Gansu Province On The Administrative Efficacy Supervision Approach

Original Language Title: 甘肃省行政效能监察办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379345.shtml

Gansu province on the administrative efficacy supervision approach

    (October 25, 2012 116th meeting consideration of the people's Government of Gansu province on October 30, 2012, 93rd promulgated by the people's Government of Gansu province as of January 1, 2013) Chapter I General provisions

    First in order to standardize the administrative efficacy supervision work, urging implementation of administrative organs in accordance with the Administration, to improve administrative efficiency, optimizing the economic environment for social development, in accordance with the People's Republic of China on administrative supervision law and the People's Republic of China civil service law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Second way applies to administrative organs at various levels in the province and its civil servants, appointed by the executive officers and civil service management administrative efficacy supervision of institutions and their staff.

    Article III administrative efficacy supervision in these measures refers to supervisory organs to monitor the object to perform the statutory duties of the efficiency, effectiveness, benefits of monitoring activities.

    Fourth people's Governments above the county level shall strengthen leadership of the administrative efficacy supervision work, establish and improve the leadership system and working mechanism, standardize administrative examination and approval, the Chief Executive and the Chief service, advance the reform of marketization of public resource allocation and optimization environment, improving efficiency, protection of administrative efficacy supervision work effectively.

    Fifth supervisory organs at the same level people's Governments and superior supervisory organs of leadership, is responsible for organizing administrative efficacy supervision work within their respective administrative areas.

    Sixth relevant departments shall establish a sound internal management system, strengthen education and supervision, effective implementation of administrative function, improved style of the promotion, improving efficiency.

    Seventh administrative efficacy supervision work should be according to the order, seek truth from facts, correct combination of simultaneously, the correctional principles.

    Chapter II responsibilities and authorities

Eighth supervisory organs in the administrative efficacy supervision work, carry out the following functions:

(A) the administrative efficacy supervision work plan and organize its implementation;

(B) establish and improve administrative efficacy supervision system;

(C) the effectiveness of administrative complaints;

(D) investigate and deal with matters affecting administrative efficiency, monitor or monitor decisions taken in accordance with law;

(E) Organization of administrative efficiency assessment;

    (Vi) other duties stipulated by laws and regulations.

Nineth has one of the following situations, to monitor the administrative permissions for the monitoring authorities:

(A) laws, regulations, rules and upper poor implementation decisions, instructions, orders, effects of Government decrees;

(B) illegal decision or adversely affect the decision-making errors or serious consequences;

(C) inadequate response to emergency events, slow to react, mismanaged, resulting in worse;

(D) under the State Council and the provincial government requirements, clear and focused on administrative examination and approval functions, streamlining, decentralization of administrative examination and approval matters, influence or impede the work of the administrative examination and approval system reform;

(E) in the allocation of public resources in the market-oriented reform, promote unity of insufficient public resources trade market construction, affect the efficiency and quality of the allocation of public resources;

(F) the Chief environmental construction, promote the construction, poor innovation examination and approval Service Center, affecting economic and social development;

(G) fails to perform or not perform their duties correctly, drag shuffle, perfunctory, inefficiency, hurt public interests, the Government's image;

(VIII) do not provide for openness, commitment to fulfill obligations and service;

(I) the implementation of corporate attitude is outrageous, deliberately, or used his position to seek illegitimate interests;

(10) the breaches of statutory conditions, procedures and time frames for the implementation of administrative licensing;

(11) without statutory basis, not according to the statutory scope and time frame for additional projects without permission or violates the relevant provisions of the financial instruments managed implementation of administrative collection;

(12) no statutory basis, jurisdiction, procedure implementation of administrative sanctions, administrative enforcement and administrative payment, damage the lawful rights and interests of citizens, legal persons and organizations;

(13) in the construction of major projects, special funds and large amounts of money, government procurement, violate the provisions of projects, financial management;

(14) did not establish asking system of job responsibility, personal responsibility and limited to handle system, service system, rules and regulations;

    (15) other circumstances that affect the administrative efficiency.

Tenth supervisory organs in the administrative efficacy supervision has the right to take the following measures:

(A) require from objects and matters relating to the documents, materials, financial accounts, inspection or copying;

(B) require explanations and instructions for supervisory matters involving;

(C) order monitoring to correct or stop violating laws, regulations, rules and administrative disciplinary action, and to take the necessary remedial measures;

    (D) the laws, regulations and other measures provided for in regulation.

    Chapter III monitoring procedures and methods

11th supervisory organs administrative efficacy supervision according to the following matters:

(A) the deployment of the people's Governments at the corresponding level and supervisory organs at higher levels and requirements;

(B) the Centre's work and priorities of the people's Governments at the corresponding level;

(C) the people's Governments at the corresponding level of major projects and special-purpose funds;

(D) the administrative effectiveness of the masses feel strongly about;

    (E) other matters that require monitoring.

    12th administrative efficacy supervision imposed on important matters should be in accordance with the provisions of the project and report to the people's Governments at the corresponding level and supervisory organs at a higher level for the record. Article 13th administrative efficacy supervision work programme should be established.

    Programme includes the monitoring purpose, object, content, procedures, methods, measures, and so on.

14th supervisory authority before the administrative efficacy supervision should be monitored a notice to the relevant mainland authorities, but not notice otherwise.

    Monitor the notice shall specify the content, timing and specific requirements.

    15th administrative efficacy supervision supervisory authorities, can require organizations to staff of the relevant administrative organs, social organizations and professional and technical personnel, or inviting NPC deputies and CPPCC members, invited and concerned members of the public to participate in, you can set up monitoring sites, appointing inspectors to supervise, comment.

    16th supervisory organs can take routine inspections, special monitoring, complaints and investigations carried out by way of administrative supervision.

    17th daily inspection routine inspections, on-site monitoring, tracking, supervision, evaluation, electronic surveillance and other means.

    Article 18th special supervision is mainly used in major decision-making matters, major construction projects, special funds and large amounts of money management, Enterprise and strongly highlighted the effectiveness of public issues, incident handling, and so on.

    19th supervisory organs shall establish and improve administrative efficiency and complaints system, in accordance with the principle of territorial management, graded responsibility, inadmissible mass complaints, and publicize the complaint reported the channel.

    20th supervisory agencies in the investigation of cases involving administrative effectiveness, two or more persons shall participate in and present Administration certificate. 21st after the end of the administrative efficacy supervision, shall submit a report on the work.

    Reports should include basic information, identify problems, causes, treatment recommendations, improvement observations and comments and such.

22nd supervisory organs shall, in accordance with administrative efficacy supervision conditions, give advice or make a decision.

Monitoring of important recommendations or decisions, should be reported to people's Governments agreed to and submitted to the next higher supervisory authorities for the record. To matters do not belong to the administrative efficacy supervision, supervisory organs shall be transferred pursuant to the provisions of the relevant function bodies or departments.

    Suspected of a crime, shall be transferred to the judicial authorities.

    23rd supervisory organs to informing complainants of the information should be kept confidential and may not disclose the informer, the complainant's situation.

 
The fourth chapter liability

24th article violates these rules, the Nineth circumstances listed in section, the unit leadership accountability in the following ways:

(A) administrative efficiency and warning;

(B) order the written examination;

(C) order the public apology;

    (D) notice of criticism.

25th article violates these rules, the Nineth circumstances listed in section, on their responsibilities to hold responsible according to the following pattern:

(A) administrative efficiency and warning;

(B) order the written examination;

(C) notice of criticism;

(D) out of the job;

(V) suspended;

(Vi) resignation, order the resignation, removal from Office;

   
(VII) administrative sanctions.

Article 26th units and staff are held accountable, cancel the assessment to evaluate qualifications that year.

    Staff members are held accountable more than twice within a year, and annual assessments should be identified as basic good grades.

    27th persons concerned refused to correct his mistakes, interfere with or obstruct the administrative efficacy supervision work, deception, concealing the truth, or retaliate against whistle-blowers, complainants, shall be given a heavier or worse.

    28th their responsibilities to cooperate with the investigation, take the initiative to find and correct the error, or failing to mitigate adverse effects, can be given a lighter or mitigated punishment or be exempted from responsibility.

    29th due to force majeure or administrative relative person fraud, leading to executive staff make a misjudgment or improper administrative action, without accountability.

In monitoring responsibility of 30th article refuses to accept the penalty, within 30th days can receive administrative punishment decision, appeal to the supervisory organs and supervisory organs should be made within 60 days in accordance with the maintenance, alteration or revocation of decisions.

    Complainant did not stop the implementation of the original decision.

    31st article administrative efficacy supervision staff abuse, malpractice, negligence, to reveal the secret, law and discipline penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws 32nd article this way come into force on January 1, 2013.