Key Benefits:
(The 8th ordinary meeting of the People's Government of Glin, 9 July 2007, considered the adoption of the Decree No. 193 of 18 September 2007 of the People's Government Order No. 193 of 18 September 2007 for publication beginning 1 January 2008) Chapter I General Article 1, in order to strengthen and improve the level of oversight mechanisms within the executive branch, to prevent and redress violations, inappropriate administrative law enforcement, to guarantee and monitor the exercise of the executive branch by law, to protect the legitimate rights and interests of citizens, legal persons and other organizations, and to develop this approach in accordance with the relevant legal regulations. Article 2, this approach applies to the supervision of the administration of justice at all levels of the people of the province and its executive organs of the organization authorized by the executive organs of the lower executive branch, legal regulations and regulations. This approach refers to administrative law enforcement as an administrative act of law, regulations and regulations by executive organs (including organizations entrusted by the executive branch under the law), authorized by the law and regulations, in addition to regulations, normative documents and internal administrative acts. Article 3. The provincial authorities are responsible for the supervision and supervision of administrative law enforcement at all levels of the province, under the leadership of the provincial government. The rule of law sector and sectoral rule of law institutions at all levels are responsible for administrative law enforcement oversight in the present administration, under the leadership of the Government and the sector. Sectors such as inspection, audit, finance are subject to oversight of administrative law enforcement in accordance with their respective mandates. Article IV. Administrative law enforcement oversight must be guided by the principles of law, objectivity, impartiality, openness and integrity, the combination of education and punishment, the supervision of inspections and improvements, and the strict administration of law at all levels of administration and law enforcement officials in order to preserve the legitimate rights and interests of citizens, legal persons or other organizations. Chapter II Oversight elements Article 5 (i) Organization, deployment and implementation of laws, regulations and regulations; (ii) The legal qualifications of the executive law enforcement subjects and whether administrative law enforcement is lawful; (iii) Does administrative law enforcement personnel have the qualifications and conditions required; (iv) Whether the executive law enforcement authorities are properly performing their statutory duties; (v) The legality and appropriateness of specific administrative acts, such as administrative penalties, administrative licences, administrative charges, administrative payments, administrative recognition, administrative decisions and administrative enforcement; (vi) The legality and appropriateness of other administrative law enforcement acts. Article 6 conducts administrative acts such as personnel handling, external management, civilian mediation or treatment of administrative organs, which are governed by the relevant organs in accordance with the relevant laws, regulations, regulations and regulations. Chapter III Oversight bodies and personnel Article 7. Article 8. Article 9. The provincial Government's rule of law sector can be entrusted to the municipalities (States), districts (communes, districts) and the Government's rule of law sector to establish administrative law enforcement authorities in their administrative areas, which are under their own authority. Specific approaches to oversight are developed by the provincial Government's rule of law sector. Article 10. The executive law enforcement inspectors are established by more than the provincial governments. All levels of government rule of law and government-owned departments are dedicated to executive law enforcement inspectors; other personnel other than administrative authorities involved in administrative law enforcement oversight are invited to executive law enforcement inspectors. The executive law enforcement inspector is required to perform oversight duties under the “Guide of Administrative Enforcement of the People's Government of Chilin Province”. The establishment of an administrative law enforcement inspector and the issuance of administrative law enforcement warrants are governed by the provincial Government's rule of law. In carrying out their duties, the executive law enforcement inspector has the right to ask administrative law enforcement authorities and administrative law enforcement officials who have been inspected to present administrative law enforcement documents, provide information on the law enforcement files, provide information on documentation to end and correct violations, inappropriate administrative law enforcement practices and make recommendations and observations. Administrative law enforcement agencies and administrative law enforcement officials should cooperate to receive oversight inspections, such as true clarifications, must not be denied and improved administrative law enforcement in accordance with requests to redress violations, inappropriate administrative law enforcement. Chapter IV Article 12. Implementation of the administrative law enforcement reporting system. Governments should report regularly to the Government at the highest level on the implementation of administrative law enforcement; executive law enforcement authorities at all levels should report regularly to the current level on the implementation of administrative law enforcement. The provincial Government's rule of law sector establishes the executive enforcement reporting system. Article 13 imposes a system of commissioning administrative law enforcement. Governments at all levels have entrusted other executive organs or business organizations with the performance of administrative law enforcement duties and should be backed up to the Government's rule of law sector. Other executive organs or business organizations are entrusted by all levels of government to perform administrative law enforcement duties, and should be submitted to the Government's rule of law sector. Article 14. The commission of administrative law enforcement shall be authorized by the competent organ to make a written entrustment decision and to submit a request within 15 days, including a written report, an administrative law enforcement entrustment and a notice document, which shall state the grounds for the commission of administrative law enforcement, the basis and the basic circumstances of the institution or organization entrusted. Article 15. Execution of the administrative enforcement inspection system. The rule of law sector at all levels prepares an annual administrative law enforcement inspection plan, followed by the approval of the Government. The rule of law sector at all levels can organize special administrative enforcement inspections and random inspections, based on actual circumstances. Article 16 allows administrative law enforcement inspections to be carried out, inter alia, by hearing reports, convening colloquiums, on-site inspections, access to administrative law enforcement files, reviewing the voucher of the accounts and visiting the administrative relative. Following administrative law enforcement inspections, the Government's rule of law sector can report to the current level of government on a case-by-case basis, inform the executive branch and, where necessary, inform the society. Article 18 imposes complaints and reporting systems for administrative law enforcement. Civil, legal or other organizations believe that administrative law enforcement by administrative law enforcement organs is in violation of, inappropriate, and can lodge complaints, reports to the competent government rule of law within one year from the date of administrative law enforcement. Complaints, reporting matters are in compliance with article 5 of this approach, and the Government's rule of law should be admissible, incompatible with the inadmissibility; within the scope of administrative review, the applicant should be informed of the application of administrative review by law; the people's courts, inspections, correspondence, etc. bodies that have been or are being processed, and the grounds for the non-receptability of the complainant should be communicated in writing. The rule of law of the Government should inform the admissibility of complaints, the reporting of institutions and contact. Article 20 of the Government's rule of law authorities should investigate the complaints received, report matters within 60 days and inform the complainant of the results. Article 21 of the Government's rule of law receives complaints, reports and does not collect any expenses to the complainant. Article 22 states that all levels of government should establish a robust monitoring system to enhance oversight of administrative law enforcement in this sector and the system. Chapter V In the case of investigation or inspection by the Government's rule of law sector, administrative law enforcement inspectors may not be less than two individuals and should present administrative law enforcement documents to administrative law enforcement authorities and administrative law enforcement officials. Article 24 may take the following measures when investigations or inspections are conducted by the Government's rule of law: (i) Inquired administrative law enforcement agencies and administrative law enforcement officials, enquired about administrative relatives, witnesses and the production of investigation records; (ii) Access to administrative law enforcement files and accounts, tickets, vouchers and, if necessary, replicated; (iii) Collection of evidence, including through audio recordings, videos; (iv) Removal of administrative law enforcement documents, subject to written evidence. The administrative law enforcement organs and administrative law enforcement officials surveyed or inspected should, as a matter of enquiry, provide information on documentation, assist in investigations or inspections and refrain from destroying or transferring evidence. Article 25 The rule of law sector of the Government, in accordance with the investigation, inspection findings, may make the following difference: (i) To follow up on laws, regulations, regulations, deployment, implementation, and to provide for a restatement of views, accountability for the improvement of the work of the administrative organs concerned and to inform them; (ii) To entrust administrative law enforcement with a breach of the relevant provisions, the time limit of responsibility is being changed, the impossibility of the delay, the recognition of the commission of invalidity and the issuance of public notices; (iii) The failure to obtain administrative law enforcement documents to perform administrative law enforcement efforts to stop administrative law enforcement; (iv) Administrative law enforcement officials have an offence and, in the event of a grave nature, decide to collect administrative law enforcement documents, remove administrative law enforcement qualifications, reject the release of documents and denounce them; (v) Execution of specific administrative acts in violation of the law, misappropriation of the period of time, misrepresentation and recognition of violations, invalidity; (vi) Execution of the duration of the period of time without the fulfilment of the statutory duties; (vii) Execution of administrative penalties, administrative charges, and assessment of property in violation of the law, order to return the period of time of illicit proceeds to the parties and to the extent that they cannot be returned and unpaid, and determine the collection of the same-ranking finance. Violations and dispositions of administrative law enforcement agencies and administrative law enforcement officials may be communicated or made available to the executive branch. Article 26 Administrative law enforcement is detrimental to the legitimate rights and interests of citizens, legal persons or other organizations, and the parties may claim compensation in accordance with the provisions of the National Compensation Act, as confirmed by the Government's rule of law. Chapter VI Legal responsibility Article 27 of the executive law enforcement authority violates the legitimate rights and interests of the public interest and citizens, legal persons or other organizations, and shall be subject to administrative disposition by law, and the Government's rule of law shall, in accordance with the competent authority of the Ministry of Management, request the present Government or recommend that the inspector should be given administrative disposition by the competent authority; in the event of serious alleged crimes, transferred to the judiciary. Article 28, refusal by executive law enforcement authorities to obstruct the investigation, is changing by an order that is not automatically correcting the violation or does not implement administrative law enforcement oversight decisions, and the Government's rule of law, in accordance with the competent authority of the Ministry of Management, requests the Government or recommends that the inspector be given administrative disposition by law to the responsible person. Article 29 imposes serious consequences on the administration of supervisory authorities and supervisors in violation of their supervisory authority, which is subject to the administrative disposition of the responsible person by their superior authorities or by the inspectorate body, in accordance with the law; in the case of serious alleged crimes, the transfer of the judiciary. Chapter VII Article 33 This approach is explained by the Office of the Provincial Government Rule of Law. Article 31 is implemented effective 1 January 2008. The Government of the People of Chilin Province issued on 3 February 1999 the Administrative Punishment Monitoring of the Chilin Province, which was repealed by the Government of the People's Government of the Chilin Province on 5 September 2004. |
