Xinjiang Uyghur Autonomous Region, Enterprises ' Burden Supervision

Original Language Title: 新疆维吾尔自治区企业负担监督办法

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(May 14, 2007 the Xinjiang Uygur Autonomous Region people's Government, the 40th Executive meeting on May 16, 2007 143th Xinjiang Uygur Autonomous Region people's Government promulgated as of July 1, 2007) first in order to protect the legitimate rights and interests of enterprises, strengthen the supervision of the burden on enterprises and promote economic and social development, in accordance with the relevant laws and regulations, combined with State practice, these measures are formulated.
    Article the burden on enterprises in these measures refers to the Executive (including exercising administrative authority institutions, organizations) violations of laws, rules and regulations as well as relevant provisions of the State and the autonomous communities, requires companies to provide or provision of human, material and financial resources in a disguised form, or require firms to comply with other statutory obligations.
    Article the burden of enterprises supervision work under unified leadership and graded responsibility take the form of self-examination and self-correction is combined with supervision and inspection.
    Fourth in the administrative burden on enterprises in the people's Governments above the county level supervision work under unified leadership, establish and improve the enterprises ' burden supervision and management system, organize and supervise relevant departments doing enterprises ' burden supervision according to law.
    Economic and trade Management Department, in conjunction with the people's Governments above the county level monitoring, finance, pricing, Audit Department, through the establishment of the joint system, working Guide to enterprises ' burden supervision, organization and coordination, establish regular supervision and inspection system, special supervision and inspection work carried out at the right time.
    Administrative organs at all levels should be on the burden on enterprises behaviors of self-examination and self-correction, and self-examination and self-correction of periodic reporting to the the people's Governments at the corresponding level.
    Fifth article of any unit and individual shall have the right to report the burden on enterprises, complaints.
    Reports, complaints from units or individuals shall be subject to relevant departments for investigation, explained the situation, and may not refuse or obstruct the investigation, report, complaint or retaliate against people.
    Support of the news media on the corporate burden of supervision by public opinion. Sixth administrative organs of normative documents, can not set the burden of enterprises.
    Companies see normative document setting the burden of enterprises, can take the writing to the developing organs or filing requests for review of the Agency's Office of Legislative Affairs to remedy the situation.
    Article seventh involves administrative and institutional charges, Government funds, government funding agencies should be to evaluate the implementation and the need for timely, and report views, standard fees and charges approved institutions. Approved administrative career sex charges, and Government sex Fund, and Government sex fund-raising of organ, should regularly on approved of administrative career sex charges, and Government sex Fund, and Government sex fund-raising for assessment, timely cleanup; on not need continues to implementation of, or approved implementation Shi of according to has abolition of, should timely be revoked; approved implementation Shi of situation has occurred changes of, should timely be modified.
    Evaluation, cleaning, results should be announced to the public.
    Citizens, legal persons and other organizations may be addressed to the administrative institutional fees, approval of Government funds, Government-financed organ or organ to make suggestions and recommendations.
    Eighth article on implementing administrative fees, charging authorities shall pay license to produce, and uniformly printed and issued by the financial Department of the State administrative fees Bill.
    Disagrees with the enterprise to charge items, standards, or based on, and the right to charge the authorities identify toll authorities refused to say or cannot provide a legitimate basis, enterprises are entitled to refuse to pay, and can contribute to the economic, trade, financial, pricing departments, relevant departments shall facilitate their queries.
    Nineth executive authorities in the handling of administrative license procedure, not in accordance with provisions of laws and administrative regulations, specified for enterprises identification, assessment, testing, inspection, and quarantine, training institutions or illegal additional permit conditions, enterprises have the right to refuse, and reports, complaints to the relevant authorities. Administrative organs shall not be multisectoral, multi-level repeated testing, inspection, and quarantine; apart from laws, rules and regulations, shall not collect charges from enterprises.
    May use testing, inspection, and quarantine, repeated charges.
    Tenth administrative authorities to inspect enterprises, assessment, evaluation, compliance, upgrades and other activities should be based on laws, administrative regulations or the State Council, based on the provisions of the autonomous regional people's Government.
    Inspections of enterprises, assessment, evaluation, compliance, upgrades and other activities should be integrated, and shall not be multi-sectoral and multi-level repeated.
    11th Executive to the enterprise when carrying out checks, law enforcement personnel should be informed basis for checks and inspections, and to produce their documents.
    Implementation of the inspection shall be without prejudice to the normal production and business activities of enterprises, shall not solicit or accept a company's property, shall not seek other interests.
    Enterprises should be to support supervision and inspection according to law, shall not be unreasonably withheld. 12th administrative authorities not to turn administrative functions to paid services, not force the company to accept the specified paid service.
    Authorize other organizations to handle matters related to administration of the executive authorities, the cost borne by the administrative authorities, except as otherwise provided by laws and regulations.
    Enterprise has the right to independently choose their social intermediary organizations provide services, administrative authorities not to interfere.
    13th mandatory training of the personnel of the executive authorities, must be based on the laws, rules or regulations; laws, rules or regulations does not provide for charging training fees, training enterprise or training personnel shall not be required to pay the training costs.
    The non-mandatory training of enterprise personnel, must adhere to the voluntary principle needs to collect training fees, should be in accordance with the provisions of the State and the autonomous communities administrative fees administrative privileges and procedure fees, with the permission of items and standards in accordance with the approved charge.
    On the training of enterprise personnel, must co-ordinate arrangements shall not be multi-sectoral and multi-level repeat; training certification and verification of work must not be used, repeated training, repeated, repeated charges of issuing. 14th article ban using administrative terms implementation following behavior: (a) requirements Enterprise free or low price provides human, and material, and financial; (ii) requirements Enterprise for others provides guarantees; (three) forced Enterprise purchase specified commodity or equipment, and facilities; (four) forced Enterprise accept paid information, and advisory, and commercial insurance, service; (five) requirements Enterprise claims or sharing various costs; (six) requirements Enterprise provides sponsored, and funding or donated property; (seven) requirements Enterprise provides borrowing or advance about funds; (eight)
    Will public obligations activities into to enterprise assessed property, or will administrative organ of public activities passed on for enterprise activities; (nine) forced enterprise in specified of media published advertising, and provides paid news and ordered newspaper, and magazine, and books, and information, and audio, funded prepared directory, and Yearbook, and encyclopedia, and album, books information; (10) forced Enterprise participate in learned, and Association, and Institute, social groups; (11) forced Enterprise participate in exhibition, and press conference, and seminar, or forced Enterprise participate in various study;
    (12) other acts that increase the burden on enterprises.
    On the provisions of the preceding paragraph, enterprises have the right to refuse.
    15th people's Governments above the county level economy trade, monitoring the price, audit, finance, and other departments should establish and improve the enterprises ' burden supervision reports, complaints systems, enterprises ' burden supervision published reports, complaints telephone and mail (Web site).
    Article 16th reports, complaints Department should be in written form in the 5th's decision to accept or not to accept; do not fall within the Department's reports, complaints, shall receive reports, complaints from the date of transfer of jurisdiction within the 3rd sector and informed reporting, the complainant.
    On resolving complaints through administrative reconsideration or administrative proceedings, it shall notify the complainant may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. Article 17th of sector reports, complaints, shall from the date of acceptance of the 30th to make treatment decisions, and sent to the report, the complainant.
    Need to be extended due to special reasons, may be extended upon the approval of the Department head, but of not more than 10th.
    Outcome of major reports, complaints, should be open to the public.
    Article 18th report, complainants not satisfied with the results, can result from receipt date of 15th to deal with organs of the people's Government or the competent administrative authority for review at a higher level review authority shall review the applications received within 30th of review decision, and shall inform the reporting, the complainant.
    19th higher administrative authorities found the lower administrative authority on reports, complaints handling is definitely incorrect, can be processed directly or be ordered to subordinate administrative organs handled the matter.
    During the 20th article of the way to 16th on the handling of complaints "3rd", "5th" requirement refers to working days, excluding holidays.
    Laws, rules, regulations on handling and procedures otherwise provided, from its provisions.
    21st administrative organs and their staff in violation of the rules, in light of the circumstances, nature and consequences, shall be ordered by a parent or a supervisory corrections supervisor directly responsible and other persons directly responsible shall be given administrative sanctions; causes losses to the companies, compensation shall constitutes a crime, criminal responsibility shall be investigated according to law.
    Violation of these rules, a minor, by the unit to take the following approach: (a) order to writing checks and apologized to the business, (ii) quit talking and (iii) informed criticism; (d) the responsibilities transferred from law enforcement jobs; (v) laws, rules and regulations in other ways. 22nd article economic trade, and monitored, and financial, and price, and audit, sector and staff violation this approach provides, has following behavior one of of, by where units or monitored organ on directly is responsible for of competent personnel and other directly responsibility personnel give administrative sanctions: (a) using supervision duties of will seek self-interest of; (ii) shield or condoned increased enterprise burden behavior of; (three) on reported, and complaints matters delay, and shuffle or not law processing of; (four) leaked reported, and complaints people of about information, led to reported , The complainant suffered retribution;

    (E) other acts in violation of supervisory responsibilities.
    Article 23rd oversight of individual burdens, in accordance with the measures implemented.
                                                                                    24th article this way come into force on July 1, 2007.

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