Procedures of Shanghai Municipality on the Administration of Public Cemeteries

(January 4, 2018)

Chapter I  General Provisions

Article 1(Purpose and Basis)

With a view to strengthening the administration of public cemeteries (hereinafter “cemeteries”), these Procedures are formulated in accordance with the Regulations on the Administration of Funeral and Interment made by the State Council, the Regulations of Shanghai Municipality on the Administration of Funeral and Interment and other relevant state provisions, as well as in the light of the actual circumstances of this Municipality.

Article 2(Application Scope)

The units and individuals that operate and use cemeteries within this Municipality shall comply with these Procedures.

Article 3 (Definition)

The cemeteries in these Procedures include commercial cemeteries, public welfare cemeteries, and public welfare burial sites. Commercial cemeteries are cemeteries where citizens pay to bury ashes. Public welfare cemeteries are cemeteries where local villagers’ ashes are buried. Public welfare burial sites are sites where local villagers bury ashes deep in the ground.

The cemetery agency mentioned in these Procedures means a service agency that sells tombs of a cemetery as an agent.

Article 4 (Competent Department)

Shanghai municipal civil affairs administrative department (hereinafter referred to as the municipal civil affairs administrative department) is the competent department for cemetery administration of this Municipality, and its subordinate Shanghai Funeral and Interment Administrative Division shall be responsible for the specific administration of cemeteries in this Municipality.

The district civil affairs administrative department shall be responsible for the administration of cemeteries within their respective areas.

Article 5 (Departmental Duties)

Relevant functional departments of the people’s governments at all levels shall, according to their respective functions and duties, ensure the cemeteries are administrated well.

Article 6 (Principles of Cemetery Construction and Overall Size Control)

The construction of cemeteries shall follow the principles of economical land use and breaking with dated customs.

According to the requirements of urban construction planning, this Municipality shall control the overall sizes of cemeteries.

Chapter II  Application，Examination and Approval

Article 7(Prohibition of Cemetery Construction Without Approval)

This Municipality shall implement a licensing system for cemetery construction. No cemetery shall be constructed without approval.

It is prohibited to construction cemeteries (tombs) and raise monuments without approval.

Article 8(Qualifications for Application)

The municipal and district public institutions for funeral and interment may apply to build commercial cemeteries. The township people’s governments may apply to build public welfare burial sites.

No new public welfare cemeteries shall be built.

Article 9(Application Conditions)

To apply to build a commercial cemetery or public welfare burial site, the following conditions shall be met:

1. The selection of the burial site must comply with the urban master plan and the regional plan.

2. The burial site must be over 2,000 kilometers away from a scenic spot, over 50 meters away from a railway, and over 30 meters away from a highway or a main river.

3. A burial site shall use inferior-quality land such as high land, low-lying land, and saline and alkaline land, and shall not occupy vegetable fields.

4. A commercial cemetery shall not occupy over 150 mu (with a mu equaling about 666.7 sq m) of land, and shall not have sub-cemetery or sub-tomb-area; a public welfare burial site shall not occupy over two mu of land.

5. A commercial cemetery must have pedestrian and vehicle gathering and dispersing places well as separate vehicle entry and exit lanes.

Article 10(Application Procedures and Material Submission)

A unit that applies to build a commercial cemetery or public welfare burial site shall file an application to the district civil affairs administrative department of the locality of the cemetery, and submit the following written materials:

1. the applicant’s qualification certificate;

2. the application form;

3. the examination and approval opinions of the government at or above the district level on land use;

4. the examination and approval opinions of the planning department of the government at or above the district level;

5. the feasibility study report; and

6. other relevant materials.

Article 11(Examination and Approval Procedure)

The district civil affairs administrative department shall make a preliminary examination decision within 20 days of receiving the application, and report its decision to the municipal civil affairs administrative department upon approval after the preliminary examination. The municipal civil affairs administrative department shall make an examination decision within 20 days of receiving the report.

Article 12(Service Certificate)

A unit that is approved to build a commercial cemetery upon approval according to law shall, after the building of the said cemetery, be issued the Funeral Service Certificate. The Certificate shall be printed in a uniform way by the municipal civil affairs administrative department.

The cemetery operator must take the Funeral Service Certificate to the municipal civil affairs administrative department for the annual re-check every year. The operator who fails to undergo the re-check before the expiry of the Certificate or fails to pass the re-check shall not continue to operate cemetery activities.

Article 13(Land Expansion)

A land use unit that applies to expand a commercial cemetery or public welfare burial site shall handle the matter according to the provisions of these Procedures on the procedure of building a cemetery.

The area of a public welfare cemetery shall not be expanded.

Chapter III  Operation and Administration

Article 14 (Proof, Contract, Certificate, and Prohibited Matters)

A cemetery operator shall sell a tomb only upon the tomb subscriber’s presentation of a cremation proof issued by a funeral parlor (crematory), sign a tomb sale contract with the subscriber and issue a tomb certificate thereof.

A tomb sale contract shall have the following main terms:

1. the names and residences (addresses) of both parties concerned;

2. the area and position of the tomb;

3. the period of tomb use;

4. the price of the tomb and the mode of payment thereof;

5. the fee for the cemetery maintenance and the mode of payment thereof;

6. the conditions for contract change, dissolution and termination;

7. the liability for breach of the contract;

8. the solutions to disputes arising from the contract; and

9. other contents stipulated through negotiation by the parties concerned.

Burial of remains and bodies in a cemetery is prohibited.

Article 15(Standards for Tomb Land Occupation and Use)

The tombs in a cemetery shall not occupy over 60% of the total area of the cemetery.

An aisle between tombs shall not be less than 0.6 meter in width.

A single tomb or double tomb sold by a cemetery operator shall not occupy an area of over one square meter.

Article 16 (Prohibition of Sale of a Tomb Built Before One Dies)

The sale of a tomb built before one dies is prohibited, except for the tombs to be bought for the living spouse of a dead person to be buried together, for an elderly person without a child, or in other special situation.

The sale of a family tomb or a clan tomb is prohibited.

Article 17 (Prohibition of Illegal Agency Service)

A cemetery agency shall not provide cemetery services for an illegal cemetery operator.

Article 18(Prohibition of Commercial Operation of Public Welfare Cemeteries and Burial Sites)

A unit engaging in public welfare cemetery or public welfare burial site services shall not conduct business activities of a commercial cemetery.

Cemetery (tomb) construction and monument erection without approval shall be prohibited in a public welfare burial site.

Article 19(Right of Tomb Use)

The use right of a tomb shall not exceed 70 years.

A tomb purchaser shall not transfer or sell his/her tomb.

Article 20(Change of the Use Purpose of a Tomb)

A unit that applies to change the use purpose of a commercial cemetery shall report it to the people’s government and the planning administrative department at or above the district level and the municipal civil affairs administrative department for examination and approval. If the use purpose of the tomb is changed upon approval, the original Funeral Service Certificate shall be canceled. The applicant unit shall be responsible for relocating the sold tomb and bear the corresponding compensation liability.

It is prohibited to change without authorization the use purpose of a commercial cemetery.

Article 21 (Prohibition of Superstitious Activities)

It is prohibited to burn tinfoil paper, imitation paper money, joss paper, paper binding and other superstitious articles or to set off fireworks and firecrackers in a cemetery.

Article 22(Receipt)

The operator of a cemetery or a cemetery service agency shall use the special receipt of funeral service printed in a unified manner by the Municipal Finance Bureau.

Article 23(Fee for Cemetery Maintenance)

A tomb subscriber shall pay the maintenance fee to the commercial cemetery operator. Where he/she does not pay the fee for three consecutive years, the operator shall issue a notice letter thereto, and if he/she still does not make the payment thereafter, the operator shall make an announcement in a main newspaper of this Municipality. If he/she still does not make the payment within three months from the announcement, the said tomb shall be handled as an ownerless tomb.

A cemetery operator shall reserve a certain proportion of the tomb sales income as the cemetery maintenance fee.

The maintenance fee shall be used specially for the expenditure of cemetery management after all the tombs of the cemetery are sold out, and the maintenance fee of a commercial cemetery shall be prohibited from being diverted for other purposes.

Article 24(Cemetery Maintenance)

A cemetery operator shall maintain the order in the cemetery and be responsible for the greening of the cemetery and the repairs and maintenance of the tombs.

Article 25(Approval of the Maintenance Fee)

The standards for maintenance fee payment shall be proposed by the municipal civil affairs administrative department and be reported to the Municipal Price Bureau, which shall, jointly with the Municipal Finance Bureau, consider whether to approve the standards.

Chapter IV  Provisions on Penalty

Article 26(Penalty)

In the case of units or individuals that violate these Procedures, the municipal or district civil affairs administrative department shall impose penalties according to the following provisions:

1. Violators of Clause 1 of Article 7 of these Procedures shall be ordered to suspend construction and relocate their tomb within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of not less than 10,000 yuan but not more than 50,000 yuan; violators of Clause 2 of Article 7 shall be ordered to relocate their tomb within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of not less than 100 yuan but not more than 500 yuan.

2. Violators of Clause 2 of Article 12 of these Procedures shall be ordered to accept a re-check within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of 500 yuan.

3. Violators of Article 13 of these Procedures shall be ordered to stop operating cemetery services on the land that is expanded without approval and relocate the tombs and to withdraw from the expanded land within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of not less than 10,000 yuan but not more than 50,000 yuan.

4. Violators of Clause 1 of Article 14 of these Procedures shall be ordered to make corrections within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of not less than 5,000 yuan but not more than 20,000 yuan; violators of Clause 3 of Article 14 shall be ordered to make a cremation of the remains and bodies within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of not less than 10,000 yuan but not more than 50,000 yuan.

5. Violators of Clause 1 of Article 15 of these Procedures shall be ordered to make corrections within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of 20,000 yuan for each square meter that exceeds the prescribed proportion; violators of Clause 2 or 3 of Article 15 shall be ordered to make corrections within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of not less than 10, 000 yuan but not more than 50,000 yuan.

6. Violators of Clause 1 of Article 16 of these Procedures shall be ordered to make corrections within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of not less than 10,000 yuan but not more than 50,000 yuan; violators of Clause 2 of Article 16 shall be ordered to dismantle the tombs within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of not less than 50,000 yuan.

7. Violators of Article 17 of these Procedures shall be ordered to suspend business for a rectification, have their illegal gains confiscated, and be punished with a fine of not less than 1,000 yuan but not more than 20,000 yuan.

8. Violators of Clause 1 of Article 18 of these Procedures shall be ordered to stop operation, have their illegal gains confiscated, and be punished with a fine of 50,000 yuan; violators of Clause 2 of Article 18 shall be ordered to relocate the tomb within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of not less than 5,000 yuan but not more than 10,000 yuan.

9. Violators of Clause 2 of Article 19 of these Procedures shall be ordered to make corrections within a prescribed time limit, have their illegal gains confiscated, and be punished with a fine of not less than 1,000 yuan but not more than 5,000 yuan.

10. Violators of Clause 2 of Article 20 of these Procedures shall have their illegal gains confiscated and be punished with a fine of 50,000 yuan, and those who have not yet made actual change thereafter shall be ordered to make corrections within a prescribed time limit.

11. Violators of Article 21 of these Procedures shall be punished with a fine of not less than 100 yuan but not more than 500 yuan.

12. Violators of Article 22 of these Procedures shall have their illegal gains confiscated, and be punished with a fine of not less than 5,000 yuan but not more than 10,000 yuan.

13. Violators of Clause 3 of Article 23 of these Procedures shall be ordered to recover the misused fee within a prescribed time limit, and be punished with a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Where a district civil affairs administrative department applies the provisions of the preceding clause of this Article to impose a fine of not less than 10,000 yuan for violation of these Procedures, it shall report the penalty to the municipal civil affairs administrative department for approval.

Article 27(Handling by Other Departments)

Where violation of laws, rules or regulations on public security, industry and commerce, planning, or land is involved, the relevant competent department shall handle the case according to law.

Article 28(Notice of a Penalty Decision and Penalty Bill)

The municipal or district civil affairs administrative department shall issue a notice of the penalty decision when making an administrative penalty. When collecting the fine, it shall issue a receipt of fines printed in a unified manner by the Municipal Finance Bureau. The said fine shall be turned over to the state treasury.

Article 29(Handling of Obstruction of Performance of Duties)

Where someone, without using the methods of violence and threat, refuses or hinders civil affairs administrators’ legal performance of duties, the public security department shall handle the case according to the Law of the People’s Republic of China on Public Security Administration and Imposition of Punishment; if a crime is constituted, the wrongdoer shall be prosecuted for criminal liability according to law.

Article 30(Reconsideration and Lawsuit)

If a party concerned disagrees with a specific administrative act made by an administrative department, it/he/she may apply for administrative reconsideration or bring an administrative lawsuit according to the Law of the People’s Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People’s Republic of China.

Where the party concerned does not apply for administrative reconsideration, nor brings an administrative lawsuit, nor performs the said act within the prescribed time period, the department that has made the decision of administrative penalty may apply to the people’s court for enforcement according to the Administrative Litigation Law of the People’s Republic of China.

Article 31(Requirements for Civil Affairs Administrators)

The civil affairs administrators shall strictly observe law and discipline, and enforce the law impartially. As for those who play favoritism and commit irregularities, solicit or accept bribes, or make illegal execution, their respective competent department shall impose an administrative penalty thereon; if a crime is constituted, the wrongdoer shall be prosecuted for criminal liability according to law.

Chapter V  Supplementary Provisions

Article 32 (Administration of Other Tombs)

The administration of cemeteries of the Hui people, and of overseas Chinese, universal cemeteries, tombs of revolutionary martyrs, of celebrities, and of overseas Chinese ancestors, and ancient tombs with historic, artistic and scientific value shall follow relevant provisions.

Article 33 (Burial of Deposited Ashes)

The administration of wall burial, pagoda burial and long-term ashes storage rooms shall be implemented with reference to these Procedures.

Article 34 (Special Provisions for the Pudong New Area)

The cemetery administration in the Pudong New Area shall be in the charge of the civil affairs administrative department of the Pudong New Area according to the authority vested in a district civil affairs administrative department provided by these Procedures.

Article 35(The Department for Application Interpretation)

The municipal civil affairs administrative department shall be responsible for interpreting the specific application of these Procedures.

Article 36(Effective Date)

These Procedures shall be effective as of January 1, 1995.