Qinghai province, complaints administrative efficiency approach
(August 29, 2008 the 17th Executive meeting of Qinghai province on January 7, 2009 in Qinghai? 67th province people's Government promulgated as of February 10, 2009) Chapter I General provisions
First to improve the working style of the Executive, to improve administrative efficiency and administrative effectiveness of complaint process work?, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China in the civil servants Act, the? people's Republic of China on administrative supervision law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
Second provincial executive authorities accepting and dealing with citizens, legal persons and other organizations (hereinafter the complainants)? the administrative organs and their staff (hereinafter respondent) administrative efficiency of complaints procedures apply.
Article III administrative efficiency and the handling of complaints and any mistake will investigate, dealt with according to law, and maintenance of the complainant and the respondent? the principle of equity.
The fourth people's government supervisory organs above the county level responsible for the sector and its workers of the people's Governments at the corresponding level of the complainant? as and lower level people's Governments and their leading personnel administrative efficiency of receiving, processing.
Designated by the supervisory organs and Governments at all levels work administrative effectiveness of complaint handling bodies (hereinafter referred to as complaints? accepting institutions) specifically responsible for the administrative efficiency of the accepted works.
Complaints unit leader, accepted by the people's government supervisory organs at the same level or superior supervisory organs, handling.
The fifth supervisory organs and Governments at all levels work and administrative departments shall open complaints bodies? effectiveness work telephone number, email address, Office address, and zip code, and through radio, television, newspapers,? the site and other media to the public.
Chapter II complaint
Sixth administrative organs and their staff of any of the following acts, the complainant has the right to complaint handling body? complaints:
(A) to comply with laws, regulations, regulatory matters and superior file, inadmissible, or after accepting it? is not in accordance with the regulations or commitment within the time limit;
(B) the illegal setting or implementing an administrative license, the administrative punishments, administrative fees and administrative compulsory measures?;
(C) in violation of open systems fail to perform the duty of openness, not meeting service commitments;
(D) refuse to make decisions and orders enforced the law, dereliction of duty, delaying work;
(E) breach of professional ethics, and work style of slack, poor working attitudes, resulting in adverse effects;
(Vi) other failure or incorrect functioning of the Act.
Seventh person may complain to the Organization the complaints, or by telephone, letter, fax, electronic? email complaints.
Eighth complaint concerned should have a clear complaint objects, indication of the complaint and the facts and reasons? and demands.
Nineth complainant shall comply with the provisions of the laws, regulations and rules, shall not fabricate facts, malicious complaints.
Tenth no unit or individual may block, restrict the complainant's complaint, or retaliate against the complainant.
Chapter III admissibility
11th complaint handling bodies after receiving the complaint, shall accept immediately, and notify the complainant in writing, but hiding? complaints notified otherwise.
12th complaints body should the verification and investigation of complaints, put forward opinions and suggestions.
The people's Governments at the corresponding level, superior supervisory organs and administrative efficiency matters assigned by the relevant departments by complaints? construction contractors.
13th complaints body to the complainant in writing complaints, should be registered on oral? or complaint, a record shall be kept; e-mail complaints should be downloaded and saved.
The fourth chapter deals with 14th an accepting institution shall the complaints within 5 working days from the date of acceptance, to the admissibility of complaints? for verification and to put forward opinions, supervisory organs, administrative organs at all levels should be made within 2 working days?.
Results of administrative efficiency and the handling of complaints shall be in writing and served on the complainant. Due to special reasons cannot be concluded, upon approval by the leadership of the agency or Department, you can extend the processing time limit?, and to explain to the complainant the reasons.
Need to go do, and related departments to handle the transfer of shall, within 3 working days, and will? transferred promptly notify the complainant.
Complaints assigned administrative efficiency, shall, within 20 working days investigation and reported to the investigation and handling of the end?. 15th complaints Agency staff shall comply with the confidentiality provisions, the complainant requests confidentiality, it shall? confidentiality for complainants.
Complaints may not be material to the respondent.
16th complaints bodies dealing with administrative efficiency matters, the right to take the following measures:
(A) require the respondent to provide documents relevant to the issues in the complaint, information, and is the subject of complaint they actually are? notes;
(B) the requirements are the complainant and the relevant units and individuals to assist, cooperate with the investigation;
(C) asked the complainants within the time stated in the proper performance of duties;
(D) order the respondent to stop violations of laws, rules, regulations, and decisions and orders of the Government.
17th complaints Agency staff should be ready to accept registration, processing results and related data? archives work. The 18th applicant complaints complaints against the outcome of the case, since the date of receipt of the decision? within 30th of supervisory organs at a higher level to make a decision on the complaints.
Complaint against an administrative authority complaints handling results?, May 30th from the date of receipt of the decision to the supervisory organ or Administrative Department of complaints at a higher level.
19th has been dissatisfied with the complaints authority decisions, from the date of receipt of the decision, 30th? lodge review application to the supervisory organs; the complainant appealed against the executive decision, from receipt? within 30th of decision apply to the authorities for review.
The 20th supervisory organs through supervision in the form of recommendations, and asked the complainant to correct violations of the law?, regulations, rules or administrative disciplinary action, asked the complainant for the damage caused by taking remedial measures.
21st supervisory organs shall regularly would complain of administrative efficiency and the results announced to the public,? subject to community supervision.
22nd superior supervisory organs shall strengthen the subordinate supervisory organs and the people's Government departments? complaints oversight and direction of the work of political effectiveness.
Results of administrative efficiency and the handling of complaints, as the annual assessment of the effectiveness of the Executive administrative organs at all levels should be important content.
The fifth chapter legal liability
23rd executive staff has the sixth one of the provisions of these measures, by their position change? criticized handling of education, correction or adjustment to work in serious cases, by their position change? close or the supervisory authorities in accordance with the relevant provisions of the regulations on the punishment of civil servants of administrative organs be given an administrative sanction; committed constitute? crime, criminal responsibility shall be investigated according to law.
24th complaint handling staff have one of the following acts, by its position change authority? criticized handling of education, correction or adjustment to work in serious cases, by their functions and appointment and removal or? the supervisory organ shall be given administrative sanctions:
(A) complaints against breaches of confidentiality, information disclosed to the respondent the complainant;
(B) is not required to entertain or inform the complainants of the outcome;
(C) complaints to be handed over are not transferred in a timely manner;
(D) not complying with the time limits and procedures for handling complaints.
The 25th executive staff blocked, limiting the complainant's complaints or of retaliation on the complainants,? by its position change agency or supervisory organs in accordance with the People's Republic of China on administrative supervision law and the administrative bodies corporate? and other relevant provisions of the regulation on the punishment of administrative sanctions.
26th complainant fabrications, malicious complaints, violations of the People's Republic of China on public security administration punishments? Act, by the public security organs shall be subject to punishment.
The sixth chapter supplementary articles
Mentioned in the 27th article of the measures the executive authorities, including legal and authorized rights to administer public affairs functions? organization and accepted administrative organ entrusted with administrative functions of the unit.
28th people's Governments above the county level and their departments, in accordance with this approach, combining developing? measures for its implementation. 29th these measures shall come into force on February 10, 2009.