Shijiazhuang Enterprises ' Burden Supervision And Administration

Original Language Title: 石家庄市企业负担监督管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100352989.shtml

Shijiazhuang enterprises ' burden supervision and administration

    (June 13, 2011 12th in Shijiazhuang city people's Government at the 55th Executive meeting on June 27, 2011 176th in Shijiazhuang city people's Government promulgated as of August 1, 2011) Chapter I General provisions

    First to strengthen the supervision and administration of enterprises ' burden, optimizing the environment for enterprise development, maintaining the lawful rights and interests of enterprises, according to the provisions of the relevant laws, rules and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city of various types of enterprises ' burden supervision and management of the application of this approach.

    Article city and County (City) and district people's Government shall strengthen the supervision and administration of enterprises ' burden of leadership, organization, coordination and urge the relevant departments doing enterprises ' burden supervision and administration in accordance with law. Fourth of municipal industrial and information technology service is responsible for supervision and administration of enterprises ' burden within the administrative area of the city.

Its main functions are:

(A) the supervision and inspection of the law relating to the burden of enterprises, implementation of laws, regulations, and policy recommendations proposed to reduce the burden on enterprises;

(B) in cases involving complaints, reporting burden on enterprises, and investigate and punish according to law;

(C) urge the people's Government at the relevant sectors and lower level people's Governments in charge of burden supervision and Management Department investigated and dealt with the burden of cases;

(D) is responsible for the supervision and administration of enterprises ' burden.

    Counties (cities), the district people's Government in charge of burden supervision and Management Department, responsible for supervision and administration of the administrative burden on enterprises.

    Article fifth monitoring, financial, pricing, audit, legal and other relevant departments shall, in accordance with their respective responsibilities, supervision and administration of enterprises ' burden.

    Article news media shall strengthen the supervision of law increased the burden on enterprises.

    Chapter II supervision and administration

    Article seventh city, County (City), district people's Government and the Department to develop normative acts, not according to the laws, regulations and rules, shall not make any provisions increasing the burden on enterprises. No units or organizations shall not violate the provisions of article eighth, setting up administrative and institutional charges, increased fees, expanding the range of fees.

    All administrative fees and Government funds project, standards should notice in the media, to increase transparency. Nineth to collect administrative fees and Government funds, Government funds, shall comply with laws and regulations and the relevant provisions of the State Council and the provincial government.

Does not meet the requirements of, enterprises are entitled to refuse to pay.

    Enterprise scope, fees and charges on the basis and standard object has the right to request subscription departments and units identify, or to the enterprises ' burden supervision and administration departments as well as financial, price queries, relevant departments should be facilitated. Tenth article has charges functions of sector to enterprise charges Shi, should show price sector issued of into enterprise charges approved notice, and charges license and charges member card, using province financial sector unified business sent of administrative career sex dedicated charges notes, and in Enterprise payment registration card Shang, by provides requirements registration charges units name, and charges time, and charges project, and charges standard, and charges amount and charges personnel name, content.

    Incomplete or failure to fill in, companies can refuse to pay.

    11th administrative authorities for permission, approval, annual examination, registration and other matters, the charge prescribed by the national and provincial fees, shall not charge or collect any other fees.

    12th administrative organs or organizations with administrative functions to implement administrative punishments shall be based on law, rules or regulations according to and using the financial sector uniformly fine private bills, not to its staff issued or issued in a disguised form of enterprise indicators of fines or confiscation of property. 13th administrative authorities for violations minor, causing no damage and no punishment for the first time, ordered the enterprise to correct within.

    Executive order to suspend and revoke licenses or license, the larger the amount of fines and other major decision of administrative penalty shall be issued the penalty decision at the same time, government legal departments at the same level. Article 14th unless safety check, the food safety inspections, major environmental investigations and criminal cases, as well as national and provincial arrangements for inspection of law enforcement, public reporting and complaint cases, without authorization, no unit may not check for enterprise contest. Check law competitions, activities should be in 3 working days before government approval of the legal department at the same level for the record, upon implementation of the approved organizations. 

    When you check your rankings on enterprise, documents and instruments of ratification shall show the administrative law enforcement.

    15th social groups not in the administrative authorities for licensing matters such as registration, approval, annual review, in the process, a ride to collect dues or other fees.

    16th Enterprise Agency entrusted by the executive authorities to be inspection, testing, consultation, assessment requirements and according to the laws and regulations shall be paid by the administrative authority shall not be charged to the company.

    17th postal, telecommunications, civil aviation, railways, roads, electricity, water, heating, gas, radio, television, and other utilities, it may not increase the Government's pricing or beyond the Government guidance pricing.

18th prohibits the following acts of increasing the burden on enterprises:

(A) administrative functions transferred to the institution or agency in a disguised form, to charge businesses;

(B) shall be selected by the independent consulting, assessment, testing and other intermediary service to specify mandatory service, charged to enterprises;

(C) not complying with the provisions of laws and regulations, enterprises of various types of taxes and fees in advance;

(D) borrow from corporate funds, take up allocated to enterprises according to law and allocated according to law shall be returned to the company taxes, fees, fines, Government funds and grants;

(E) free use of corporate property, vehicles, communication equipment and electronic equipment and other property;

(Vi) imposes on business travel, communications, conferences, catering expenses, medical expenses and other expenses;

(G) forced companies to provide handling funds;

(H) the forced companies to provide sponsorship, funding, contributions;

(I) forced enterprises other than those prescribed by laws and regulations insurance;

(J) forced enterprise to order books, newspapers, audio and video products as well as advertisements or;

(11) forcing companies to participate in training, technology assessment, research, forcing companies to join the society, associations, etc;

(12) financed forces corporations to prepare directories, almanacs, encyclopedia information, pictures and shoot video;

(13) in the name of school, student asking for costs and property;

(14) the qualifying companies to buy (receive) designated product (service), without improved goods (services) prices;

    (15) an other behavior that increases the burden on enterprises.

    Article 19th did not enforce laws, administrative regulations or the State Council and provincial and municipal people's Government on the enterprise tax reduction, exemption, rebate, reduction or relief levy administrative fees and Government funds provided, considered a violation of these measures increase the burden on enterprises. Article 20th in major public events such as natural disasters, major accidents, the people's Governments above the county level may by law or requisition goods and services to enterprises according to relevant regulations, should be returned or compensation according to law.

    Otherwise provided for by laws and regulations, from its provisions. Article 21st burden on enterprises ' burden supervision and management departments at all levels should establish monitoring networks, select several companies as the burden of oversight and is responsible for directing enterprises rate management policies, understanding of policy implementation, coordinate with charges conflict, understanding the burden on enterprises.

    Hearing the views of enterprise burden, not less than once every six months. 22nd control enterprises should make clear one's supervisor, as the burden on enterprises oversight responsibility, chaired by the head of corporate finance.

Supervisor's primary responsibilities are:

(A) pay license and certification fees, standard fees and charges;

(B) refuses to report arbitrary acts;

(C) to relevant authorities through policy advice;

    (D) the total burden on enterprises.

    Article 23rd enterprises ' burden supervision and management departments at all levels should establish the burden on enterprises regulatory file, record the irregularities increases the burden on enterprises and published on a regular basis.

    24th enterprises shall abide by laws and regulations, and management according to law, implementation of workplace safety, food safety and environmental protection management system, improve product (service) quality, safeguard the legitimate rights and interests of consumers.

    25th administrative authorities shall strengthen the supervision and administration of enterprises, develop a supervision plan and implement, investigate and deal with illegal business enterprises in accordance with law, maintain the order of market economy.

    Chapter reports, complaints and treatment

    26th article of any unit and individual have the right to submit complaints of unlawful act of increasing the burden on enterprises, to report.

    27th burden on enterprises ' burden supervision and management departments at all levels should set up enterprise monitor telephone, mail, and confidentiality for complainants, informants. 28th the burden on enterprises regulatory agency after receiving the complaint, report, shall organize, coordinate or instructing relevant departments investigate and deal with according to law, and make a decision according to the time limit. 

    Involving more than two functions deal with complaints and reports of cases, organized by the enterprises ' burden supervision and management departments to coordinate relevant departments of investigation and treatment.

    29th been complaints or information units and their staff shall be subject to investigation of enterprises ' burden supervision and management departments and related departments, units and individuals under investigation must truthfully report the situation and provide the relevant information, shall not be refused and impeding the investigation, may not strike, retaliation complaints, whistleblower.

    Article 30th enterprises believe that cities and counties (cities), district people's Government and the Department to develop normative acts infringing upon the legitimate rights and interests, could request the relevant normative documents to be reviewed.

    The fourth chapter legal liability
31st disobey article 14th, unauthorized inspection of enterprises evaluation, Department of Legal Affairs shall be ordered to desist from the illegal act by the Government, and by the unit or the supervisory organs of the competent and responsible personnel to administrative sanctions.

    Article 32nd in violation of these regulations by social groups, agency 15th, 16th and 18th article, the people's Governments above the county level enterprises ' burden supervision and management departments shall be ordered to desist from the illegal act, property, to refund the cost of the deadline will be borne by an enterprise, Enterprise, cannot be refunded, shall be ordered to pay financial and social groups of 1000 Yuan fine, intermediaries between 30,000 yuan and 10,000 yuan fine.

    Article 33rd disobey article 17th, by the Department in charge of price under the price regulations on administrative penalties against illegal acts will be punished. 34th article administrative organ, and has administration functions of organization and staff violation this approach provides increased enterprise burden of, by County above government enterprise burden supervision management sector and investigation organ ordered its stop violations, deadline will enterprise by bear of property, and costs returned enterprise, cannot returned of, ordered surrendered financial, and by where units or monitored organ on competent personnel and responsibility personnel be administrative sanctions; to enterprise caused loss of, should law compensation; constitute crime of,

    Criminal responsibility shall be investigated according to law.

35th people's Governments above the county level enterprises ' burden supervision and management departments and supervision, financial, pricing, audit, legal departments and their staff, such as any of the following circumstances, by their work units or the supervisory organs of the competent and responsible personnel to administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) harbouring or conniving at illegal increase the burden on enterprises;

(B) fails to perform the duty of confidentiality, leading to complaints and informants were retaliating against;

(C) on the admissibility of complaints and cases reported within the prescribed time limit shall make a decision;

    (D) other acts in violation of the duty of supervision and management.

    The fifth chapter by-laws

    Article 36th supervision of illegal increase the burden on individual acts, in accordance with the measures implemented. 37th article of the rules take effect on August 1, 2011.