| Notice by the General Office of the State Council of the Matters concerning Comprehensive Administrative Enforcement in Agriculture | | 国务院办公厅关于农业综合行政执法有关事项的通知 |
| (Letter No. 34 [2020] of the General Office of the State Council) | | （国办函〔2020〕34号） |
| The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government; and all ministries and commissions of the State Council and all the institutions directly under the State Council: | | 各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
| The Guiding Catalogue for Comprehensive Administrative Enforcement Items in Agriculture (hereinafter referred to as the “Guiding Catalogue”) is an important document for implementing the requirements of integrated law enforcement in agriculture and defining the functions of comprehensive administrative enforcement in agriculture; and the 2020 Guiding Catalogue has been approved by the State Council in principle. With the approval of the State Council, the relevant matters are hereby notified as follows according to the arrangements for deepening the institutional reform of the Party and the State: | | 《农业综合行政执法事项指导目录》（以下简称《指导目录》）是落实统一实行农业执法要求、明确农业综合行政执法职能的重要文件，2020年版《指导目录》已经国务院原则同意。根据深化党和国家机构改革有关部署，经国务院批准，现就有关事项通知如下： |
| I. During the implementation of the Guiding Catalogue, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era shall be taken as the guiding principle, and the spirit of the 19th CPC National Congress and the 2nd, 3rd, and 4th Plenary Sessions of the 19th CPC Central Committee shall be comprehensively fulfilled. In accordance with the decisions and arrangements of the CPC Central Committee and the State Council, the reform of comprehensive administrative enforcement in agriculture shall be vigorously advanced, the functions of administrative enforcement and law enforcement resources shall be properly coordinated and allocated, the issue of overlapping law enforcement shall be effectively resolved, and a strict, impartial and orderly law enforcement with good manners and discipline shall be supported. | | 一、《指导目录》实施要以习近平新时代中国特色社会主义思想为指导，全面贯彻党的十九大和十九届二中、三中、四中全会精神，按照党中央、国务院决策部署，扎实推进农业综合行政执法改革，统筹配置行政执法职能和执法资源，切实解决多头多层重复执法问题，严格规范公正文明执法。 |
| II. The Guiding Catalogue is mainly designed to scrutinize and regulate administrative penalty and administrative enforcement items in agriculture as prescribed in laws and administrative regulations, as well as administrative penalty items as prescribed in departmental rules such as warning and fine. These items will be dynamically adjusted according to the relevant procedures. All provinces, autonomous regions and municipalities directly under the Central Government may add, refine and improve the items, and establish a dynamic adjustment and long-term management mechanism according to the enactment, revision, repeal and interpretation of laws, administrative regulations and departmental rules as well as local legislation. Upon examination and confirmation as required, the relevant items and the catalogue shall be published on the governments' portal websites or by other means in a proper way, and be subject to public supervision. | | 二、《指导目录》主要梳理规范农业领域依据法律、行政法规设定的行政处罚和行政强制事项，以及部门规章设定的警告、罚款的行政处罚事项，并将按程序进行动态调整。各省、自治区、直辖市可根据法律、行政法规、部门规章立改废释和地方立法等情况，进行补充、细化和完善，建立动态调整和长效管理机制。有关事项和目录按程序审核确认后，要在政府门户网站等载体上以适当方式公开，并接受社会监督。 |
III. The management of administrative penalty and administrative enforcement items in agriculture shall be strengthened at the source. All law enforcement items without the basis of any law, regulation or rule shall be abolished. Law enforcement items that need to be retained or are newly added shall go though the examinations of legality, rationality and necessity one by one. Law enforcement items that have legal basis yet have not been applied for a long time and with no need for implementation, or that are overlapped in content, shall be largely removed; and suggestions and recommendations on abolishing or adjusting these items shall be made in a timely manner. If any law, regulation or rule needs to be revised, revisions shall be made before the Guiding Catalogue is adjusted so as to ensure orderly management of law enforcement items.
．．．．．． | | 三、切实加强对农业领域行政处罚和行政强制事项的源头治理。凡没有法律法规规章依据的执法事项一律取消。需要保留或新增的执法事项，要依法逐条逐项进行合法性、合理性和必要性审查。虽有法定依据但长期未发生且无实施必要的、交叉重复的执法事项，要大力清理，及时提出取消或调整的意见建议。需修改法律法规规章的，要按程序先修法再调整《指导目录》，先立后破，有序推进。
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