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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257665.shtml

Administrative examination and approval, Sichuan province, violation of accountability measures (December 22, 2009, Sichuan provincial people's Government, the 48th Executive meeting on March 15, 2010, No. 243, promulgated by the people's Government of Sichuan province as of May 1, 2010) article to promote administration according to law and improve administrative efficiency, and standardize administrative examination and approval, and protect legal rights of administrative relative person under the People's Republic of China Law on administrative supervision, the People's Republic of China administrative licensing law and the punishment of civil servants of administrative organs and other laws, and regulations,

    In Sichuan province, these measures are formulated.

    Article in the administrative examination and approval work is not performed or is not properly carry out their duties, violation of, should be in accordance with these measures of accountability.

    Third-unit and these measures shall apply to the following persons:

    (A) administrative bodies and civil servants.

    (B) authorized by the laws and regulations with the function of public administration institutions and which are approved in the light of the People's Republic of China Law on civil service management staff.

    (C) the administrative supervision of the other objects.

    Fourth administrative approval liability should stick to seeking truth from facts and mistakes must be corrected, penalties consistent with the responsibility, the principle of combining prevention and punishment.

    Fifth, one of the following circumstances, circumstances, consequences and damage, the unit shall give notice of criticism and annul the first selecting the best qualified; related persons ordered written examination, criticism, administrative warning, demotion, or dismissal constitutes a disciplinary offence, give him a warning, demerit, demerit, demotion or removal from Office of the disposition:

    (A) the illegal establishment of administrative approval items.

    (B) modification, revocation of administrative examination and approval matters according to law without changes, withdrawal.

    (C) adjustments to canceled, or decentralized administrative approval items continue approval or any form of disguised approval.

    (D) will be cancelled administrative approval items assigned to the subordinate unit or approval of other institutions and organizations to continue to implement.

    (E) administrative record, public service matters approval of disguised in various ways.

    (F) alter or change administrative examination and approval conditions.

    (VII) administrative approval is not in accordance with provincial government departments to the internal institutions at a relatively concentrated, the internal institutions at the district service centres, departments are not in accordance with the provisions of the right of approval to the Chief of Administration Service Center authorized window in place, administrative approval procedures in the administrative services centre in place.

    (VIII) without approval of the people's Governments at the same level, administrative approval items in this sector does not enter the Government Service Centre.

    (I) is not required to carry out parallel processing.

    Sixth, one of the following circumstances, circumstances, consequences and damage, the unit shall give notice of criticism and annul the first selecting the best qualified; related persons ordered written examination, criticism, the Executive warned, out of job, demotion or removal from Office constitutes a disciplinary offence and given a warning, demerit-demerit punishment:

    (A) is not in the Office public notice publicity materials according to law.

    (B) the applicant to submit the application materials are incomplete, do not comply with the statutory format, did not inform the applicant must correct everything at once.

    (C) to provide the applicant with the application of the administrative examination and approval matters unrelated to other materials.

    (D) meets the statutory conditions of the administrative examination and approval the application inadmissible or not in accordance with the regulations issued by valid written after accepting vouchers.

    (E) meets the statutory terms of not approving or for matter that does not meet the statutory criteria to be approved.

    (Vi) law should be based on the tender, auction results or test scores merit making an administrative decision, without bidding, auction or exam, or according to the bidding, auction result, test scores merit making an administrative decision.

    (G) restrictions on the number of administrative examination and approval, and is not required to meet the statutory requirements, application of standards, by accepting the order to grant administrative approval decisions.

    (H) is not in accordance with the procedures and regulations of administrative approval items.

    (I) in accordance with stipulations the scene settle or settle on time.

    (10) in accordance with statutory items and charges.

    (11) the hearing shall be held in accordance with law and did not inform the applicant or not holding a hearing.

    (12) the violation of regulations, consultation, evaluation of designated agencies as requirements for administrative approval.

    (13) serious violations of professional ethics or requirements.

    (14) other irregular implementation of administrative examination and approval.

    Seventh under any of the following circumstances, consequences depending on the circumstances, and the degree of hazard, the unit shall give notice of criticism, annul the assessment of qualifications; on the persons ordered to written examination, criticism, the Executive warned, removed from post, suspension, demotion or removal constitutes a disciplinary offence, give him a warning, demerit, demerit, demotion or removal from Office of the disposition:

    (A) approval does not perform supervisory duties or supervision.

    (B) the entrusted organization supervise and inspect the implementation of administrative approval does not, or does not stop and does not correct the violations.

    (C) complaints against illegal administrative approval activities report, verification, processing is not required. Article eighth administrative examination and approval Department, personnel agencies or departments with regulatory responsibilities, failure to perform supervisory duties or supervision, resulting in serious consequences, responsibilities, ordered written examination, criticism, the Executive warned, out of job, demotion or removal from Office.

    Constitutes a disciplinary offence, give him a warning, demerit, demerit, demotion or dismissal of an administrative sanction.

    Nineth under any of the following circumstances, it shall be given a heavier responsibility:

    (A) again should be held accountable.

    (B) interfere with, obstruct its responsibility to investigate.

    (C) to the complainant, the Prosecutor and the accused person or witness retaliation.

    (D) the refusal to implement the decisions of higher authorities to correct the violation to the law.

    Article tenth of the following circumstances, be given a lighter or mitigated punishment or be exempted from accountability:

    (A) the initiative to correct the error, or to cooperate with the investigation.

    (B) take measures to reduce or avoid a loss, or a timely elimination of adverse effects.

    (C) against others violation, the case.

    11th under any of the following circumstances, it shall not be held responsible:

    (A) for private party fraud, resulting in approval authority or person cannot be made correctly.

    (B) the responsibility due to force majeure circumstances.

    Article 12th holding unit accountable as provided herein, by units of the superior authorities or recommendations dealing with the supervisory organs at the same level or make a decision.

    Finding those responsible in accordance with this approach other than other forms of responsibility for administrative sanctions, by their appointment and removal, monitoring bodies or other authorities in accordance with the functions and powers of the right decisions in accordance with responsibilities of the person approach to administrative sanctions, by their appointment and removal or monitoring bodies.

    Administrative examination and approval article 13th violation of responsibility investigation to verify, in accordance with the regulations on the punishment of civil servants of administrative organs and the executive staff administrative fault responsibility investigation in Sichuan province for trial implementation measures, such as regulations.

    Administrative examination and approval article 14th violation, otherwise provided for by other laws, regulations, rules, from its provisions.

    Persons suspected of crime, transferred to the judicial organs according to law.

    15th administrative organs and other organizations carry out violations in the matter of the public service responsibility, in accordance with the measures implemented. 16th article of the rules take effect on May 1, 2010.