Development Environment In Heilongjiang Province Administrative Act Accountability Approach

Original Language Title: 黑龙江省损害发展环境行政行为责任追究办法

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Development environment in Heilongjiang province administrative act accountability approach

    (September 2, 2009 29th Executive meeting of Heilongjiang province by Heilongjiang provincial people's Government to the 13th release since September 24, 2009 as of October 1, 2009) Chapter I General provisions

    First to standardize the administrative enforcement action, optimize your development environment, promoting investment and sound and rapid economic and social development of the province, according to the laws, regulations and relevant regulations of the State, combined with the facts of the province, these measures are formulated.

    Article at all levels within the administrative area of the province administration, laws and regulations, administrative law enforcement power granted to organizations, units, commissioned by the administrative organs in accordance with the law has forced testing, inspection, and quarantine inspection agencies and their staff development environment, need to be held responsible for administrative actions, these measures shall apply.

    Third the people's Governments above the county level shall be responsible for organizing the implementation of these measures, specific work by the people's government supervisory organs at all levels are responsible for.

    Rule of the people's Governments at all levels, auditing, finance and other sectors in accordance with their respective legal duty is responsible for the implementation of the measures.

    Fourth people's government supervisory organs above the county level shall report annually to the people's Governments at the corresponding level of the implementation of these measures, and establish, telephone hotlines and email to receive complaint, investigating damage to the development environment administrative actions in a timely manner.

    Chapter development environment administrative acts

    Fifth, developing and implementing administrative decisions, development environment, any of the following circumstances, should be held accountable:

    (A) violation of the laws, regulations and Central, province regarding policy decisions and publish documents;

    (B) in the major economic activity, illegal made commitments or illegal granting of credit and financial guarantees;

    (C) formulate preferential policies are not implemented;

    (D) adopt discriminatory measures or even discriminatory treatment, such as, restrict or exclude investors;

    (E) without any justified reason, refuses to perform, not according to the time limit for execution, change or do not fully implement the decision of the higher administrative authority, order, ruling;

    (Vi) application of the law has expired, regulation, regulations, as well as Central Government, has announced the abolition of regulatory documents, or continue to apply laws, regulations, rules and announced normative documents have been deleted or modified terms.

    The sixth set and the implementation of administrative licensing, any of the following circumstances, should be held accountable:

    (A) the illegal establishment of an administrative license, additional administrative license conditions, unilaterally changed the statutory administrative permissions, set on its own, the implementation of administrative licensing inspection, audit or examination and review on a regular basis;

    (B) the implementation of national, province, has canceled administrative licensing matters, decentralization, transferring;

    (C) the administrative licensing law entrusted to another entity, or unlawful administrative license paid service powers handed over to intermediaries, or require the counterpart to accept its designated service of intermediary organizations;

    (D) arranged in the same administrative authorities is not determined within a uniformly accept administrative licensing applications and administrative licensing decision;

    (E) applying for administrative licensing items fail to implement one-time obligations, prevarication and prevarication, obstruction of the parties, or beyond the statutory time limit completes;

    (Vi) a lift charge, terms using administrative license illegal to collect an additional fee;

    (VII) other violations of the People's Republic of China administrative licensing law and the acts under the supervision of administrative permission regulations of Heilongjiang province.

    Administrative authorities at various levels for the community to implement the administrative permission behavior, provisions of the preceding paragraph shall apply.

    Seventh administrative charge unit, any of the following circumstances, should be held accountable:

    (A) the illegal establishment of toll or fee-setting criteria;

    (B) flat fee without expanding the range of fees, change fees, charges for changing links and charging, extension of the fee period, increasing standards;

    (C) items and reduced fees have been cancelled, according to the original project, standard, premium or changes its name to continue to pay;

    (D) pay license fees do not show or administrative law enforcement, does not inform the administrative relative person basis, standard or no statutory instruments;

    (E) other acts of illegal administrative charges.

    Other important public utilities included in the price list applicable prescribed in the preceding paragraph.

    Article eighth administrative inspection and other administrative acts, any of the following circumstances, should be held accountable:

    (A) not based on laws, rules, regulations or not complying with the statutory functions and powers and procedures for administrative review, administrative punishment and administrative compulsory, influence the lawful operation of enterprises;

    (B) the implementation of administrative law enforcement when checking or testing, inspection, and quarantine, do not produce a certificate of administrative law enforcement, does not inform the administrative relative person checking or testing, inspection, and quarantine and the basis is not on-site examination or test reports, inspection, and quarantine administrative relative person according to law, or repeat the inspection, testing, inspection, and quarantine;

    (C) when implementing testing, inspection, and quarantine, sampling or the return of samples not according to stipulations;

    (D) without approval of the provincial government, or failure to follow the approved requirements, road, railway stations, airports set up toll stations, checkpoints implemented fees and inspection;

    (E) orders issued or disguised target of fine, or a violation of separation of penalty decisions from collection of penalty provisions to collect fines;

    (Vi) violates the principle of combining education with punishment, education on minor infractions corrected in a timely manner, causing no harm, will be of administrative penalties;

    (G) abuse discretion, impose administrative penalties and violations of facts, nature, circumstances and social harm is obviously not quite;

    (VIII) for confiscation and seizure of property retention, use, distribute or disguised privately;

    (I) the illegal take administrative enforcement measures such as distress or does not serve a compulsory administrative decisions and lists of distress;

    (J) failing to properly keep the distress caused to the parties and the losses, disguised or charged fees;

    (11) the penalties in escrow, only be imposed regardless of, or try to make a correction within a time limit after the decision, failed to perform their supervisory duties or supervision;

    (12) other violations of the People's Republic of China Law on administrative punishment, Heilongjiang province, and the supervision of administrative penalty provisions of the Act.

    Nineth bidding, auction, any of the following circumstances, should be held accountable:

    (A) the right to use State-owned land, woodland, grassland, water and mineral rights configuration, directly related to the public interest market access in specific industries, the State-owned asset disposal, government investment in major projects as well as in government procurement, should public bid invitation, auction and public bidding and auction;

    (B) set conditions for inequality or discrimination, restriction, exclusion of bidders or potential bidders a fair competition;

    (C) supervision on bidding and auction activities so as to cause violation or manipulation, fraud, collusion, deception;

    (D) the bidding and auction after calibration, administrative organ refuses to perform without good reason or change performance;

    (E) other violations of relevant tenders, auctions and other aspects of the State laws, regulations, rules and regulations of the Act.

    Tenth line with the use of administrative power, to seek illegitimate interests, any of the following circumstances, should be held accountable:

    (A) the solicitation or acceptance of private property;

    (B) illegal administrative relative person should bear the public voluntary changes to the assessed property;

    (C) free of occupation and use of private cars, houses and other property;

    (D) requested or disguised request for administrative travel of persons, meals, Conference fees, fares, medical expenses and other fees;

    (E) the compulsory administrative relative person ordering newspapers, books, magazines, audio and video products and electronic publications;

    (F) unlawful force or disguised cases of compulsory administrative relative person participating in conferences, training, assessment, academic research, technology assessment, as well as associations, societies, seminars and other public organizations;

    (G) compulsory administrative relative person purchasing specified products or accept paid services;

    (VIII) other administrative counterpart's assessment of the illegal acts.

    11th work, any of the following circumstances, should be held accountable:

    (A) fails to perform the statutory duties on damage development of environmental administrative oversight or supervision of conduct;

    (B) shielding connivance, retaliate against or private party, or illegal intervention in financial disputes, damage to the development environment;

    (C) illegal administrative measures, leading to the mass of collective petitions, repeated petitions, or other factors of social instability;

    (D) inefficient administrative organs, staff were gruff, service quality is poor and uncivilized law enforcement, adverse consequences;

    (E) no statutory basis does not perform the obligation of executive compensation, Executive compensation;

    (F) an administrative law enforcement, violations of administrative counterpart's legal rights and interests, as well as other violations of laws, rules and regulations of administrative activity development environment.

    Chapter III responsibilities and accountability

    12th under any of the acts listed in chapter II of this approach in one of the natural persons, legal persons and other organizations the power to request reports, complaints and complaints.

    People's government supervisory organs above the county level after receiving the complaint, it shall, within 7 working days to decide whether to accept.

    The 13th after the authority hearing the case shall, within statutory deadlines, the result should be timely feedback to the complainants and the Government's Web site or otherwise open to the public.

    The 14th section of any of the acts listed in chapter II of this approach, shall be determined in accordance with the following responsibilities:

    (A) the sponsor's behavior directly, the undertaker take full responsibility;

    (B) the approver in the approval, change or refuse to adopt the undertaker, reviewer opinions resulting in illegal acts, all liability of supervisor;

    (C) the undertaker, Checker, approver has intentionally or negligently causes offence, each Party shall bear responsibility, approval of which bear the primary responsibility, the reviewers, the contractor to bear secondary responsibility;

    (D) the undertaker practicing fraud, and hiding the truth, error led to reviewers, approvers review, approval, the main liability of the undertaker, reviewer, approver bear secondary responsibility;

    (E) illegal due to official responsible for the direct intervention, who bear the primary responsibility, bear secondary responsibility other relevant personnel, but officers of views against the errors of the owner of, and is not responsible for;

    (Vi) decided collectively to make illegal, head of discussions under the auspices of a central responsibility, were made against bear secondary responsibility of other persons;

    (VII) made a mistake due to superior approval, leads to violations, by the relevant persons responsible.

    15th under any of the following circumstances, it shall be given a heavier treatment:

    (A) refuses to admit mistakes, failure to take timely remedial measures;

    (B) interfere with, hinder, not to cooperate with the investigation;

    (C) more than twice a year there is accountability;

    (D) the shield connection with personnel or fighting, revenge, against prosecutors, complainants, witnesses and other persons;

    (E) serious consequences, have an adverse social impact;

    (Vi) fraud, concealing the truth, resulting in findings of fact there is a significant deviation;

    (G) laws, regulations, rules and regulations of the other shall be given a heavier or worse.

    16th under any of the following circumstances shall be given a lighter or mitigated:

    (A) admit and correct mistakes, caused no major damage and influence;

    (B) actively to remove, to recover losses, of administrative relative person understanding;

    (C) cooperate with the investigation, has performed meritorious service;

    (D) the provisions of other laws, rules and regulations shall be given a lighter or mitigated.

    17th section responsible for administrative actions listed in chapter II of this approach, constitutes a disciplinary offence, shall be given administrative sanctions by the right to authority, accountability and may take one or several of the following ways:

    (A) shall be ordered to correct or public apology;

    (B) the commandments conversation;

    (C) notice of criticism;

    (D) cancel the annual selection excellent, advanced qualifications, or cancellation has been made within one year of excellence, advanced honors;

    (E) cancel or withdraw economic incentives;

    (Vi) withholding, collection of law enforcement, to cancel law enforcement qualifications, out of law enforcement jobs;

    (VII) suspended;

    (VIII) to resign;

    (I) be ordered to resign. 18th person unlawfully obtained economic benefits or responsibilities, or collection shall be returned ordered cannot be returned should be compensation.

    Non-economic benefits that are obtained, should be corrected in accordance with the relevant provisions.

    19th held responsible officer refuses to accept the decision of the accountability review, complaint, in accordance with the relevant State laws and regulations.

    20th investigation according to law should be avoided, in accordance with the relevant State laws and regulations.

    21st accountability bodies and their staff shall have any of the following circumstances, the higher administrative authority shall order rectification and accountability under the law:

    (A) complaints against administrative acts on the development environment should be admissible and inadmissible;

    (B) inefficient and drag on too long, is not the result of feedback in a timely manner of an informer or beyond the statutory time limit completes;

    (C) engages or cover up baby, report information to authorities, the persons concerned or have not been held accountable those responsible should be held accountable;

    (D) abuse their powers, neglect their duties, make findings and the fact that there is a serious error;

    (E) is not in accordance with these measures or laws, rules and regulations set out responsibilities of supervision or accountability.

    The fourth chapter by-laws 22nd article of the rules take effect on October 1, 2009.