Hebei Province, Measures For Administration Of Law Enforcement And Administrative Law Enforcement Supervision And Inspection Documents

Original Language Title: 河北省行政执法证件和行政执法监督检查证件管理办法

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(January 12, 2007 Executive meeting of the Hebei provincial people's Government, the 77th considered by people's Government of Hebei province, January 23, 2007 [2007] released 1th come into force on March 1, 2007) the first to standardize the administrative law enforcement, strengthening administrative law enforcement supervision, promoting administration according to law, according to the State Council implementation outline for the holistic promotion of administration by law and the provisions of relevant laws and regulations, these measures are formulated.
    Article production, within the administrative area of the province to apply for application, issuance, use and administration, administrative law enforcement supervision and inspection documents, should comply with these measures.
    Third administrative law enforcement documents referred to herein are administrative law enforcement personnel in accordance with the statutory power to citizens, legal persons or other organizations to implement administrative credentials.
    Administrative law enforcement supervision and inspection documents are mentioned in these measures refers to administrative law enforcement supervision and check pursuant to statutory authority for administrative law enforcement departments and the implementation of administrative law enforcement supervision and inspection of law enforcement personnel qualifications.
    Fourth section to apply for and hold a certificate of administrative law enforcement personnel shall comply with the following conditions: (a) have the ability to meet law enforcement requirements of education and work, (ii) in the administrative law enforcement job; (c) with legal knowledge, specialized legal knowledge training examinations, administrative law enforcement credentials.
    Apply for and hold a certificate of administrative law enforcement supervision and inspection personnel, staff should be the rule of the people's Governments above the county level agencies and provincial, district and municipal people's Government in administrative law enforcement supervision and inspection work in administrative law enforcement officers.
    New entry administrative departments and the administrative staff of the law enforcement and supervision Department, shall apply for administrative law enforcement after completion of probation documents or administrative law enforcement supervision and inspection certificates.
    Article fifth administrative law enforcement documents, administrative law enforcement supervision and inspection documents commissioned by the provincial government provincial government legal agencies unified making and supervision.
    Districts and cities, County (city, district) people's Government administrative law enforcement departments of administrative documents, established by municipal law to the provincial body responsible for legal agencies to obtain and issue.
    Vertical management departments below the provincial administrative law enforcement by administrative law-enforcement departments of the people's Government of the province to the provincial people's Government legal agencies to apply for and issue. Districts and cities, County (city, district) people's Government legal agencies and districts, administrative law-enforcement departments of administrative law enforcement supervision and inspection documents by District municipal legal system of rule of law institutions responsible for provincial agencies to apply for and issue.
    Province people's Government administrative law enforcement supervision and inspection of documents by the administrative law-enforcement departments to provincial people's Government legal agencies to obtain and issue. Sixth administrative law enforcement documents, administrative law enforcement supervision and inspection documents sealed by the provincial administrative law enforcement document seal Special seal for certificate of administrative law enforcement supervision and inspection, provincial people's Government.
    And added distribution electronic chip, contains Ming following matters: (a) holding card personnel name, and gender, and age, and work units and the positions; (ii) administrative law enforcement of type, and category, and range and by implementation legal, and regulations, and regulations of main according to or supervision of type and range; (three) documents number; (four) awarded card organ; (five) documents issued time and effective term; (six) participate in legal knowledge training exam situation; (seven) occurred law enforcement fault of situation.
    Seventh of provinces, districts and cities and counties (cities, districts) Legislative Affairs Agency and administrative law enforcement departments should be organized every year a certified administrative law enforcement personnel for not less than 40 hours of legal knowledge training and exams.
    Public law administrative law enforcement personnel the training and testing of knowledge, by the provincial legislative affairs agency is responsible for classification organization professional legal knowledge training examination, organized by the provincial administrative departments responsible for implementation. Eighth administrative law enforcement documents shall adopt an annual inspection. Inspection arranged by the provincial people's Government legal agencies unified, hierarchical organization. Annual inspection combined with the annual public legal knowledge training examination, where no administrative law enforcement fault records of the year, test or exam to pass the legal knowledge training, through inspection, marking on administrative law enforcement inspection through signs. Without a legitimate reason not to participate in legal training or examination and fail to pass the exam and have the fault record enforcing untreated, not by inspection.
    Administrative law enforcement fault has been processed, depending on the results to determine whether annual pass.
    Nineth executive law enforcement documents, administrative law enforcement supervision and examination of documents certified personnel name and identification number shall be announced to the public, and accept supervision by the masses. Tenth administrative law enforcement personnel certified, administrative law enforcement supervision and inspection personnel, permit enforcement. In administrative law enforcement and administrative law enforcement supervision and inspection activities, must take the initiative to produce documents for failure to produce documents that citizens, legal persons and other organizations or administrative departments, administrative law-enforcement officers have the right to refuse to cooperate with law enforcement.
    ID has the following situation, has the right to refuse to cooperate with: (I) ID photo obviously inconsistent with the holder; (b) the documents significantly altered; (c) the document seriously damaged or defaced; (d) the documents more than a year, without inspection by signs.
    11th article administrative law enforcement personnel holding card implementation administrative law enforcement behavior Shi, perform following duties: (a) law check, and survey case, collection evidence; (ii) on violation administration order of behavior law be stop, and corrected, and give administrative punishment or take administrative forced measures; (three) told party by made specific administrative behavior of facts, and reason, and according to and law enjoys of right, heard party of statement and defence; (four) legal, and regulations and regulations provides of other duties.
    12th article administrative law enforcement supervision check personnel holding card implementation administrative law enforcement supervision check behavior Shi, perform following duties: (a) law check or survey administrative law enforcement personnel of qualification, and law enforcement according to, and content, and program of legitimacy and rationality, and spot stop, and corrected illegal or improper of administrative law enforcement behavior; (ii) access, and review was check administrative law enforcement sector of law enforcement archives, and files, and file or other about information;
    (C) ordering the inspection of administrative law enforcement and its administrative enforcement personnel to perform legal duties or the implementation of responsibility system of administrative law enforcement; (d) withholding certificate of administrative law enforcement and (v) other duties stipulated by laws, rules and regulations.
    13th article holding card administrative law enforcement personnel ultra vires law enforcement, violation statutory program or over statutory type, and range implementation administrative punishment, and has other illegal crime behavior of; holding card administrative law enforcement supervision check personnel illegal implementation supervision check activities and has other illegal crime behavior of, temporarily buckle or revoked its documents, and depending on plot weight, recommends about organ law give administrative sanctions, constitute crime of law held criminal. Government legal agencies above the county level have the right to withhold law enforcement documents and administrative law enforcement supervision and inspection documents. Provincial legislative affairs agency is entitled to revocation or suspension the Executive law enforcement and administrative law enforcement supervision and inspection documents.
    Document is more than 3 times by withholding shall be revoked.
    14th legal agencies above the county level people's Government temporarily suspended the administrative law enforcement documents, administrative law enforcement supervision and inspection of documents shall be open, according to the provincial people's Government legal agencies make notice of suspension, from the date of suspension in the 3rd report to the certification body, and make a decision within 2 months. 15th administrative law enforcement and administrative law enforcement supervision and inspection personnel to withhold, revoked the administrative law enforcement, administrative law enforcement supervision and inspection documents is dissatisfied, he made the decision on suspension, revocation of the agency or its parent body, the application for review.
    Institution accepting the review shall from the date of acceptance of the review conclusions on the 15th, and notify me. 16th the citizens, legal persons or other organizations to provide evidence of violation of administrative law enforcement personnel in the performance of their duties, legal organization can contribute to the local people's Government or administrative law enforcement and reporting.
    Complaints and reporting government legal agencies and administrative law enforcement departments should be in response to complaints, reported within 30th of complaints, reporting content verification process, process the results and respond to complaints, whistleblower. 17th administrative law enforcement documents, administrative law enforcement supervision and inspection of documents shall be kept properly, they may not be altered or lent to others.
    Intentionally alter or lent to another person, the temporary suspension or cancellation of certificates are serious and the consequences of, be investigated for responsibility of the persons concerned. Administrative law enforcement, administrative law enforcement supervision and inspection documents damaged or soiled, should apply for a new license in a timely manner.
    Documents lost, shall promptly report to the certification body and declare it invalid, re-apply for a certificate.
    18th merger, dissolution or administrative law enforcement administrative law enforcement personnel, administrative law enforcement supervision and inspection personnel out, retirement or is otherwise unable to perform his duties, should be administrative documents, administrative law enforcement supervision and examination of documents turned over to the cancellation of the certification office. 19th law enforcement documents, administrative law enforcement supervision and inspection document renewal once in 5 years. Renewal prior to application for renewal and qualification of new documents for law enforcement and law enforcement supervision and inspection accreditation.
    Administrative law enforcement qualification cognizance of the fifth annual annual public after issuing legal knowledge training examination, qualification of administrative law enforcement supervision and inspection in the fifth after issuing the annual specialized training and examination, test or exam issued qualification certificates to qualify for renewal of the certificate of administrative law enforcement and administrative law enforcement supervision and inspection documents.
    Article 20th certification body and the administrative law enforcement departments at all levels should establish administrative law enforcement documents, administrative law enforcement supervision and inspection documents, electronic files, record of administrative law enforcement documents, administrative law enforcement supervision and inspection document issuance, replacement, renewal, certification, filing, suspension, revocation, cancellation and certified training exams, law enforcement fault situation, improve the level of information management. 21st State Council departments in accordance with the laws, administrative rules and regulations issued by the administrative law-enforcement documents and vertical management departments below the provincial administrative documents held by the administrative law enforcement personnel, in their documents within the limits prescribed by law, but shall, by certified administrative law enforcement departments from the date of receiving documents 30th local legislative affairs agency within the record. Record includes documentation of basis, certification, certified personnel lists, document number, law enforcement use.

    22nd article this way come into force on March 1, 2007.
                                                                                                      September 2, 1993 issued by the provincial Government of Hebei province on the administrative law enforcement administrative law enforcement supervision and management of documents repealed simultaneously.