Home Visits Work Approach

Original Language Title: 民政信访工作办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349581.shtml

Home visits work approach

    (Come into force July 1, 2011, the Ministry of Civil Affairs announced on September 1, 2011, 43rd) Chapter I General provisions

    First in order to strengthen the home visits work, protect the legitimate rights and interests of the complainant, maintained violated the order and promoting social harmony and stability, in accordance with the regulations on petition and relevant regulations of the State, combining with the actual home, these measures are formulated.

    Article the petition mentioned in these measures refers to citizens, legal persons or other organizations to adopt letters, phone, visit, e-mail, fax and other forms to the Home Department, requests for suggestions, comments or complaints, handled by the departments of civil affairs activities according to law.

    Article home visits work guided by the following principles:

    (A) classification of territorial management, is responsible for;

    (B) the combining education of law and guidance.

    Civil affairs departments at all levels should set up four home visits work leading group, to establish a unified leadership, accountability, Division of labor and cooperation, joint management petition work pattern.

    Head of the civil affairs departments at all levels should read and important letters, important visit, report regularly hear petition work, study and solve outstanding problems in the work of letters and calls.

    Five civil affairs departments at all levels should improve the legal, scientific and democratic decision-making mechanism, major decisions and social risk assessment mechanism, petition troubleshooting mechanism for resolving mechanism and supervising the work of letters and calls, reduce the occurrence of and to prevent social conflicts from the source, contradictions and disputes in a timely manner to resolve at the grassroots level.

    Sixth civil affairs departments at all levels should strengthen the assessment of the work of letters and calls, the implementation of responsibility system for work of letters and calls, misfeasance, malfeasance in the petition work, shall be investigated for criminal responsibility of the persons concerned; working on the petition gives awards to units and individuals who have made outstanding achievements.

    Chapter petition work organization and personnel

    Article petition civil affairs departments at all levels working bodies responsible for the implementation of mandates assigned by the leading group of letters and calls, undertake the day-to-day work of letters and calls.

    Local civil affairs departments at various levels in the people's Governments at the corresponding level leadership and superior petition work carried out under the guidance of Department of civil affairs.

    Complaint letters and calls reception sites should set the barrier-free facilities, disabled, older persons petition activity. Internal institutions at the eighth civil affairs departments at all levels shall be by petition within the mandate of the business division of the contractor.

    Complaint reporting institutions do of complaint in this sector should be serious, timely, and reply within the specified time limits the result.

    Nineth civil complaint reporting institutions shall perform the following duties:

    (A) the complainant's complaint;

    (B) inform the complainant about the relevant laws, regulations, rules and policies, provide advisory services on Petitions;

    (C) to level the home departments of the internal institutions and the subordinate civil administration transferred, assigned by the complaint;

    (Iv) undertake the tasks assigned by the superior in the departments of Civil Affairs and the people's Governments at the corresponding level of the complaint;

    (E) supervise, coordinate complaint handling and implementation;

    (F) research, analysis, letters and visits, improve policies or recommendations for improving the work in a timely manner;

    (VII) summarize the experience exchange visits work, guide the work of subordinate civil administration petition;   

    (VIII) to level the home departments and departments of civil affairs at a higher level, regularly submit petition statistical analysis reports.

    Tenth District petition staff are subject to the following provisions:

    (A) respect for the complainant, not harassment, discrimination against the complainant;

    (B) to fulfill their duties, handle matters impartially according to law dealing with petitions in a timely manner, without prevarication, perfunctory, delay, and (iii) safekeeping petition materials shall not be lost, hidden or unauthorized destruction;

    (D) compliance with the secrecy may not be the complainant to report and expose material and relevant information revealed or to report and expose personnel or units. 

    (E) direct interest with the complaint or the complainant, should be avoided.

    11th civil affairs departments at all levels should pay attention to letters and visits from the cadre cultivation, use and Exchange.

    Home visits work staff enjoy the petition of the people's Governments at the corresponding level of allowance.

    Chapter petition

    12th civil affairs departments should petition reception sites, the Department's Web site or by other means to the public the following matters:

    (A) the petition work institution mailing address, e-mail address, complaints, complaint letters and calls reception time and place;

    (B) the complaint inadmissible in this sector range;

    (C) home visits work on laws, rules, regulations and complaint handling procedures;

    (D) the complaint treatment progress and outcome of the query;

    (E) other related matters for the convenience of the complainant.

    Article 13th district city and county level people's Government Civil Affairs Department head of reception day system of letters and calls, and coordinate related complaint issues; the complainant reflect the outstanding problems, you can interview the complainant, and coordinate related complaint issues.

    The 14th under the civil affairs departments at all levels should regularly visit, and listen to the views and suggestions of the masses, establishing and perfecting the civil mechanisms for collection and analysis of public opinion.

    15th civil affairs departments at all levels should make full use of the existing resources of governmental information network, improve the level of complaint information, for the complainants in their complaint, query, complaint handling convenience.

    16th civil affairs departments at all levels should establish working mechanisms conducive to the speedy resolution of disputes, it may invite the relevant social service agencies, legal aid institutions will take part in work of letters and calls.

    Chapter fourth complaint acceptance

    17th home visits work agencies after receiving a complaint, should be registered.

    Registration includes: registration number, registered, the complainant's name, sex, address, date of receipt of a complaint, complaint summaries, contact information.

    18th district violated the accepted scope of work under the people's Governments at the same level of work function identified.

    Home visits work organization on a complaint reporting matter, in the following ways:

    (A) belongs to the civil administration functions of complaint should be handled directly, and reflect the nature of the problem, identified by agencies; (B) the complaint relates to civil affairs departments at lower levels, should go lower the Home Department.

    On one of the most important complaint, can be assigned by the subordinate departments of Civil Affairs, requested within the period specified in the results and submit completes reports;

    (C) belongs to the Department of civil affairs units to handle the complaint, shall be transferred or assigned by the relevant units for processing; (d) has or according to law should be resolved through litigation, arbitration, administrative reconsideration is legal channels for complaint, shall advise the complainant, in accordance with the relevant laws and administrative regulations of the program presented to the relevant authorities;

    (E) legal matters do not belong to the Home Department, orally or in writing, advise the complainant to submit to the jurisdiction or agency of the Government of. 19th civil complaint reporting institutions to accept petitions on the spot, shall be accepted on the spot and issued the acceptance notification cannot be accepted on the spot shall be from the date of receipt of the complaint within 15th admissibility and advise the complainant in writing.

    Repeat the complaint, the complainant's name (name), address unknown otherwise. 20th district institution shall set up a complaint handling petition work plans.

    May cause significant social impacts, emergency petitions and petition information should be promptly reported to the people's Governments at the corresponding level and superior civil affairs departments, and within the area of responsibility to take measures to deal decisively to prevent the occurrence of adverse effects, expand.

    The fifth chapter for complaint management and handling

    21st Ministry of civil affairs departments at all levels to handle the complaint, shall, in accordance with the State Council petition petition 32nd of the relevant provisions of the Ordinance, and a written reply to the complainant.

    22nd District complaint reporting institutions in the following scenarios, respectively, in the following ways:

    (A) the complaint has been resolved and the complainants accepted the result, signed by the complainant agreed that can be treated as a written reply;

    (B) the common complaint of many people, can respond to the representative;

    (C) advice and suggestions, comments, type of complaint, either orally or in writing.

    23rd complaint should be concluded within 60 days from the date of acceptance; case complex, approved by the level head of civil affairs departments, and may extend throughout the term, but the extension period shall not exceed 30th, and shall advise the complainant to an extension on the grounds.

    24th complainant refuses to accept the complaint reporting handling to the departments of Civil Affairs, in accordance with the Ordinance and the relevant regulations of the State Council complaint letters and visits an application for review or review.

    Receipt or request for review of the Home Department shall receipt or request for review within 30th of review or review comments, and reply to the complainant in writing.                                                                                                                                                         

    Complaint handling, review the comments made, a complainant was not within the prescribed time without good reason for review, review application, or complainants not satisfied with the review comments, still based on the same facts and grounds for complaint, civil affairs departments at all levels are no longer accepted.

    25th subordinate Civil Affairs Department has one of the following conditions, civil affairs departments at higher levels shall supervise and make recommendations for improvement:

    (A) shall be accepted and refused to accept a complaint;

    (B) processing time limit settles complaint that is not in accordance with the regulations;

    (C) procedures for complaint not according to stipulations;

    (D) feedback an important complaint handling results not according to stipulations;

    (E) prepares petitions prevarication, perfunctory, delay;

    (Vi) not opinion or review, a review petition processing is performed;

    (VII) other circumstances that need supervision.

    Supervising the views and recommendations of the institutions should be received written feedback in the 30th; did not accept the supervision of observations and recommendations shall state the reasons.

    26th child home units and their personnel have declined the petition work perfunctory, delays, deception and without good reason refuses to accept the supervision of observations and recommendations, and cause serious consequences, superior home departments may, in accordance with relevant government departments directly in charge of personnel and others directly responsible shall be given administrative sanctions.

    27th petitioning staff found the complainant in complaint letters and calls reception establishments do not comply with the violated the order, aggressive behavior during the petition process, discouraging, criticism, or education should be carried out; for refusing to listen to dissuade, could lead to broader, timely report to the public security organs in accordance with the disposal.

    The sixth chapter supplementary articles

    28th in the complaint handling process in the form of documents and materials according to the archives managed by the work of letters and calls the relevant provisions of the unified archive. 29th these measures come into force on September 1, 2011. December 23, 1999, the Ministry of Civil Affairs released the home visits work procedures abolished at the same time.