, endangering public security and
infringing upon the legitimate rights and interests of other people in the
conducting of funeral activities, the department of civil affairs shall
stop them; for acts constituting violation of public security, the public
security organ shall impose penalty for violation of public security
regulations according to law; those offences constituting a crime shall be
investigated of criminal responsibilities according to law.

    Article 22  Whoever manufactures and sells funeral and interment equipment
not meeting state technical standards, the department of civil affairs shall,
in conjunction with the department of industry and commerce administration,
direct him/her to stop the manufacture and sale and may impose a fine more
than 100% and less than 300% of the amount in manufacture and sale.

    Manufacture and sale of feudalistic and superstitious funeral and
interment articles shall be confisticated by the department of civil affairs
in conjunction with the department of industry and commerce administration,
and a fine more than 100% and less than 300% of the amount in manufacture
and sale may be imposed.

    Article 23  For those funeral and interment service personnel who avail
themselves of the opportunity to seek monetary and material benefits, the
department of civil affairs shall direct them to return what they have
unlawfully taken; those offences constituting a crime shall be investigated
of criminal responsibilities according to law.
Chapter VI  Supplementary Provision

    Article 24  These Regulations come into force as of the date of promulgation. The and Interment Control> promulgated by the State Council on February 8, 1985
is simultaneously annulled.



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