Regulations of Henan Province on the Promotion of Agricultural Mechanization

· Document Number：Annoucement No. 12 of the Standing Committee of the 11th People’s Congress of Henan Province

· Area of Law： Agriculture Animal Husbandry Fisheries Forestry

· Level of Authority： Provincial Local Regulations

· Date issued：09-26-2008

· Status： Effective

· Issuing Authority： Henan Province

Regulations of Henan Province on the Promotion of Agricultural Mechanization
(Adopted at the 5th Meeting of the Standing Committee of the 11th People's Congress of Henan Province on September 26, 2008)
Article 1 These Regulations are enacted with a view to promoting the mechanization of agriculture and the development of modern agriculture in accordance with the Law of the People's Republic of China on the Promotion of Agricultural Mechanization and the relevant laws and regulations and in light of the actual conditions of this Province.
Article 2 For the purposes of these Regulations, agricultural machinery means the machines and equipment used in agricultural production, processing of agricultural products and other activities relating to farming.
These Regulations shall apply to the activities of the scientific research, production, business operation, promotion, use, education and training as well as supervision and administration, etc. relating to agricultural mechanization within the administrative region of this Province.
Article 3 The people's governments at or above the county level shall strengthen leadership over the work of agricultural mechanization, incorporate the promotion of agricultural mechanization into their plans of national economic and social development, and take such measures as financial support, preferential taxation policy as prescribed by the State and financial aid, in order to gradually increase capital input in the mechanization of agriculture, give play to the role of market mechanism, and promote the development of agricultural mechanization.
The people's governments of the townships (towns) shall conduct effectively the work of the promotion of agricultural mechanization in their respective administrative areas.
Article 4 The competent administrative departments for agriculture machinery under the people's governments at or above the county level shall be in charge of the work of agricultural mechanization in their respective administrative areas, and other relevant departments shall, within their respective functions and duties, do a good job in promoting agricultural mechanization.
Article 5 The provincial people's government and the relevant departments thereof shall take measures to organize the entities of scientific research, teaching and production to carry out the basic, crucial and public interest-oriented scientific research in agricultural machinery.
The people's governments at or above the county level shall provide financial support or reward the entities and individuals who have researched and developed as well as introduced and used new agricultural machinery products which correspond to the needs of the local agricultural production and are of great value for extensive application.
They shall encourage and support the scientific research entities and the scientists and technicians of agricultural machinery to promote the industrialization of the outcomes of the scientific research in agricultural mechanization through technology transfers, technology contracts and using technologies as equity investment.
Article 6 The provincial competent administrative department for agricultural machinery shall, on the basis of the plan of agricultural development and the needs of agricultural production, compile the Catalogue of the Projects of Scientific Research in Agricultural Mechanization.
The provincial department of development and reform, and the provincial department of science and technology shall incorporate the scientific research projects of agricultural mechanization into the programs of science and technology development as well as the annual plans, and the provincial finance department shall ensure that these projects are adequately funded.
Article 7 The provincial competent administrative departments for agricultural machinery, the provincial department of finance and the provincial department of development and reform shall, on the basis of the principles of promoting agricultural restructuring, protecting natural resources and the ecological environment, popularizing the use of new agricultural technologies and speeding up the updating of agricultural machines and tools, determine and publish the catalogue of the advanced and appropriate agricultural machines the extension of which is supported by the provincial government, and update the catalogue at regular intervals.
To have their products included in the catalogue mentioned in the preceding paragraph, the manufacturers of agricultural machines shall, on a voluntary basis, submit applications therefor and their products shall be subject to the appraisal by the testing and appraising institutions of agricultural machinery in respect of the state-of-the-art status, utility, safety and reliability, before they acquire the appraisal certificates of agricultural machinery for extensive use.
Article 8 The people's governments at or above the county level may, in light of the actual conditions, set up demonstration bases for agricultural mechanization in different agricultural areas, guide the farmers and the agricultural production service organizations in adopting advanced and appropriate agricultural machines.
Article 9 The people's governments at or above the county level shall step up the establishment of the extension institutions for agricultural machinery teem) logies, perfect the facilities of technology extension, provide free services such as the public interest-oriented promotion of, and training in agricultural machinery for the farmers and agricultural production and operation organizations. The needed funds shall be listed in the fiscal budgets at the same level.
The entities of scientific research, teaching and production and their scientists and technicians shall be encouraged and supported to conduct activities in the extension service of agricultural machinery.
Article 10 The new products and new technologies of agricultural machinery to be extended to the farmers and the agricultural production and operation organizations shall be proved to be advanced and appropriate through experiments in the areas where their use is being promoted.
The extension of new products and new technologies of agricultural machinery shall respect the will of the farmers and agricultural production and operation organizations and meet the needs of the local agricultural development.
Article 11 The production, maintenance and repair and operation of agricultural machines shall be governed by the standards set by the State or the industry standards. In the absence of the standards set by the State or the industry standards, the provincial competent administrative department of standardization shall, in light of the actual needs, organize for the formulation of local standards. In the absence of the afore-mentioned standards, the enterprise shall formulate the enterprise standards.
Article 12 Manufacturers of agricultural machines shall fix safety and protection devices and attach warning signs and warning remarks in Chinese onto the agricultural machines they manufacture in accordance with the requirements of ensuring the safety of the person.
Article 13 Sellers of agricultural machines shall set up the acceptance inspection system for the replenishments of their inventories and sales ledgers for consultation, and check out the quality certificates and other markers.
Article 14 Manufacturers and sellers of agricultural machines shall be responsible for the quality of the machines manufactured or sold by them, and provide after-sale services in accordance with the relevant provisions of the State.
Article 15 Individuals to be engaged in maintaining and repairing agricultural machines shall be in possession of the relevant conditions prescribed by the State, and they will not conduct repairing operations of agricultural machines until they have obtained the certificates of technical qualifications of the corresponding class or grade of agricultural machinery maintenance and repairs. Any person who engages in repairing agricultural machines shall take up the post only after obtaining the corresponding professional certificate of qualifications.
Article 16 The institutions of the appraisal of professional skills in respect of agricultural machines shall, in accordance with the provisions of the State, perform the examination and appraisal of the professional skills needed for the types of work peculiar to the profession of agricultural machinery maintenance and repair and the technical types of work related thereto.
Article 17 The provincial competent administrative department of agricultural machinery shall, on the basis of the complaints of the users of agricultural machines and the actual needs of agricultural production, organize the investigation into the appropriateness, safety, reliability and the after-sale service of the products of the particular types of agricultural machines in use, and make public the outcomes of the investigation.
The manufacturers and sellers of agricultural machines may entrust the testing and appraisal institutions of agricultural machinery to conduct technical appraisal of the appropriateness, safety and reliability of the agricultural machines they produce and sell, in order to provide reference to the farmers and the agricultural production and operation organizations in selecting agricultural machines.
Article 18 The competent administrative departments of agricultural machinery, quality and technical supervision as well as the departments of administration for commerce and industry of the people's governments at or above the county level shall, in line with their respective functions and duties, strengthen supervision and control over the product quality, the quality of maintenance and repairs and the quality of operation of agricultural machines, make public the supervision telephone numbers, put in place supervision letterboxes, accept complaints, investigate and settle quality disputes and protect the lawful rights and interests of consumers.
Article 19 The people's governments at or above the county level shall take measures to encourage and support the development of multi-form organizations of service for agricultural machinery, accelerate the building of the socialized service system of agricultural machinery, promote the marketization, specialization and industrialization of the services for agricultural machinery.
The governments shall encourage and support the establishment of the specialized cooperative organizations of agricultural machinery services, and give a boost to their capacity of service.
Article 20 The competent administrative departments of agricultural machinery of the people's governments at or above the county level shall provide the farmers and the agricultural production and operation organizations with the information relating to the supply and demand of agricultural machinery products, the demand of the operation market, the extension of new products and new technologies, the achievements of scientific research and the administration of agricultural mechanization, etc.
Article 21 The finance departments of the people's governments at or above the county level shall arrange special funds to subsidize the purchase by the farmers and the agricultural production and operation organizations of the advanced and appropriate agricultural machines the extension of which is supported by the State and this Province.
The relevant financial institutions shall provide credit and loans to the farmers and agricultural production and operation organizations to support their buying the advanced and appropriate agricultural machines the extension of which is supported by the State and this Province.
Article 22 The farmers and agricultural production and operation organizations engaged in the business of producing agricultural machines shall enjoy the agricultural power price provided for by the State and this Province.
The tractors which have not been used in road transportation operations shall be exempt from the road maintenance fees.
Article 23 The incomes from the operation of agricultural machines in relation to the services for agricultural production shall be given tax preferences in accordance with the provisions of the State.
Article 24 The people's governments at all levels shall take measures to strengthen the construction and maintenance of the infrastructure for agricultural mechanization such as the mechanized farming roads etc, so as to create conditions for agricultural mechanization.
The land used as the parking lots of agricultural machines owned by the big household owners and the agricultural production and operation organizations, and that used for the construction of garages and machine sheds shall be incorporated into the administration of land for agricultural use.
Article 25 The people's governments at all levels and the relevant departments thereof shall support the operation across administrative areas of agricultural machines.
The departments of agricultural machinery, public security and communications etc. shall organize, coordinate as well as supervise and control the operation across administrative areas of agricultural machines, maintain the order of operation, provide passage convenience and technical services, ensure the safety of the person and property of the operators, accept the inquiries and complaints from the operators of agricultural machines.
The agricultural machines and the vehicles transporting the said machines shall be exempted from road tolls on the strength of the certificates of operation across administrative areas of agricultural machines issued by the competent provincial administrative department of agricultural machinery.
Article 26 The institutions of supervision and control over safety of agricultural machines under the competent administrative departments of agricultural machinery of the people's governments at or above the county level shall be responsible for the work of supervision and control over the safety of agricultural machines within their respective administrative areas. The concrete measures of supervision and control over the safety of agricultural machines shall be formulated by the provincial people's government.
Article 27 The tractors, the combine harvester and other self-propelled agricultural machines shall be put to use only after they have been duly registered by the competent administrative departments of agricultural machinery of the people's governments at or above the county level. If such machines are needed urgently for temporary use before they are registered by the competent administrative departments of agricultural machinery, the temporary licenses and number plates will have to be obtained for them.
Article 28 The drivers who drive tractors and combine harvesters shall obtain driving licenses according to law.
The drivers of tractors, combine harvesters and the operators of other agricultural machines shall abide by the provisions of the safe operation norms of agricultural machines when driving and operating their machines.
Article 29 The relevant colleges, schools and vocational training institutions of various kinds shall be encouraged to provide training services to the persons on how to use, maintain and repair and manage agricultural machines.
Article 30 The training of tractor and combine harvester drivers, etc. shall be socialized The training schools and training courses for tractor and combine harvester drivers may not carry out training activities until they have obtained the training licenses of tractor and combine harvester drivers issued by the provincial competent administrative department of agricultural machinery.
Article 31 The people's governments at or above the county level shall incorporate the production safety of agricultural machines into the goal of production safety. The competent administrative departments of agricultural machinery shall establish and perfect the responsibility system of production safety, strengthen publicity for the safety law and regulations of agricultural machines as well as the knowledge of production safety, carry out safety inspections according to law, strengthen the supervision over agricultural machines, rectify the acts that violate the regulations, prevent and reduce the occurrence of accidents relating to agricultural machines.
Article 32 These Regulations shall be effective as of January 1, 2009.