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Harbin, Interim Provisions On The Administrative Examination And Approval Of Staff Administrative Sanctions

Original Language Title: 哈尔滨市行政审批工作人员行政处分暂行规定

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Provisional regulations for the administrative disposition of staff in the city of Harhama

(Adopted by the 58th ordinary meeting of the Government of the Hasahama on 26 November 2009)

Article 1, in order to regulate administrative approval, seriously investigate the offences committed in administrative approval by the staff of the executive branch, further optimizing the economic development environment, in accordance with the relevant laws, regulations, such as the National People's Republic of China's administrative licence law, the National People's Republic of China's Administrative Monitoring Act and the Civil Service Disposal Regulations of the Administrative Authority, and in the light of the actual practice of the city.

Article 2

Article 3 provides administrative clearance of staff and should uphold the principles of equity, justice, education and punishment.

Article IV

Article 5 Implementation of administrative approval is one of the following cases, giving warnings to the competent and direct responsible persons directly responsible for the disposal of the person; in the light of the gravity of the circumstances; and in the case of serious circumstances, giving a notice of the disposition:

(i) The application for administrative approval is not admissible or inadmissible in writing;

(ii) In the process of receiving, reviewing, deciding on administrative approval, the applicant and the stakeholder did not fulfil their statutory notification obligations;

(iii) The applicant's submission is incomplete and not in accordance with the statutory form and does not always inform the applicant of the full content that must be filled;

(iv) There is no legal statement of the grounds for inadmissibility of the application for administrative approval or for non-administrative approval;

(v) The holding of hearings by law without hearing;

(vi) Administrative approval involving multiple sectors, without timely and proactive coordination, cross-fertility, delays, or the transfer of other sectors after the completion of administrative clearances in the sector.

Article 6. Implementation of administrative approval is one of the following cases, with a view to distributing a person directly responsible and a person directly responsible, giving him or her accumulative treatment, in the light of the gravity of the circumstances, giving him or her aggregation or a reduction; and in the event of a serious nature, granting the removal of his/her duties:

(i) Applications for administrative approval in accordance with statutory conditions are inadmissible;

(ii) The application in conformity with statutory conditions shall not be subject to administrative approval or shall not take administrative approval decisions within the statutory period;

(iii) In accordance with the law, decisions on administrative approval should be made on the basis of tenders, auctions or examination performances, without solicitation, auction or examination, or without making administrative approval decisions based on tenders, auctions or examinations;

(iv) Increase other elements outside the statutory approval process;

(v) Increase other conditions outside the statutory approval conditions or limitations;

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

Article 7. Execution of administrative approval, supervision of inspection is one of the following cases, withheld or taken over by the competent and direct responsible person directly responsible for carrying out administrative clearance, supervision of inspection, and, in the light of the gravity of the circumstances, granting a reduction or dismissal; and, in the event of serious circumstances, granting the removal of the treatment:

(i) To grant administrative approval for applications that are not in accordance with statutory conditions or go beyond the statutory authority;

(ii) Designation of brokering services and suppliers to the applicant on behalf of administrative approval;

(iii) Continue to implement or adapt to the administrative approval already cancelled;

(iv) Failure to carry out oversight duties or oversight under the law, causing serious consequences;

(v) To request or receive the applicant's property or other interests.

Article 8. Leadership, means, directs, administrative approvals of staff members in violation of the provisions for administrative approval, or interference with administrative approval, has been given or has been disposed of, in violation of the provisions of regulations; in the light of the gravity of the circumstances, the award of a reduction or dismissal; and in the event of serious circumstances, the dismissal of a disciplinary measure.

Article 9. The Executive Approval staff shall be able to take the initiative of returning to an offence, take measures to effectively avoid or recover the loss, and shall be disposed of lightly and mitigated.

The circumstances in which the administrative approval of the staff member is committed are minor, and the changes are being made after criticism of the education, may be removed from the disposition.

Article 10

(i) In administrative review, administrative approval was withdrawn, changed or confirmed by the executive review body;

(ii) In administrative proceedings, administrative approval was dismissed by the People's Court of Justice or partially withdrawn;

(iii) The administrative approval is found to be in violation of the law in parent organs or at the same level and in the Government's administrative enforcement oversight inspection;

(iv) Complaints by citizens, legal persons and other organizations, the prosecution of the commission of administrative clearances against staff members;

(v) Other cases where administrative disposal procedures should be initiated.

Article 11 investigates and deals with administrative review staff suspected to be in violation of the law, regulations and regulations, such as the National People's Republic of China's Administrative Monitoring Act, the Civil Service Disposal Regulations of the Administrative Authority, and the management authority of the Ministry.

Article 12 Administrative approval staff subject to administrative disposition may apply for review or appeal in accordance with the relevant provisions of the National People's Republic of China's Administrative Monitoring Act, the Civil Service Act of the People's Republic of China and the Civil Service Disposal Regulations of the Administrative Authority.

Article 13

Article 14.