Burden On Enterprises In Liaoning Province Supervision And Administration Provisions

Original Language Title: 辽宁省企业负担监督管理规定

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(January 5, 2007 the 69th meeting of the people's Government of Liaoning province considered by Liaoning Provincial Government order No. 203 on January 16, 2007, released as of March 1, 2007) Chapter I General provisions article in order to strengthen the supervision and administration of the burden on enterprises, maintaining the lawful rights and interests of enterprises, optimize enterprise business environment, promoting economic development, in accordance with the relevant laws and regulations, combined with the province, these provisions are formulated.
    Article in within the administrative area of the province of units and individuals must abide by these provisions.
    The third people's Governments at various levels shall strengthen the supervision and administration of enterprises ' burden of leadership, establish and improve the enterprises ' burden supervision and management system, organize and supervise relevant departments doing enterprises ' burden supervision and administration in accordance with law.
    Fourth provincial people's Government economic management sector (hereinafter referred to as provincial burden on enterprises supervision authority), is responsible for the province's management, coordination and supervision of enterprises, burden.
    City and county governments for comprehensive economic management department or city and county governments to determine sector (hereinafter referred to as the city or County the burden on enterprises supervision authority) responsible for the Administration, coordination, and supervision and management work of enterprises, burden.
    Monitor above the county level, finance, auditing, price and other administrative departments according to their respective responsibilities, supervision and administration of enterprises ' burden.
    Chapter II supervision and management of the fifth involving administrative fees, must be based on laws and regulations, and its fiscal, price Administration Department under the State Council, and be based on the provisions of the provincial people's Government.
    Formulation and adjustment of charges involving enterprises according to law and standards, should fully take into account the capacity of enterprises, and in accordance with the relevant provisions of national and provincial public hearings. Normative documents related to administrative fees should be publicly released.
    Without the public release of the company's right to withholding. Applicable fees and charges article sixth of scope, basis and standard object has the right to request subscription departments and units identify, or to the enterprises ' burden supervision and administration departments as well as financial, price queries, relevant departments should be facilitated.
    Charging departments and units cannot provide the legal basis, or the burden of enterprises supervision authority and the financial price administrative departments on the basis of negative responses to the legitimacy of, enterprises have the right to refuse to pay. Seventh to collect Government funds, must be based on laws, administrative regulations and be based on the provisions in the financial administration of the State Council.
    To set up government funds projects which should be strictly in accordance with the prescribed procedures, after the provincial Government agreed to be submitted to the national financial administration departments for approval.
    Financing of the enterprises must be based on the relevant provisions of the laws, administrative regulations or the State Council. Article eighth to collect administrative charges, Government funds and funding, provincial fiscal, price and other administrative departments should be approved on an annual basis, listing directories, to the public.
    Items that are not included in the directory, enterprises have the right to refuse to pay. Nineth except laws, administrative regulations or the State Council and the provincial government provides, no unit shall be permitted to the enterprise to carry out assessment, evaluation, compliance, upgrades, and other activities.
    Carry out assessment, evaluation, compliance, upgrades, shall be submitted to the people's Government at the burden of enterprises supervision departments.
    Tenth law enforcement inspection administrative organs of the companies shall be according to the laws, rules or regulations, and does not impede the enterprises normal production and operation activities. Administrative law enforcement personnel in law enforcement inspections, inspection notice issued shall be issued by the administrative authorities and to produce a certificate of administrative law enforcement.
    Letters should include an inspection of contents, basis as well as implementation of the inspection personnel, and so on.
    11th Executive to the production enterprises from time to time product quality supervision quality monitored or implemented in the circulation of goods, shall comply with the provisions of the relevant laws, rules and regulations, and shall not be charged to enterprises.
    Agency entrusted by the executive authorities to the enterprise to carry out the inspection, testing, consultation, assessment requirements and according to the laws and regulations shall be paid by the administrative authority shall not be charged to the company.
    12th price Administrative Department in accordance with government guidance or fixed by the Government before the prices of essential commodities and services, shall establish a price hearing system, extensively solicit the views of enterprise.
    13th article broadcast TV, and post, and telecommunications, and civil aviation, and railway, and highway, and power, and water, and gas, and bridge, public enterprise institutions or law has exclusive status of operators, should strictly implementation national price policy, shall not unauthorized improve Government pricing or beyond Government guided provides of range developed price; shall not charged or disguised charged public career project construction costs; shall not using exclusive business status forced marketing commodity or service. 14th article ban administrative organ, and social groups, and institutions and staff implementation following illegal increased enterprise burden of behavior: (a) long-term borrowed enterprise of funds, occupied law should allocated to enterprise of funding and law should returned to enterprise of tax, and charges, and fine, and Government sex Fund and grant,; (ii) free or cheap using enterprise of property, and transport, and communications equipment and electronic equipment, property; (three) requirements Enterprise provides loan guarantees or participate in except legal, and Regulations provides forced insurance project yiwai of insurance; (four) forced Enterprise purchase specified commodity, accept specified service, or to enterprise asking for products or forced low price purchase products; (five) requirements enterprise bear not should by enterprise expenditure of travel, and communications fee, and Conference fee, and catering Entertainment fee, and medical, costs; (six) forced Enterprise provides case funding; (seven) forced or disguised forced Enterprise provides sponsored, and funding; (eight) forced Enterprise published advertising, provides paid publicity reported, or ordered newspaper, and books, and
    Audio information,; (nine) forced Enterprise participate in social groups and academic seminar, and forced enterprise pay contributions and provides sponsored fee; (ten) forced Enterprise accept should by its independent select of advisory, and assessment, and information, and detection, service; (11) will administration functions into for paid service, and requirements enterprise bear costs; (12) illegal requirements Enterprise set about institutions or provides about institutions of prepared number; (13) other illegal increased enterprise burden of behavior.
    15th do not enforce laws, administrative regulations, or the State Council and the provincial people's Government on the corporate tax reduction, exemption, rebate, reduction or relief levy administrative fees and Government funds provided, considered a violation of this provision increases the burden on enterprises. 16th administrative organ shall involve corporate offices, work systems and procedures to be published.
    Handle the administrative matters of the involved should be taken first-inquired responsibility system, one-time instructions to handle matters related to all materials should be submitted, accurate provide information needed to handle related matters; can settle matters, should be completed in time.
    17th State-owned and State-owned enterprises and collective enterprises workers ' Congress should strengthen the supervision of enterprise property expenditure, major sponsorships, donations and other items of expenditure should be considered by the workers ' Congress.
    Head of State-owned and State-owned enterprises and collective enterprises shall not violate the provisions of the relevant units or individuals for non-business activities, increasing the burden on enterprises.
    18th news media shall strengthen the supervision of law increased the burden on enterprises.
    19th in major public events such as natural disasters, major accidents, local people's Governments at or above the county level may according to law or, in accordance with the relevant regulations called products and services to enterprises, but should be returned or compensation according to law.
    Otherwise provided by laws and regulations, from its provisions.
    20th above county level monitoring, finance, auditing, price and other administrative departments should strengthen the cooperation with enterprises ' burden supervision authorities, according to their respective responsibilities and doing enterprises ' burden supervision and administration in accordance with law.
    The third chapter reports, complaints and 21st on the illegal act of increasing the burden on enterprises, enterprises can contribute to the burden of enterprises above the county level responsible for supervision or monitoring, price and other administrative departments, finance, audit, complaint, relating to administration, reports, complaints should be kept confidential. Administrative Department accepting the reports, complaints, shall be dealt with according to law within 15 working days, and reply in writing reports, complaints, but will handle the results of CC enterprises ' burden supervision departments at the same level.
    There are special reasons cannot be concluded and approved by the head of the Administrative Department, may extend processing time limit, but an extension of time shall not exceed 30 working days. Relevant administrative departments to report, the complaint does not fall within this Department, we need to accept and receipt of reports, complaints from the date transferred other relevant administrative departments in the 5th.
    Can be solved through administrative reconsideration or administrative proceedings according to law reports, complaints, the relevant administrative department shall inform reports, complaints may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    22nd reports, complaints unit and its staff must be under investigation and the relevant administrative departments to provide truthful information, and may not refuse or spite, obstruction, and not on reports, complaints of retaliation.
    23rd due to uncertainty as to the jurisdiction of special reasons such as failure to report, complaint cases, enterprises ' burden supervision departments should coordinate identified by the relevant administrative departments to receive and investigate.
    On the 24th level executive to discover the next level of the executive authorities to report, complaint handling decisions wrong, can be processed directly or be ordered to level the executive authorities handled the matter.
    25th enterprises think that city and county governments and their subordinate departments to develop normative documents in violation of the law, regulations and rules of the violation of their legitimate rights and interests, in accordance with the relevant provisions of the provincial governments require the relevant authorities to review the normative documents, handled it. Fourth chapter legal responsibility 26th article violation this provides, unauthorized established Government sex Fund or fund-raising project, expanded Government sex Fund or fund-raising range, improve Government sex Fund or fund-raising project standard of, by County above financial administration sector ordered its stop violations, on units give informed criticism, and by where units or monitored organ on directly is responsible for of competent personnel and other directly responsibility personnel give administrative sanctions; to enterprise caused loss of, law be compensation; constitute crime of,
    Investigated for criminal responsibility according to law.
    27th a violation of this provision, assessment, evaluation, compliance, upgrades for enterprises and other activities, the enterprises ' burden supervision departments above the county level shall order to stop the illegal practice, the unit shall give notice of criticism, and by the competent supervisory organ directly responsible for and other persons directly responsible shall be given administrative sanctions; causes losses to the companies, compensation in accordance with law constitutes a crime, criminal liability shall be investigated for their. 28th article administrative organ, and social groups, and institutions and staff violation this provides 14th article provides increased enterprise burden of, by investigation organ ordered its stop violations, deadline will enterprise by bear of property, and costs returned enterprise, cannot returned of, ordered surrendered sibling financial; on units give informed criticism, and by where units or monitored organ on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; to enterprise caused loss of, law be compensation; constitute crime of,
    Criminal responsibility shall be investigated according to law.
    The 29th State-owned and State-owned enterprises and collective enterprises in violation of the provisions to relevant organizations or individuals to provide non-production costs, borne by himself, and monitored by the competent authority or authorities shall give administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law. 30th article Enterprise burden supervision competent sector and monitored, and financial, and audit, and price, about administration sector and staff has following behavior one of of, by where units or monitored organ or this level Government according to plot weight, law on directly is responsible for of competent personnel and other directly responsibility personnel give administrative sanctions; constitute crime of, law held criminal: (a) shield or condoned illegal increased enterprise burden behavior of; (ii) in Enterprise burden supervision management work in the,
    Interests of the power or duty to facilitate access to or for the benefit of others, (iii) for contractor reporting, complaints of delay, excuse or not, and (iv) no confidentiality for reports, complaints, reports, complaints are retaliating against and (e) other acts of abuse of power, negligence, malpractice.
    31st for acts in violation of these provisions, laws, rules and regulations provides for administrative penalties, from its provisions.
    Fifth chapter supplementary articles article 32nd supervision of illegal increase the burden on individual behavior, reference to these provisions.
                The 33rd article of the regulations come into force on March 1, 2007.