Ningxia Hui Autonomous Region, Banned The Illegal Increase The Burden On Enterprises Regulatory Approach

Original Language Title: 宁夏回族自治区禁止违法增加企业负担监督管理办法

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(April 20, 2007 Executive meeting of the people's Government of Ningxia Hui autonomous region, the 91st on April 20, 2007, the people's Government of Ningxia Hui autonomous region, the 95th published as of June 1, 2007) Chapter I General provisions article in order to strengthen the supervision and administration of the law increasing the burden on enterprises, maintaining the lawful rights and interests of enterprises, optimize the environment of the production and operation of enterprises, according to the provisions of relevant State laws and regulations, combined with this practice, these measures are formulated.
    Article this law increasing the burden on enterprises in the administrative areas supervisory activities, these measures shall apply.
    Article illegal act of increasing the burden on enterprises in these measures refers to violation of laws, rules, regulations and national policies and regulations, enterprises directly or indirectly to the provision of human, material and financial resources.
    Companies mentioned in these measures refers to enterprises registered in industrial and commercial administration departments according to law.
    Fourth people's Governments above the county level shall strengthen leadership of the prohibition of illegal work increases the burden on enterprises.
    County above government economic administrative competent sector or perform economic administrative sector duties of sector (following said Enterprise burden regulatory sector) is responsible for this administrative within ban illegal increased enterprise burden behavior of supervision management work, its main supervision management duties is: (a) supervision check about ban illegal increased enterprise burden of legal, and regulations and the regulations of implementation situation; (ii) accepted and survey illegal increased enterprise burden of complaints, and reported, and to this level Government proposed processing views;
    (C) urging the Department of people's Governments at the corresponding levels and lower level people's Governments and their enterprises ' burden regulatory burden on enterprises regulatory work undertaken; (d) is responsible for the supervision and administration of enterprises ' burden.
    Fifth people's Governments above the county level shall monitor, financial, pricing, development and reform, audit, transport, public security, farming, construction and home departments shall, in accordance with their respective responsibilities, with the burden on regulators and doing enterprises ' burden supervision and administration in accordance with law.
    Sixth article of any units and individuals have the right to the illegal act of increasing the burden on enterprises by complaint, report or reflect it to the media.
    News media shall conduct supervision on illegally increased the burden on enterprises. Chapter II supervision and administration seventh no unit or individual shall not be an offence involves additional charges, increased fees, expanding the range of fees.
    Enterprise administrative fees, must have a legal basis.
    The businesses involved, additional government funds, should be based on the provisions of the financial Department of the State Council or the State.
    Related enterprises to raise capital, should be based on the provisions of laws and regulations, the State Council. Eighth levels of people's Governments and relevant departments should establish and improve the system of inspection of enterprises, avoiding duplicate checks, long examination.
    Department work the people's Governments above the county level shall arrange the inspection activities carried out; the vertical management of administrative law enforcement inspection activities on which a higher level of unified deployment.
    National Unity deployment of national inspection or investigate and deal with incidents, investigate and deal with illegal except for cases.
    Nineth auditing departments should strengthen the enterprise the people's Government above the county level administrative fees project balance audit, and report audit findings to the the people's Governments at the corresponding level.
    Tenth article involved charged enterprise costs of sector or units, must comply with following provides: (a) must law made charges license; (ii) must according to financial, and prices competent sector announced of charges project and charges standard charged; (three) must show charges according to, fill in pay registration card; (four) must using autonomous regions level above financial sector unified printed of administrative career sex charges notes. 11th state finance, commodity price departments shall prepare all enterprises involved in the area of administrative institutional fees and standards for Government funds, the list of additional projects and standards, and to the public.
    Charging projects, standards change, it should be corrected and published in a timely manner.
    Fees are not included in the directory, or is listed in the catalog, but beyond the prescribed standards, enterprises are entitled to refuse to pay.
    12th company on charges of property, standards, based on the objections, right to request subscription unit description, or you can query to departments of finance, price.
    13th administrative law enforcement agencies to inspect enterprises, administrative law enforcement personnel must be produced to the inspected enterprises administrative law enforcement documents, and records it will check and process the results, signed by the head of the inspectors and the inspected enterprises after archiving.
    14th administrative organs to check enterprises, except otherwise prescribed by laws, rules and regulations, shall not take samples and collect fees. 15th administrative authorities not to turn the administration into paid services.
    Administrative law-enforcement authority to perform administrative duties, need access to business-related information, materials and other costs incurred, shall not be charged to the company. 16th article ban following illegal increased enterprise burden of behavior: (a) free occupies, and using enterprise of real estate, and transport, and free requirements Enterprise provides energy, or to enterprise disguised assessed property and requirements Enterprise free provides labor; (ii) requirements Enterprise for other units or personal of debt provides guarantees; (three) forced Enterprise purchase specified products or accept specified service, to enterprise asking for or forced low price purchase products, and material; (four) requirements Enterprise claims not should by enterprise expenditure of travel, and tourism, and Traffic, and catering, and Conference, and medicine, and shopping, costs; (five) forced Enterprise published advertising, and paid reported news or ordered newspaper, and books, and audio, funded prepared directory, and Yearbook, and album, books information; (six) forced Enterprise participate in to profit for purpose of Conference, and academic research, activities and learned, and Association, and Institute, social groups; (seven) forced Enterprise participate in to charges for purpose of assessment, and appraisals, and assessment, and standard, and upgrade, and sort, and identification, activities; (eight) forced Enterprise sent member participate in legal, and
    Regulations or regulations not clear provides of various courses, and class; (nine) will should by Enterprise voluntary accept of advisory, and assessment, and information, and detection, and commercial insurance, service into mandatory service, and charged costs; (10) forced Enterprise Fund-raising, and provides sponsored, and donated property, and provides case funding; (11) forced Enterprise participate in exhibition, and press conference; (12) other illegal increased enterprise burden of behavior.
    Article 17th postal, telecommunications, power supply, water supply, gas supply and other public enterprises and institutions, provisions may be supplemented, improved Government pricing or beyond the price range of the price shall take charge of public utilities construction costs of the project, such as illegal increase the burden on other businesses.
    Chapter III complaints and deal with the 18th the people's Governments above the county level shall burden on enterprises regulatory departments should publicize the burden of enterprises supervision reports, telephone and Web sites, as well as other reports, complaints. 19th burden on regulators or the relevant administrative authorities received complaints, reports shall be from the date it receives, within 5 working days to accept or do not accept the decision. Real complaints, the Department reported, should respond to complaints, report of investigation. Inadmissible, should be justified.
    Does not belong to the Department's complaints, reporting, from the date of receipt of the complaint, it shall, within 5 working days to transfer jurisdiction over the Department. 20th should have jurisdiction over the relevant administrative authorities within 15 working days from the date of acceptance of making treatment decisions, and serve a written decision, complaints, whistleblowers, with a copy to the superior the burden on enterprises regulatory filing.
    There are special circumstances need to be extended, the extension shall not exceed 15 working days.
    Article 21st involving two or more administrative organs have joint jurisdiction complaints, tipoff, borne by the enterprise organize relevant departments to jointly investigate and deal with regulators. 22nd refuses to accept the complaint, whistleblower complaints, reporting results, and receipt of the reply of the investigating authority, within 30 working days from the date of application for review by the Administrative Department at a higher level.
    Higher administrative authorities shall, within 15 working days from the day of receipt of the application review.
    23rd higher administrative authorities found the complaint reporting matter of mistaken, can be investigated directly or order the lower administrative authority again investigated and dealt with.
    24th survey units and individuals must provide truthful information, not harassment and obstruction, may not strike, retaliation complaints, whistleblower.
    25th fourth chapter legal liability for breach of these rules, any of the following acts, borne by the people's Governments above the county level enterprises regulators to urge them to correct the violations, refused to correct the violation or if the circumstances are serious, by the people's Governments at the corresponding level of administrative supervisory organs or by a superior administrative authority directly responsible for the competent and other persons directly responsible shall be given administrative sanctions.
    (A) failing to obtain the fee license; (b) in accordance with financial, authorities announced charges and standard to charge businesses and (iii) no show fee basis, fill in the payment card and (iv) is not used uniformly printed financial authorities above the provincial level administrative fees Bill.
    26th the administrative organ, one of the following acts, borne by the people's Governments above the county level enterprises regulators to urge them to correct the violations, if the circumstances are serious, by the people's Governments at the corresponding level of administrative supervisory organs or by a superior administrative authority directly in charge of personnel and other persons directly responsible shall be given administrative sanctions. (A) violation provides, unauthorized on Enterprise for check of; (ii) illegal on Enterprise charged check costs or will check costs passed on to enterprise of; (three) illegal extraction samples of; (four) administrative law enforcement organ illegal will administration duties into paid service of; (five) administrative law enforcement organ for perform administration duties, will get enterprise related information, and information, by occurred of costs passed on to enterprise of; (six) has other illegal increased enterprise burden behavior of.

    27th disobey article 16th, and increase the burden on enterprises, by their work units or by the competent administrative authorities shall order him to desist from the illegal act, refund of costs relating to property or business in serious cases, above the county level people's Government or the people's Governments at the corresponding level of administrative supervisory organ directly in charge of personnel and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    28th article violates these rules, and increasing the burden on enterprises, causing loss to the enterprise, shall bear the liability for damages.
    29th article on complaints, reports, resist illegal increase the burden of enterprises units and individuals to retaliate or prevent the burden on enterprises regulatory departments, the relevant administrative authorities to investigate and punish cases, shall be given administrative sanctions by the supervisory organ or their superior authorities; violations of the law on public security administration punishments, punishment by public security organs constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    30th the people's Governments above the county level shall burden on regulators and relevant departments and their staff, one of the following acts, by the people's Governments at the corresponding level, or the unit to which they are directly responsible for the managers and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    (A) harbouring or conniving at illegal increase the burden of enterprises, (ii) fails to perform the duty of confidentiality, leading to complaints and informants were retaliating against and (iii) to the admissibility of the complaint, tipoff in failing to make a decision within the stipulated time; (d) any other acts that violate the duty of supervision and management. Fifth chapter supplementary articles article 31st in the event of severe natural disasters, emergencies and other special cases, the people's Governments above the county level can call the materiel and personnel to enterprises in accordance with law, shall reimburse or pay appropriate compensation.
    Otherwise provided by laws and regulations, from its provisions.
    Articles 32nd to increase illegal individual businesses, institutions and other social organizations afford acts with reference to this approach.
                                        33rd article this way come into force on June 1, 2007.