Trial Measures For The Administrative Efficacy Supervision In Hubei Province

Original Language Title: 湖北省行政效能监察试行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369183.shtml

Trial measures for the administrative efficacy supervision in Hubei Province

    (December 5, 2011 Standing Committee of the Hubei provincial people's Government considered by Hubei provincial government order No. 349, published since December 15, 2011 as of February 1, 2012) first in order to standardize the administrative efficacy supervision work, keep the orders flowing, to improve administrative efficiency, according to the People's Republic of China on administrative supervision law and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Second administrative efficacy supervision in these measures refers to people's government supervisory organs above the county level (hereinafter referred to as the supervisory organ) in accordance with the monitoring object to perform the statutory duties of the efficiency, effectiveness and effects of conducting supervision and inspection activities.

Third people's Governments above the county level shall strengthen leadership of the administrative efficacy supervision work within their respective administrative areas in support of supervisory organs do the administrative efficacy supervision work.

    Monitoring should consciously accept the supervision organs of the administrative efficacy supervision.

Article supervisory organs at all levels are responsible for the administrative efficacy supervision work within their respective administrative areas.

    Superior supervisory organs shall subordinate supervisory organs the administrative efficacy supervision work guidance and supervision.

    Article fifth administrative efficacy supervision work of seeking truth from facts, education combined with punishment, a combination of supervision and construction principles.

Sixth supervisory authorities shall carry out the administrative efficacy supervision work, free from any interference by any administrative departments, social groups and individuals.

    Supervisory organs may invite the NPC deputies and CPPCC members, invited or other personnel involved in the administrative efficacy supervision work. Seventh report to the supervisory organ shall establish and improve administrative efficiency system.

Citizens, legal persons or other organizations for any administrative efficiency, to report to the supervisory organ. Reporting matters and report accepted by the supervisory organization should, as well as confidentiality of information associated with the whistleblower, whistle-blower protection of lawful rights and interests.

    Real-name reporting, whistle-blower supervisory organs should be investigated and dealt with, to reply.

    Eighth supervisory organs should work with the relevant departments to establish administrative efficacy supervision, administrative supervision and target joint working mechanism. Nineth supervisory organs of the people's Governments and organization of supervisory organs at a higher level, determine the administrative efficacy supervision work plan for the year.

    Work plan implemented after approval by the people's Governments at the corresponding level, and report to the supervisory organ at a higher level for the record.

Tenth supervisory organs in the administrative efficacy supervision work shall perform the following duties:

(A) the formulation, implementation and administrative efficacy supervision work plan of system, (ii) the inspection, investigation and handling of matters affecting administrative efficiency and (iii) Organization of administrative efficiency assessment;

(D) administrative efficiency reports;

(E) summary and promote work experience in the construction of administrative efficacy;

    (Vi) other duties stipulated by laws, rules and regulations.

11th supervisory organs in accordance with the administrative efficacy supervision imposed on the following objects:

(A) people's Government departments and civil servants;

(B) the level people's Governments and their departments to appoint other persons;

(C) the lower level people's Governments and their leading personnel;

(D) the laws, regulations, grant rights to the management of public affairs functions of the Organization and its personnel engaged in public service;

(E) national administration authorities shall delegate the conduct of public affairs management activities of the Organization and its personnel engaged in public service.

    People's government supervisory organs at county level or township-level people's Governments of this area belongs to civil servants and other personnel appointed by the people's Governments at the township level administrative efficacy supervision.

12th supervisory organs administrative efficacy supervision to monitor the following objects:

(A) adherence to and implementation of relevant laws, regulations, rules and policies, as well as the decisions and orders of the people's Government;

(B) the people's Governments at the corresponding level and implementation of work task assigned by higher authorities;

(C) the observance of administrative procedures of administrative activities;

    (Iv) other matters requiring administrative efficacy supervision.

    13th a supervisory organ may undertake comprehensive inspections, special inspection, investigation, evaluation and electronic surveillance and other means, administrative efficacy supervision to monitor objects.

14th supervisory organs in the administrative efficacy supervision in the process, you can take the following measures:

(A) require objects providing administrative efficacy supervision-related documents, materials, financial accounts, and other related materials, inspection or copying;

(B) require administrative efficacy supervision matters involving explanations and descriptions;

(C) be ordered to monitor objects in violation of laws, regulations, rules and administrative disciplinary action;

    (D) other measures that could be taken in accordance with law. 15th supervisory organs shall establish administrative efficacy supervision project system.

Before the administrative efficacy supervision, monitor the authorities responsible for the administrative efficacy supervision institutions should complete the project request form, level heads of supervisory organs for approval.

    Major administrative efficacy supervision project, should be reported to people's Governments approved and submitted to the supervisory organs at a higher level for the record.

16th before the supervisory organs carry out comprehensive inspections and special inspections should be served a notice of administrative efficacy supervision to monitor objects, but not notice otherwise.

    Administrative efficacy supervision notice shall include the checking of content, time and specific requirements, and issued by the governmental supervisory organ owner. 17th supervisory authorities when conducting an inspection or investigation shall be established by two or more examination or inspection or investigation group of investigators.

    Inspection or investigation officers when conducting an inspection or investigation shall present a relevant working document.

18th supervisory organs according to the results of inspection, investigation and evaluation,

Make a decision or recommendation of supervision according to law, and served on the monitored object in writing.

    Important decision or advice shall be reported to the consent of the people's Governments at the corresponding level, and report to the supervisory organ at a higher level for the record.

Article 19th monitored objects shall receive a decision or advice will be executed within 30th of decision or informed the adoption of monitoring the recommendations of the supervisory organ.

    Monitoring object is not satisfied with the decision or the monitor disagrees with the proposal, in accordance with the relevant provisions of the State.

    20th supervisory organs should monitor implementation of decision and adopt the advice of, and supervision.

21st article monitored object violation this approach provides, has following case one of of, by its competent organ or monitored organ ordered description situation, deadline corrected, give informed criticism; plot more heavy of, give has directly responsibility of competent personnel and other directly responsibility personnel warning, and demerit or remember than disposition; plot serious of, give has directly responsibility of competent personnel and other directly responsibility personnel downgraded, and dismissed or fired disposition; suspected crime of, law transferred judicial organ processing.

(A) violation of the procedure for administrative decision-making;

(B) the weak implementation of the decisions and orders of the people's Government;

(C) due to negligence, dereliction of duty caused mass incidents;

(D) the omission, as in administrative activities;

(E) fails to complete the level people's Governments and tasks assigned by the higher authorities;

(F) the relevant report should be accepted and not accepted, or not processed in a timely manner after accepting;

    (VII) other circumstances that affect the administrative efficiency.

    22nd staff of supervisory authorities in the administrative efficacy supervision work, abuse of power, deception, negligence, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 23rd article this way come into force February 1, 2012.