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Administrative Examination And Approval, Sichuan Province, Violation Of Accountability Measures

Original Language Title: 四川省行政审批违法违纪行为责任追究办法

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Administrative accountability for violations in the Sichuan Province

(Summit No. 48 of the Government of the Sichuan Province, 22 December 2009, considered the adoption of the Decree No. 243 of 15 March 2010 for the Government of the Sichuan Province, which was launched effective 1 May 2010)

Article 1 promotes administrative effectiveness, regulates administrative approval, preserves the legitimate rights and interests of the relative public, and develops this approach in line with laws, regulations, such as the National People's Republic of China's Administrative Monitoring Act, the People's Republic of China's Administrative Licence Act, the Civil Service Disposal Regulations of the executive branch.

Article 2 does not perform or are incorrectly discharging its duties in the administration of approval and is incompatible with the law and should be held accountable in accordance with this approach.

Article 3. This approach applies to:

(i) Administrative organs and their civil servants.

(ii) Property units authorized by law, regulations and regulations that have the functions of the administration of public affairs and staff who have been authorized to administer the Civil Service Act of the People's Republic of China.

(iii) Other administrative inspection targets.

Article IV accountability for administrative approval should uphold the principles of integrity, impartiality, punishment and accountability, prevention and punishment.

Article 5 is one of the following cases, where circumstances, consequences and hazards are addressed by the unit with criticism, cancellation of the prequalification;

(i) Establish administrative clearance matters in violation of the law.

(ii) The law should change, withdraw administrative approval without change and withdraw it.

(iii) Removal, adaptive or decentralized administrative clearances continue to be carried out for approval or for approval in any form.

(iv) The administrative approval matters cancelled will be designated to subordinate units or other agencies, organizations will continue to implement the approval.

(v) Removal of administrative matters, public service matters in various ways.

(vi) Removal or additional conditions for administrative approval.

(vii) Unless the administrative approval functions of the sector are relatively concentrated to a single institution, which is central to the Service Centre under the provincial government, the sector does not authorize the establishment of the administrative approval authority to the SPS window, and administrative clearances are in place at the PACT.

(viii) Without the approval of the Government of the same-ranking people, the administrative approval of the sector is not carried out by the Service Centre.

(ix) Non-provisional and joint clearance.

Article 6 has one of the following cases, where circumstances, consequences and hazards are addressed to the Unit by means of criticism, cancellation of prequalification; written examination, communication, administrative warning, dismissal, dismissal or dismissal, of the responsible person concerned:

(i) In the absence of office space, the material should be disclosed by law.

(ii) The applicant's submission is incomplete and not in accordance with the statutory form and has not been informed that the applicant must add all the content.

(iii) To request the applicant to provide other material that is not relevant to the administrative approval of the application.

(iv) The application for administrative approval in accordance with the statutory conditions is inadmissible or, after the receipt, is not valid in writing.

(v) No approval or approval of matters that are in compliance with the statutory conditions.

(vi) In accordance with the law, the granting of administrative approval decisions, without solicitation, auction or examination, or the granting of administrative approval decisions on the basis of solicitation, auction results, merit of examination.

(vii) To grant administrative approval decisions in the order in which administrative approval is granted, in accordance with the prescribed application for compliance with statutory conditions and standards.

(viii) No administrative approval is required under the process.

(ix) No on-site or on time.

(x) No charges are charged in accordance with statutory projects and standards.

(xi) The law shall hold hearings without informing the applicant or without hearing.

(xii) In violation of the provisions providing for the advice, assessment of designated institutions as necessary for administrative approval.

(xiii) Serious violations of ethical or job requirements.

(xiv) Other violations of executive approval.

Article 7 contains one of the following cases, where circumstances, consequences and hazards are addressed by the unit with criticism, cancellation of the prequalification; written examination, communication, administrative warning, dismissal, suspension or dismissal of the duty of the responsible person concerned; disciplinary action, dismissal, suspension or dismissal; and disciplinary measures that constitute a unconstitutionality;

(i) No follow-up regulatory responsibility or oversight of the matter of approval is performed by law.

(ii) There is no oversight of the commission of administrative approval by the commissioning organization, or that its violations are not stopped and corrected.

(iii) Reports of complaints against the prosecution of offences committed in administrative clearance, which are not duly verified and processed.

Article 8 imposes serious consequences on the administrative approval sector, the authority or the department responsible for the supervision of the personnel, the failure to perform the regulatory duties or the lack of regulation, and the provision of a written examination, notification of criticism, administrative warning, dismissal, degradation or removal of employment. This constitutes a violation of the administrative disposition of warnings, lapses, rainfall or dismissal.

Article 9 states that:

(i) There should be once again cases of accountability.

(ii) Interference and obstruction of investigations into their responsibilities.

(iii) To combat reprisals against complainants, prosecutors, perpetrators or witnesses.

(iv) To refrain from implementing the decision of the superior body to correct its violations by law.

Article 10 states that:

(i) proactively correct errors or cooperate with investigations.

(ii) Active measures to reduce or avoid loss or to eliminate negative impacts in a timely manner.

(iii) Procedural misconduct by other persons.

Article 11 does not hold accountable:

(i) The failure of the approval authority or personnel to make the right judgement cannot be made because of the administrative error.

(ii) The occurrence of liability due to force majeure.

Article 12, in accordance with this approach, provides for the accountability of the unit, either by the superior authority of the unit or by the same-level inspection body, makes recommendations for processing or making decisions.

In accordance with this approach, accountability for other forms of responsibility other than administrative disposition by the responsible person shall be determined by its office, the inspector or other competent organ in accordance with the terms of reference; and, in accordance with the provisions of this approach, the administrative disposition of the responsible person shall be determined by its office or by the inspection authority.

Article 13

Article 14.

The conduct of the responsible person is suspected of committing a crime and is transferred to the judiciary to deal with it by law.

Article 15 is held accountable to the executive and other organizations for the handling of unlawful acts in public service matters, taking into account this approach.

Article 16 is implemented effective 1 May 2010.