Harbin Complaints Administrative Efficiency Approach

Original Language Title: 哈尔滨市行政效能投诉办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257732.shtml

Harbin complaints administrative efficiency approach

    (February 21, 2010 Harbin municipal people's Government at the 62nd Executive meeting on February 23, 2010 Harbin municipal people's Government announced order No. 215, come into force on the date of promulgation) Chapter I General provisions

    First in order to standardize the administrative effectiveness of complaint handling, protect the legitimate rights and interests of citizens, legal persons and other organizations, to improve administrative efficiency, in accordance with the People's Republic of China on administrative supervision law and the People's Republic of China provisions of civil service law and other relevant laws and regulations, in this municipality, these measures are formulated.

    A citizen, legal person or other organizations (hereinafter the complainants) that the city administration (including laws and regulations authorized or accepted administrative organ entrusted with administrative functions of the unit) and its staff members (hereinafter respondent) has contravened the provisions of the administrative efficiency, you can submit complaints in accordance with these measures.

    Article III administrative efficiency and the handling of complaints, to carry out the first asking responsibility, limited completes and hierarchical accountability, under the handle system, insist on combining education with discipline, supervision and improvement of work principles.

    Fourth article this approach by the city watchdog organization.

    City, district and County (City) work of supervisory organs and municipal sectors (Government departments with similar laws and regulations authorized or accepted administrative organ entrusted with administrative functions of the unit, the same below) monitoring body (hereinafter referred to as the supervisory organ or supervisory bodies), in accordance with the jurisdiction and the Division of responsibilities, responsible for administrative efficiency and the handling of complaints.

    Supervisory organs, administrative efficiency and the handling of complaints, on the work of supervision and guidance.

    Chapter II duties and rights

    Fifth supervisory organs or Watchdog complaints in accordance with the following Division of administrative efficiency:

    (A) municipal supervisory authority is responsible for handling the County (City) departments of people's Governments and their leading personnel, municipal and Bureau-level leadership and other important, complex issues of complaints;

    (B) the districts and counties (cities) supervisory organs responsible for handling on the level of Government below the level of the member departments and Department (including level, hereinafter the same) complaints against staff members;

    (C) municipal people's Government monitoring body responsible for handling the departments or units below the level of staff and subordinate units of the system and the staff member's complaint.

    Supervisory organs need to be on this article (b), (c) complaint investigation and handling of cases directly provided for by, or complaints about the district and County (City) monitoring body to deal with the work of the supervisory organ or municipal sector.

    Article sixth efficiency of supervision or the supervision institutions in handling administrative complaints cases, entitled to take the following measures:

    (A) were the complainants provide documents relevant to the issues in the complaint, information and other materials, and an explanation of the complaint and a description;

    (B) requests and complaints related to the unit or personal assistance and cooperate with the investigation;

    (C) to order the units and individuals to correct a violation "first responsibility, performance pledges, timed settles, failure investigation, deny the report and free agent" system;

    (D) order the respondent to stop violations of laws, rules, regulations and acts of the direction, decision or order of the people's Government, and can be given directly criticized;

    (E) require complainants to damage caused by taking the necessary remedial measures.

    Chapter III complaint

    Seventh complainants the complainants have one of the following actions, in accordance with the jurisdiction provided to the supervisory organ or Watchdog complaint:

    (A) unauthorized leave, post, work time playing cards and mahjong, chatting, playing computer games, stock of breach of work discipline;

    (B) shall be ex officio if the matter is not handled, artificial obstacle, deliberately administrative relative person;

    (C) does not take seriously its obligations under JD, buck-passing, deliberately delay, inefficiency, not within the prescribed period, to delay or loss of administrative work;

    (D) the Suppression and punishment of the offences is not suppression, punishment, resulting in damage to the legitimate rights and interests, social and public interests of the complainant;

    (E) is not required to perform a public duty and to the detriment of administrative counterpart's right;

    (Vi) uncivil duties, resulting in adverse effects;

    (VII) other acts contrary to the provisions of administrative efficiency.

    Article eighth complaint the complainant can be taken in person, letters (written or e-mail), telephone calls, and so on.

    Nineth complaint the complainant, should have a clear target of complaint, complaints should be specific, objective, real, and let me your real name, address and contact information.

    Article tenth complaint the complainant shall abide by the laws, regulations and rules and other relevant regulations of the State, should not affect the normal working of the Executive order.

    11th no unit or individual may, on any pretext to block or suppress complaints, or retaliating against the complainant.

    The fourth chapter accepted 12th supervisory organs or monitored institutions comply with the acts listed in article seventh complaint shall accept immediately and inform the complainant.

    Oral or telephone complaints, a record shall be kept; e-mail complaints, should download and save it.

    Contractors shall register the complaint, and to complete the administrative effectiveness of proposed form.

    13th jurisdiction of the complainant in accordance with provisions of article complaints, complaints of supervision or the supervision agencies shall first accept, and handed over to the jurisdiction within 3 working days of the supervisory organ or the supervisory agencies.

    Article 14th is out of these measures inadmissible complaints, supervision or the supervision shall advise the complainant to the appropriate departments.

    The fifth chapter management

    15th administrative effectiveness of complaint handling staff should be conscientious and administrative efficiency of receiving registration, handling, transfer, handling, feedback, post work such as filing and archiving.

    16th supervisory organ or supervisory bodies to the admissibility of complaints do have jurisdiction, and cases or cases assigned by the complaints, shall receive, transferred or completed within 20 working days from the date of action; complex needs an extension of time shall be subject to approval of the head of the supervision or the supervision, and to explain to the complainant the reasons.

    Complaints after the case concluded, supervision or the supervision bodies shall inform the complainants will be informed of the results in a timely manner.

    17th supervisory organs or the supervisory agency for complaints, investigation should be entrusted with more staff, asked the complainant and respondent, to understand the case and make inquiry record.

    Article 18th administrative efficiency following the end of investigations, the contractor shall write investigation reports, and fill out the complaint form for administrative efficiency, competent leaders.

    19th supervisory bodies or supervisory agencies on the handling of complaints, in accordance with the following provisions:

    (A) the violation of administrative discipline, should pursue administrative disciplinary responsibility, when approved by the head of the supervision or the supervision and investigation.

    (B) personnel of the administrative law enforcement fault, fault, Harbin city, in accordance with the administrative law enforcement accountability measures for the provisions and administrative rights, administrative enforcement of those liability.

    (Iii) serious problems were complaints against units of the recommendation, supervising, and limited-time solution.

    (D) causes of problems involving more than one sector, many complaints were not resolved individually and separately of the monitoring proposals made by the involved departments, and by determining the lead department responsible for coordinating and solving.

    20th district and County (City) supervisory organs and municipal monitoring agencies to handle complaints by improper handling of the case, Municipal Department of supervision have the right to entrust its reinvestigation process when necessary, direct investigations.

    21st supervisory organs and supervisory personnel of any of the following acts, by the appointments and dismissals of its organs to give criticism, correction or adjustment positions, dealing with serious, by the appointments and dismissals or the supervision authority pursuant to the People's Republic of China on administrative supervision law and the relevant provisions of the regulations on the punishment of civil servants of administrative organs to administrative sanctions:

    (A) complaints against breaches of confidentiality, information disclosed to the respondent the complainant;

    (Ii) belonging to the scope of the complaint inadmissible;

    (C) complaints not transferred in time to be handed over;

    (D) not required to entertain or inform the complainants of the outcome;

    (E) the prevarication, perfunctory, delays in handling complaints or are not within the statutory time limit complaints. 22nd article this city administrative organ staff has this approach seventh article provides behavior not constitute disciplinary of, by its positions appointment organ depending on its plot give criticism education, and commandments Mian talk, and informed criticism, and adjustment post, and resigned, and ordered resigned, processing; constitute disciplinary of, by its positions appointment organ or sibling monitored organ according to People's Republic of China administrative monitored method, and administrative organ civil servants disposition Ordinance provides of permission and program be processing,

    Its executive leadership of the executive authorities be accountable in accordance with the provisions relating to the accountability of the leadership.

    Article 23rd executive staff to block and suppress complaints or complaints of retaliation on the complainants and by the appointments and dismissals of its organs or organs in accordance with the People's Republic of China on administrative supervision law and the relevant provisions of the regulations on the punishment of civil servants of administrative organs to administrative sanctions.

    Article 24th results of administrative efficiency and the handling of complaints shall be used as the city's year-end target of the Executive responsibilities examination, annual appraisal and reward and punishment of staff, an important basis for appointments.

    25th the complainant frame a distorted facts and false accusations against others, by the public security organs in accordance with the People's Republic of China public security management punishment law provides for penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 26th article this way as of the date of promulgation. January 4, 2005, administrative efficiency, the Harbin Municipal Government published complaints policy (Government issued law [2005]1) repealed simultaneously.