Executive Heads Of Department Work Of The Shantou City Government Accountability Interim Provisions

Original Language Title: 汕头市人民政府所属工作部门行政首长问责暂行规定

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(November 22, 2007 Government of Shantou 13th Executive meeting on November 29, 2007 Government of Shantou to 98th, published since as of January 1, 2008) first in order to strengthen the supervision of Executive Heads of the municipal people's Government Department, to improve administrative efficiency, prevent and reduce administrative mistakes, promoting administration according to law, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these provisions are formulated.
    Second municipal people's Government accountability to the Executive Heads of the respective departments governed by these provisions.
    Referred to in the preceding paragraph consisting of work sectors, including municipal departments, directly under the bodies, offices, agencies and other bodies exercising administrative functions according to law (hereinafter referred to as municipal governments); call Chief Executive refers to the main municipal government department heads (working under the auspices of Deputies).
    Article on accountability follows the powers and responsibilities of the Executive heads unity, mistakes will investigate, commensurate with the responsibilities of fault, the principle of combining education and discipline. Fourth article municipal government sector has following case one of of, should in accordance with this provides on its administrative heads be asked accountability: (a) implementation superior organ of decision and deployment poor of: 1, and not implement implementation or not implementation national of approach policy, and superior organ law made of decided and command; 2, and no due reason failed to regular completed City Government determine by its bear of work task; 3, and not right implementation superior organ law made of decision and deployment, to public interests, and administration relative people lawful rights and interests of, and
    Cause serious losses of State property or affecting the Government's overall deployment. (Ii) violation provides for decision, occurred major decision errors of: 1, and beyond permission unauthorized decision; 2, and major decision matters not according to provides of program and rules of procedure of the rules for decision; 3, and major decision matters not according to provides for publicity, and organization Advisory argument or feasibility argument; 4, and social involved surface wide, and and people interests is closely related to of decision matters, not according to provides through organization hearing, and feasibility study meeting, form heard views; 5, and should public of decision information not by provides public; 6, and developed and legal
    Policies, rules, regulations or superior to contradict the provisions of normative documents, administrative decisions or orders, 7, illegal establishment of an administrative license, the administrative punishments, administrative fees or compulsory administrative measures; 8, due to poor decisions caused heavy casualties, damage to property, ecological and environmental damage or other adverse social impacts. (Three) not perform or not seriously perform administration duties of: 1, and concealed, and lied about, and late reported burst public event, important information; 2, and occurred heavy King burst public event Shi, not according to about provides, and superior requirements and reality, timely, and properly, and effective processing and organization about rescue work; 3, and not according to about provides and requirements established sound security work regulations, and developed public burst event emergency plans, or found major public security hidden and production security hidden Hou not law take measures, Led to occurred heavy King accident or caused bad social effect; 4, and illegal or improper take administrative measures raised group event, or on group, and burst sex event disposal misconduct caused serious consequences; 5, and on involved people legal interests of major problem can solution and not timely solution, caused serious consequences or bad social effect; 6, and administrative not as or illegal implementation administrative license, and administrative punishment, and administrative career sex charges, and administrative forced measures, caused serious consequences or bad social effect; 7, and
    Illegal intervention market activities, or on disrupt market order of behavior regulatory poor or condoned, and shield; 8, and interception, and stranded, and crowding out or misappropriated financial special funds and Government escrow funds; 9, and violation provides arrangements using financial, and State-owned assets, caused funds waste or State-owned assets loss; 10, and for neglect management, and disposal improper led public interests, and administration relative people lawful rights and interests of suffered serious damage or caused bad social effect. (Four) not seriously perform internal management duties of: 1, and efficiency low, service quality poor, masses reflect strongly; 2, and violation cadres selection appointments provides selection appointments cadres, caused serious bad effect; 3, and employing serious oversight, and errors, caused serious consequences; 4, and on this units of illegal disciplinary behavior hide not reported, or shield, and shield, and condoned; 5, and directed, and inspired this units staff fraud; 6, and directed, and inspired, and condoned this units staff block, and intervention, and
    Fighting supervision and inspection, or cases, or to investigators, prosecutors, accused person, witness retaliation.
    (E) other municipal people's Government that it should be accountable.
    Fifth article administrative heads has following case one of of, should in accordance with this provides on its asked accountability: (a) in public occasions published lossy Government image of speech; (ii) leak national secret or by master of work secret; (three) using work of will for himself or relatives seek interests; (four) on spouse, and children and the side staff of illegal disciplinary behavior informed regardless of, or shield, and condoned; (five) City Government think should asked accountability of other case.
    Article sixth accountable manner: (a) the commandments conversation; (b) order the rectification, and (iii) order the written examination; (d) ordered an apology (v) cancel the current year assessment of advanced and excellent qualifications; (vi) informed criticism; (VII) order tingzhifansheng or resign; (VIII) recommends removal.
    Accountability set forth in the preceding paragraph, you can separately or concurrently.
    The first paragraph of this article (VII), (VIII) provision of accountability, in accordance with the regulations on cadre management permissions.
    Article seventh Mayor found that municipal governments or their executive heads allegedly of this article fourth, fifth article, can be decided by the city watchdog opened an investigation procedure.
    The Mayor decided to start the investigation process, may order or authorize the Deputy Mayor to entrust the Executive heads to report in person.
    Article eighth Mayor decided to start the investigation process, Mayor of municipal supervisory authority shall, within 7 working days from the date of the decision for investigation and verification.
    Nineth article survey personnel has following case one of of, should itself avoided, was survey personnel and and survey matters has interest relationship of citizens, and corporate or other organization right to requirements its avoided: (a) is was survey personnel of near relatives; (ii) handle of survey matters and I has interest relationship; (three) and handle of survey matters has other relationship, may effect survey matters just processing.
    Municipal supervisory authority leadership challenge by the Mayor decided to challenge other investigators led by the city watchdog personnel decisions.
    The Mayor found that investigators should avoid situations of, can be directly decided on the withdrawal.
    Tenth executive heads shall cooperate during the investigation, providing real case, shall not in any way hinder or interfere with investigations.
    Chief executives surveyed during the presentation and defence of rights.
    11th municipal supervisory authority shall after the end of the investigation, findings in writing inform the Executive Head of the investigation, and inquired about their findings have no objection to it. 12th municipal supervisory authority shall, within the 30 working days to complete its investigation and submit a written report to the Mayor.
    Surveys should include specific facts, conclusions, whether there should be accountability as well as the application of accountability, and so on.
    Case were particularly complex, reported to the Mayor agreed that completed its investigation may be extended to three months.
    13th report of the investigation, the Mayor decided not to accountability, municipal supervisory organs should the findings and the Mayor decided to notify the Chief Executive is under investigation.
    Article 14th considered necessary accountability for the Mayor, according to the report, monitored by the city authorities will investigate the report submitted to the Standing Committee of the Municipal Government to discuss.
    Executive meeting when discussing the report of the municipal government, and statement by the Executive heads and surveyed the right to plead.
    15th Mayor of make accountability based on the deliberations of the Standing Committee of the Municipal Government decides, and monitored by the municipal authorities are responsible for implementing.
    Resigned before the 16th Chief Executive be accountable, no longer be accountability in accordance with these provisions.
    Article 17th accountability accountability is dissatisfied with a decision by the Executive heads, can receive accountability municipality, within 10 working days from the date of decision to apply for a review; in special circumstances, you can extend the 5 working days.
    18th Mayor can according to the content of the application for review obliges municipal supervisory agencies in the review report submitted within 7 business days, can also be formed investigation teams to review, and review reports submitted within 20 working days.
    During the review, review, original decision may suspend the implementation of accountability.
    19th article Mayor according to review report or review report, according to following provides made decided: (a) original survey report finds of facts clear, evidence, applies asked accountability way appropriate of, decided maintained; (ii) original survey report finds of facts clear, evidence, but applies asked accountability way improper of, decided change asked accountability way; (three) original survey report finds of facts not clear, evidence insufficient of, decided revoked asked accountability decided.
    Article 20th accountability the Executive Heads of the violation of administrative discipline, shall be given administrative sanctions violation of party discipline, shall be subject to party disciplinary measure constitutes a crime, criminal responsibility shall be investigated according to law.
    21st, supervisory organs in the process of investigation found other staff departments of the municipal government were at fault, shall be investigated for responsibility.
    22nd investigators abuse their power, through misconduct, neglect their duties, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 23rd according to the required notice and decision instrument, monitored by the municipal authorities are responsible for preparation and delivery.
    24th of municipal people's Government accountability to the Executive Heads of district and county people's Government to implement, in accordance with this regulation. People of the district? House to its subordinate departments, the lower level people's Governments (including street) the Executive Heads of implementing the accountability system, with reference to these provisions.

    25th article of the regulations come into force on January 1, 2008.