Government Price Hearing Method

Original Language Title: 政府价格决策听证办法

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(26th of November 22, 2002, the national development planning Commission published) Chapter I General provisions the first price hearing to standardize Government behavior, improving transparency in government price decision of scientific and promote democratization and standardization of Government price decision, in accordance with the People's Republic of China Law on prices, these measures are formulated.
    Second Government price hearing in these measures refers to development (including adjustments, the same below) subject to Government guided or fixed by the Government before the prices of essential commodities and services, organized by the Government Department in charge of price society parties, the argumentation of the necessity and feasibility of setting prices.
    Governmental price policy-making hearing III projects is central and local people's vital interests in the price list utilities price, price and price of natural monopoly public services. The Government Department in charge of price can be determined according to the pricing authority and publish a list of hearing.
    Hearing listed the prices of goods and services should be introduced for the hearing.
    Developed list of hearing other people's vital interests other than the goods and services prices, Government price departments deemed necessary, may also implement a hearing.
    The fourth Government price hearing took the form of hearing.
    Fifth price hearing of the Government should be a just, open, objective and principle of efficiency. Price decision of the Government to fully solicit opinions from all sides.
    Besides involving national secrets and commercial secrets, the hearing shall be held in public.
    Sixth hearing process should be subject to public supervision.
    Chapter organization is seventh in the hearing list of the goods and services the prices of, organized by the Government Department in charge of price hearing.
    Department in charge of price under the State Council and other relevant departments to pricing goods and services prices, hearing organized by the Department in charge of price under the State Council, which, in certain areas within the prices of goods and services, may also appoint Governments of provinces, autonomous regions and municipalities directly under the Department in charge of price hearing.
    Governments of provinces, autonomous regions and municipalities directly under the Department in charge of price prices prices of goods and services and other relevant departments, the people's Governments of provinces, autonomous regions and municipalities directly under the Department in charge of price hearing, city and county governments can also delegate price Department hearing.
    Provincial, autonomous regional and municipal people's Government municipal or County prices prices of goods and services, hearing by the municipal or county people's Government price departments.
    Set the eighth hearing hearing, hearing were held by Government price departments in charge.
    Nineth hearings representatives should have certain universality, representativeness, usually composed of representatives of operators, consumers, relevant departments of the Government representatives as well as relevant economic, technical, legal and other experts and academics.
    Government price departments shall, in accordance with the hearing, arrange and determine the composition and number of representatives hearings. Tenth hearing representatives appointed by the Government Department in charge of price.
    Government representatives employed by the Department in charge of price hearing may take voluntary registration, recommend selection, Commission on social groups or in other ways.
    11th hearing representative may put questions to the applicant, on the necessity and feasibility of setting prices, pricing options for comments, check out the hearing transcripts and minutes of the hearing.
    12th hearing representative shall attend the hearing in person, truthfully reflect the views of the people and all sectors of society to develop price, comply with the hearing disciplines, maintaining the order of hearings, State secrets and commercial secrets.
    13th public hearing, citizens can observe the application to government price departments, approval to participate in the trial.
    Chapter III hearing procedures article 14th price of these measures within the scope of article operator or its competent authorities (hereinafter the applicant), shall, in accordance with the pricing authority regulations apply in writing to the Government price departments.
    Operators may entrust the representative trade associations and other groups as the applicant.
    15th article in the absence of the applicant's case, the Government Department in charge of price or other authorities of the power to set prices (hereinafter referred to as the price decision-making sector), and the need to set the price of these measures within the scope of article, should be based on the pricing authority with reference to the provisions of this chapter pricing scheme, and organized by the Government Department in charge of price hearing. 16th consumer or social groups think that these measures need to be developed within the scope of article price, consumer organizations can delegate hearing application to government price departments.
    Specific measures shall be formulated separately. 17th article applicants proposed of written application should including following material: (a) application units of name, and address, and statutory representative people; (ii) application developed price of specific project; (three) existing price and recommends developed of price, and units price range, and units price amount, and price total; (four) recommends developed price of according to and reason; (five) recommends developed of price on related industry and the consumers of effect; (six) application enterprise near three years business status, and workers number, and cost changes, and financial accounts report,
    Level of per capita GDP, per capita income and the index compared with the industry in the region and the rest of the industry, pricing of the goods or services in the last three years the supply and demand situation and future price trends description; (VII) other materials sought by the Government Department in charge of price. 18th the applicant should be responsible for the authenticity of the material.
    The Government Department in charge of price for a description of the financial situation of the applicant's materials need to be reviewed, you can specify the qualifications accreditation agencies review the financial situation of the applicant, issued by the accreditation body to prove material authenticity and rationality of the evaluation report.
    The 19th Government price departments after receipt of a written request, should undertake a preliminary review of the application materials are complete, verified, the application materials are complete, applicants should be required within a correction.
    Have any of the following circumstances, applications are not accepted by the Government price departments shall: (a) application developed by price is not within the power of the, (ii) to develop the rationale and justification for the price is obviously not sufficient, (iii) prices are not part of the hearing of the applications developed the project, hearing of Government price departments do not consider it necessary.
    20th Government price departments after a written application, that meet the conditions for a hearing, shall, from the date of acceptance of the application made within 20th hearing decisions, and have the pricing power to coordinate with related departments in the preparation of the hearing.
    21st for the public hearing to be held, the Government held a hearing price departments can advance notice of time, place and content. 22nd Government price departments shall be made in the Organization decided to hold hearings within three months of the hearing, and will hire at least held a hearing in the 10th before representative served on the hearing and hearing materials, and ensure representation of participants.
    Hearings should be held above two-thirds representative to attend the hearing.
    23rd article hearing by following program for: (a) hearing host announced hearing matters and hearing discipline, introduced hearing representative; (ii) applicants description pricing programme, and according to and reason; (three) Government price competent sector introduced about price policy, and legal, and regulations, and trial views and the other need description of situation; (four) Government price competent sector requirements review institutions on application party of financial status for review of, by review institutions description review according to and the views;
    (E) hearing on behalf of the applicant's pricing plan to cross-examine and debate (vi) representations of the applicant; (VII) hearing summary; (h) hearings on behalf of hearing transcripts for review and signature.
    24th Government price departments summary of the hearing shall be made after the hearing, and served in the 10th hearing representatives.
    Minutes of the hearing shall include the following information: (a) the basic situation of hearing; (b) hearings on behalf of concise statement (iii) hearings on behalf of the main observations of the pricing scheme.
    Hearing representative doubts the minutes of the hearing can be reflected to the hearing or by Government price departments.
    25th price decision-making departments should be fully taken into account when pricing hearing observations.
    Hearing on behalf of the majority does not agree with the pricing schemes or pricing scheme when there are major differences, price departments shall coordinate adjustment programme of the applicant and, if necessary, by a Government Department in charge of price hearing again.
    Brought to the attention of the people's Government decision approved the final pricing scheme or by the price, after hearing argument, summary of the report should be submitted simultaneously to the hearing, hearing transcripts and related materials.
    26th Government price departments shall be announced to the public pricing of final results. 27th in order to reduce administrative costs, improve administrative efficiency and in reducing the price or price on the social implications of smaller cases, hearings can take a simple program.
    Specific measures determined by price administrative departments at or above the provincial level.
    Fourth chapter legal liability article 28th price decision-making procedures are formulated within the scope of article price, no hearings, announced by the people's Governments at the same level or higher government price departments its breach of the pricing procedure, decision null and void and shall be ordered to correct. The 29th Government price departments and hearing programs, fraud, or engages in violation of provisions, announced by the people's Governments at the same level or higher government price departments hearing invalid, and recommends that relevant organs for their administrative responsibilities.
    In serious cases, leading to wrong decisions, shall be investigated for legal responsibility of the persons concerned.
    Article 30th review issued a false review report, Government price departments shall cancel the specified qualifications and recommends that relevant organs for their respective responsibilities.
    31st the applicant provides false materials, Government price departments shall be ordered to make corrections, and recommends that the relevant bodies shall be subject to the corresponding responsibility.
    The fifth chapter supplementary articles article 32nd requirements may apply for a hearing into the budget at the same level.
    Article 33rd in all provinces, autonomous regions and municipalities directly under the Government Department in charge of price can be based on these measures, formulate specific implementing rules.
    34th article of the approach by the State Development Planning Commission is responsible for the interpretation. 35th article of the measures shall take effect on December 1, 2002.
                                                                                                      Issued by the State Development Planning Commission on July 2, 2001, the Government of interim measures for the price hearing repealed simultaneously.

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