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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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Accountability for environmental administrative acts in the Blackang Province

(Adopted by the 29th ordinary meeting of the Government of the Blackonang on 2 September 2009)

Chapter I General

Article 1 provides for the regulation of administrative law enforcement, the optimization of the development environment, the promotion of solicitation and the rapid development of the economy, society at large, and the development of this approach in line with the laws, regulations and national regulations.

Article 2

Article 3

The work sectors at all levels of the people's Government are responsible for the implementation of this approach in accordance with their legal responsibilities.

Article IV. The authorities of the people at the district level should report annually to the Government of the people at this level on the implementation of this approach and establish, publish the telephone and electronic mail boxes, receive complaints and promptly investigate environmental administrative acts.

Chapter II

Article 5

(i) Decision-making and publication of documents contrary to laws, regulations and central, provincial and relevant policies;

(ii) In major economic activities, the various commitments made in violation or the provision of credit, economic security in violation;

(iii) The non-implementation of the preferential policies established by law;

(iv) Constraints or exclusions of investment in investors, including through unequal measures or even discriminatory treatment;

(v) There is no justification for denying implementation, without time-bound implementation, changes in implementation or failure to fully implement decisions, orders, decisions of superior administrative bodies;

(vi) The application of the laws, regulations, regulations and the normative documents that have been declared invalid, or the continued application of laws, regulations and normative documents that have declared deletion or modification.

Article 6 creates and implements administrative licences, with one of the following cases, accountable:

(i) The establishment of administrative licences in violation of the law, the establishment of additional administrative licence conditions, the unauthorized change of the statutory administrative licence authority, the self-creation, application of the annual inspection, annual or periodic inspection and review;

(ii) Execution of administrative licence matters that have been cancelled, delegated and transferred by States, provinces;

(iii) The commission of administrative licences by other units in violation of the law or the transfer of administrative licensor authority to the intermediary for the enforcement of paid services, or the requirement for the administrative relative to receive the services of the designated intermediary organization;

(iv) There is no determination within the same administrative body to harmonize the application of administrative licences and to bring administrative licence decisions;

(v) No one-time notification of the application for administrative licences, prequalification, harassment of the parties, or departure from the statutory time frame;

(vi) Cardage fees and the use of administrative authorizations to collect other costs in violation of the law;

(vii) Other violations of the provisions of the National People's Republic of China's Administrative Accreditation Act and the Regulations on Administrative Accreditation in the Blackang Province.

Non-administrative licences for social implementation at all levels of administration apply the provisions above.

Article 7. Costs for the implementation of administrative acts, one of the following cases, should be held accountable:

(i) The establishment of a fee project in violation of the law or the development of a fee standard;

(ii) The charge-by-charge expansion of the scope of fees, changes in the subject matter of fees, changes in fees and fees, extension of the fee period, and enhancement of the fees standard;

(iii) Reimbursement of charges already cancelled and lowered charges are maintained on the basis of original projects, standard fees or change names;

(iv) No charges are presented at the time of implementation of the licence or administrative law enforcement documents, that are not communicated to the administrative comparatively charged basis, standards or that the legal instruments are not used;

(v) Other violations of administrative fees.

Other important public utility actions included in the Government's pricing catalogue are applicable.

Article 8

(i) There is no legal, regulatory, regulatory basis or administrative inspection, administrative sanctions, administrative coercion, which affect the legitimate operation of the enterprise, in accordance with the statutory terms and procedures;

(ii) In implementing administrative law enforcement inspections or testing, detection, quarantine, the absence of administrative law enforcement documents that are not communicated to the relative administrative inspectorate or to test, detect, monitor and quarantine content and base, no on-site checking or testing, testing, testing, quarantine reporting is provided to the administrative relative in accordance with the law, or duplicate inspections, testing, testing and quarantine;

(iii) When testing, testing, quarantine is carried out, no sampling or return of samples is required;

(iv) The establishment of fees and inspections at road, vehicle stations, air ports, checkpoints without approval or approval by the provincial government;

(v) Producing or distributing a fine indicator, or in violation of a fine decision to collect a fine;

(vi) In violation of the principle of a combination of education and punishment, the prompt transformation of minor offences by education and the failure to result in the consequences of the harm and administrative punishment;

(vii) The abuse of the right to discretion, the fact, nature, circumstances and the extent to which administrative sanctions are imposed, and the level of social harm is apparent;

(viii) Separation, use, private separation or conversion of property that is not punishable and seized;

(ix) Execution of administrative coercive measures, such as seizures, or failure to send administrative coercive decisions and seizure lists of property;

(x) No seizure of property by law, loss or fees charged to the parties;

(xi) The failure to perform regulatory duties in a timely manner, or to regulate incapacity, after the imposition of an order of impunity, or the correction of time;

(xii) Other violations of the Act on Administrative Punishment of the People's Republic of China and the Administrative Punishment Monitoring of the Blackang Province.

Article 9. In solicitation, auction activities, one of the following cases shall be held accountable:

(i) In the process of national land, forest land, grassland, water and mining power-sharing, market access for specific industries of direct interest, State asset disposal, government investment in major projects and government procurement, public tenders, auctions are not openly solicited, auctions and auctions;

(ii) Limitation, exclusion of potential bidders or competing buyers of fair competition, including through the creation of unequal conditions or discrimination treatment;

(iii) Inadequate regulation of solicitation, auction activities, resulting in violations of the law, or incest operations, misappropriation, malicious collation, provocative fraud;

(iv) After tendering, auctioning of tenders, the executive branch has no reason to reject or change implementation;

(v) Other violations of national legislation, regulations and regulations relating to tendering, auctions.

Article 10. Use of administrative power for the benefit of reason and one of the following cases should be held accountable:

(i) To request or receive administrative property;

(ii) Changes in public interest obligations to which the administrative relative is responsible in violation of the law as an agent;

(iii) Non-reimbursable possession and use of property such as vehicles, houses, etc. of the administrative counterparts;

(iv) Requirements or variations require administrative counterparts to cover costs such as travel, catering, conference fees, repair and medical expenses;

(v) Execution of the administration to purchase newspapers, books, magazines, audio-visual products and electronic publications;

(vi) The participation, training, evaluation, academic research, technical examination and social groups such as associations, institutes, research boards, etc. in violation of the law;

(vii) mandatory purchase of designated products by a relative administrative officer or receive paid services;

(viii) Other abuses committed against an administrative relative.

Article 11 worked with one of the following cases and should be held accountable:

(i) The failure to perform statutory responsibilities to fail to detect or regulate environmental administrative acts;

(ii) Accompanies, combats the administrative relativeities of retaliation, or engage in economic disputes in contraventions that undermine the development environment;

(iii) Execution of administrative measures in violation leading to mass collective visits, repeated visits, or triggering other social instability factors;

(iv) The inefficiencies of administrative organs, the poor quality of services, the non-civilization of law enforcement, resulting in negative consequences;

(v) There is no statutory obligation to perform administrative compensation and administrative compensation;

(vi) Execution of administrative law enforcement in violation of the legitimate rights and interests of the administration and other violations of laws, regulations, regulations and regulations.

Chapter III Identification and accountability

Article 12 has one of the acts listed in chapter II of this approach, and natural persons, legal persons and other organizations have the right to submit reports, complaints and complaints.

After the complaint reports received by the Government's inspectorate at the district level, it should be decided within seven working days.

Article 13 shall be closed within the statutory time frame after the competent organ is entitled to receive the case and the results shall be promptly feedback to the complainant and be made public to society on the Government's website or through other means.

Article 14.

(i) The act taken directly by the contractor, which assumes full responsibility;

(ii) The author's change in or non-application of the custodian, the right opinion of the licensor has resulted in the offence and the author assumes full responsibility;

(iii) The custodian, the licensor, the licensor, the licensor, the holder, or the author, should be held accountable separately, with the primary responsibility of the licensor and the custodian;

(iv) In the case of the custodian, concealing the truth, leading to the error of review, approval and approval by the licensor, with the primary responsibility of the licensor and the responsibility of the reviewor, the holder;

(v) Since the direct intervention of the Head concerned leads to the violation of the law, the head assumes the primary responsibility and the secondary responsibility of other relevant personnel, but the person concerned does not assume responsibility for the wrongness of the head;

(vi) The main responsibility of the head of the discussion, with collective discussions to determine the commission of an offence, and the responsibility of the other persons who have not made a boycott;

(vii) The responsibility of the relevant responsibilities at the superior level is vested with respect to the conduct of an offence due to a prior review and error of decision.

Article 15 states that:

(i) To refuse to recognize errors and to refrain from adopting remedies in a timely manner;

(ii) interference, obstruction and non-coordinated investigations;

(iii) There are more than two cases of accountability within one year;

(iv) To cover the same person or to combat, revenge, trapped, accused, witnesses and others;

(v) The grave consequences and the adverse social impact;

(vi) Restructuring and concealing facts, leading to a significant bias in the findings and facts of the investigation;

(vii) Other provisions of laws, regulations and regulations should be dealt with either retroactive or aggravated.

Article 16 states that:

(i) Actively recognize and correct errors in a timely manner, without causing significant damage and impact;

(ii) To actively eliminate impact and recover losses and to receive administrative relative understanding;

(iii) Actively in collaboration with the investigation, with performance;

(iv) Other provisions of laws, regulations and regulations should be dealt with in light or mitigation.

Article 17 concerning the existence of administrative acts by the responsible person listed in chapter II of this approach, which constitutes a violation of the law, shall be subject to administrative disposition by the competent organ and may be held accountable by:

(i) Removal or public apology;

(ii) To caution against statements;

(iii) To inform criticism;

(iv) Removal of the excellent and advanced qualifications of the annual evaluation or the removal of the good and advanced honour that has been achieved during the year;

(v) Removal or recovery of economic incentives;

(vi) Removal, seizure of law enforcement documents, removal of law enforcement qualifications and removal of law enforcement positions;

(vii) Removal inspection;

(viii) The resignation;

(ix) Resignation.

Article 18 The responsible person or the responsible unit shall be responsible for the return or collection of the deadline and shall not be compensated. Non-economic benefits received should be corrected in accordance with the relevant provisions.

Article 19 was taken up by the responsible person against the decision not to file a review and complaint, in accordance with the relevant national laws, regulations and regulations.

Article 20 shall be avoided by the investigating officer in accordance with the relevant national laws, regulations and regulations.

Article 21: The accountability authority and its staff are one of the following cases, which are redirected by the executive branch and are held accountable under the law:

(i) Complaints that undermine the development of environmental administration should be admissible and inadmissible;

(ii) Inefficiencies, long-term delays, failure to provide timely feedback on the results of the process or to go beyond the statutory time frame;

(iii) Instruction in private fraud, sheltering, disclosure of information to the relevant units, persons concerned or those responsible should be held accountable;

(iv) Abuse of authority,ys and neglect, findings of the investigation and the fact of a significant bias;

(v) Other oversight inspections or accountability are not carried out in accordance with this approach or by law, regulations and regulations.

Chapter IV

Article 2