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Chongqing Institutions Staff Appeals Against Provisional Measures

Original Language Title: 重庆市事业单位工作人员申诉控告暂行办法

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(October 15, 2002 Standing Committee of the Chongqing Municipal People's Government the 122th consideration on November 4, 2002, Chongqing Municipal People's Government announced the 142th) Chapter I General provisions article in order to safeguard the legitimate rights and interests of the institutions and individuals, fair and timely manner to deal with professional and technical personnel, staff and service personnel (hereinafter the institution staff) review of applications, Petitions, complaints, according to the relevant regulations of the State, combined with the city's actual, these measures are formulated.     Second article this approach by said review application, is refers to institutions (including by delegate jurisdiction of Central in Yu institutions, with) staff to written form on institutions (or national administrative organ) made of involved I interests of administrative sanctions or in accordance with legal, and regulations and policy provides can proposed review of other personnel processing decided refuses to, in provides term within to original processing units proposed again review processing of behavior.     This approach by said complaints, is refers to institutions staff to written form on institutions (or national administrative organ) made of involved I interests of administrative sanctions or in accordance with legal, and regulations and policy provides can proposed complaints of other personnel processing decided refuses to, by original processing units review processing Hou still refuses to, in provides term within to competent administrative organ or Government personnel sector proposed complaints and requests again again processing of behavior.     Charges mentioned in these measures refers to in writing to the Government institution staff personnel departments or higher administrative authority charged with institution (or national administrations) and their leading personnel of violating their legal rights and interests and request processing behavior.     Third, staff members of the institutions, this approach applies to this application for review, appeals, complaints, and municipal levels of Government and Government personnel departments or to the competent administrative authority, the higher administrative authority dealing with institution staff, primary processing units of the application for review, appeals and complaints.     Administrative functions according to the law, reference to the institution of the national civil service management staff, appointed by State administrative organs and institutions staff review applications, Petitions, complaints, these procedures do not apply. Article fourth institution staff review applications, appeals, complaints, should adhere to the principle of seeking truth from facts.     Governments at all levels and Government personnel departments or to the competent administrative authority, higher administrative authorities dealing with institution staff and the original units of the application for review, appeals, complaints, should adhere to the mistakes must be corrected, and according to law, the principle of timely, fair and appropriate.     Second chapter review and complaints fifth article institutions staff on institutions (or national administrative organ) of following processing decided refuses to, should to original processing units application review, original processing units must review; by original processing units review processing Hou still refuses to, party can to has jurisdiction right of administrative organ proposed complaints: (a) administrative sanctions; (ii) in accordance with legal, and regulations and policy provides can proposed review application, and complaints of other personnel processing decided. Article sixth institution staff to apply for a review, should be in the receiving institution (or national administrations) personnel decisions within 60 days from the date of the original unit.     During the review period, the original decision not be suspended. Article seventh after review, the staff of public institutions are still dissatisfied, can be handled unit to review decisions within 30th of the jurisdiction of administrative bodies (hereinafter Agency) complaints.     During the complaint period, handled the decision not be suspended.     Article eighth review applicants, the complainant over an application for review, the appeals deadline due to force majeure, Agency shall accept; more than an application for review, the appeals deadline without good reason, agency should be dismissed as inadmissible.     Nineth complaints should be made by administrative sanctions or other personnel of the institution staff member suggested that if incapacity or death, can his close relatives or authorized agent on its behalf. Third chapter jurisdiction tenth article municipal institutions staff on where institutions (or national administrative organ) made of administrative sanctions or in accordance with legal, and regulations and policy provides can proposed review of other personnel processing decided refuses to proposed of review application, by original processing units is responsible for jurisdiction; by original processing units review processing Hou still refuses to proposed of complaints, by its competent administrative organ is responsible for jurisdiction; which on fired retained see, and fired disposition by original processing units review Hou still refuses to proposed of complaints,     By the city personnel department is responsible for the jurisdiction.     District (autonomous, and city) belongs institutions staff on where institutions (or national administrative organ) made of administrative sanctions or in accordance with legal, and regulations and policy provides can proposed review of other personnel processing decided refuses to proposed of review application, by original processing units is responsible for jurisdiction; by original processing units review processing Hou still refuses to proposed of complaints, by its competent administrative organ or district (autonomous, and city) Government personnel sector is responsible for jurisdiction.     Institution staff of municipal, district (County and municipal) administrative sanctions to the personnel Department of the Government or in accordance with the laws, regulations and policies may seek redress other personnel is dissatisfied with a decision made by a review application, the original unit to oversee the; original treatment units review complaints still refuses, by municipalities and counties (autonomous counties, and cities) shall be responsible for the jurisdiction.     11th municipal people's Government to handle the personnel departments of the municipal government and the district (autonomous counties, and cities) within the jurisdiction of the people's Government of the complaints.     Municipal personnel departments can apply for municipal departments and districts and counties (autonomous counties, and cities) complaint cases within the jurisdiction of the Government personnel department.     The fourth chapter program 12th institution staff to apply for a review, shall, within the prescribed period to the processing unit to review applications submitted, accompanied by the original copy of administrative sanctions or other personnel decisions.     Review the application shall contain the following elements: (a) the applicant's name, company, position, and other basic information, (ii) application for review of the matter, rationale and requirements; (c) the proposed date of the application for review.     13th original unit after receiving the application for review shall specify persons other than the personnel to carry out the review in a timely manner, making review decisions in the 15th, and served on the review to the applicant in writing.     Complaint with the 14th institution staff, shall submit to the agency within the time stipulated in the administrative sanctions or other personnel decisions to the complaint, accompanied by the original copy of review decisions of the central processing unit, and should be accompanied by original processing units for a sanction or other copies of personnel decisions.     Appeal book shall contain the following: (a) the complainant's name, company, position, and other basic information, (ii) name of the original unit; (c) the grounds of appeal matters, and requires; (d) date of the complaint.     15th institutions receiving agency complaints when complaints of staff in public institutions, shall promptly conduct a preliminary review on whether or not it is admissible. Review matters following: (a) proposed complaints of people whether is by personnel processing of institutions staff or Nineth article by column of other personnel; (ii) was complaints of units whether is made review decided of institutions (or national administrative organ); (three) complaints matters whether belongs to this complaints work institutions of by case range and jurisdiction range; (four) complaints requests whether clear, and specific, whether has facts according to; (five) complaints whether in provides of term within proposed; (six) complaints book whether meet provides of requirements; (seven     ) The complaint materials are complete.     16th after an agency review, should be made within 5 working days whether to accept the decision and notify the complainant. (A) is admissible, shall decide on the admissibility and issued to the complainant the accepting institution staff notice of appeal, (ii) materials incomplete or ambiguous complaints should be sent to the complainant the institution staff appeals notice of correction material deadlines for correction.     Expired without correction, deemed withdrawal of the complaint and (iii) are not admissible, and shall decide to reject the complaint, issued to the complainant and the notification of inadmissible complaints of staff in public institutions.     17th article accepted organ should in accepted of day up 5 a days within was complaints of institutions (or national administrative organ) sent institutions staff complaints sued notice and complaints book copy, told its should in received institutions staff complaints sued notice of day up 10th within to accepted organ submitted made administrative disposition or other personnel processing decided and the review decided of about material, and submitted reply book.     Article 18th agency should receive a reply within 5 working days from the date of the statement of Defense sends a copy to the complainant, and form a temporary Justice Committee, competent to hear complaints of staff in public institutions. Article 19th complaints fair Board members by the Agency in charge of the organs and staff representatives.     If necessary, also be invited to participate at the relevant government departments of the.     Candidates for members of the Justice Committee, proposed by the agency or designated. Justice Committee made up of 3 or 5 people.     Fair Director by the Agency, the Commission is responsible for the institution served as the head of staff appeals the appeals bodies.     Justice Committee members and handle staff complaints of staff in public institutions, must comply with the national provisions relating to avoidance.     20th institution staff's complaint cases before the Agency, should be tried before 5th just in written form the members of the Committee informed the complainant and the institution of complaint was (or national administrations), and to inform its has the right to require the members of the Justice Committee to withdraw.     Article 21st agencies on relevant matters pertaining to staff grievances in public institutions, and the right to conduct inquiries and investigations.    (A) the right to require the institution of complaint was (or national administrations) to submit complaints relating to evidence, documents and other necessary materials, (ii) to have held investigative hearings of the case and (iii) the laws, regulations and policies allow other inquiries and investigations. (D) the Agency shall, according to law, comprehensively and objectively collect evidence, is strictly forbidden by threat, enticement, deceit or other unlawful means to collect evidence.     After the investigation ended, shall draw up a report.     22nd article just Committee should review case survey report and about material, and on following problem for trial and comments: (a) case facts whether has identified; (ii) original administrative sanctions or other personnel processing decided and review decided finds of facts whether exists, and clear, main evidence whether full, and exact; (three) original administrative sanctions or other personnel processing decided and review decided applies legal, and regulations and policy provides whether right;     (D) the original administrative sanctions or other personnel decisions and review decisions of handling procedures comply with the requirements (v) results in the sanction or other personnel decisions and review to decide whether the obviously unfair; (vi) complained of institution (or State administrative body) where no overstepping or abuse; (VII) other issues that require comment.     Just the opinion of the Committee the fact that investigation still is not clear enough, you can re-investigation and trial and review. Article 23rd case of the Justice Committee, a record shall be kept and signed by the Justice Committee member to participate in the review.     Different views in the Council shall be recorded accurately review transcripts.     Article 24th after the Justice Committee at the end of a case, heard by the appeals body under, comments, submitted in accordance with the principle of majority rule suggestions, write trial report submitted to the Agency. 25th article accepted organ should on complaints work institutions submitted of complaints trial report for audit, and made corresponding of complaints processing decided: (a) original processing decided facts clear, evidence, qualitative accurate, processing appropriate, applies legal, and regulations and policy right, meet processing provides program, should maintained original processing decided; (ii) original processing decided by column facts not exists, evidence not hard, qualitative no does, applies legal, and regulations and policy not right, not meet processing provides program,     Processing not appropriate or beyond terms of, should revoked original processing decided; (three) original processing decided by column facts not clear, evidence insufficient, violation processing provides program of, should revoked original processing decided, obliges original processing units again processing; (four) original processing decided facts clear, applies legal, and regulations and policy properly, but processing obviously bias of, should obliges original processing units be change or directly by accepted organ change original processing decided.     Article 26th after authorities appeal a decision, it shall make the institution staff written decision on the appeal, and served on the complainant and the institution of complaint in a timely manner (or national administrations).     Complaints to the agency decision is final, the complainant and the institution of complaint (or State administrative body) must be complied with. Article 27th organ shall, from the date of receiving institution staff complaints within 60 days to make a decision.     On the complexity of the case, and it fails to handle difficult cases, approved by the agency head, processing time limit can be extended, 30th and notify the complainant.     28th complained of institution (or national administrations) should deal with the complaint decided in the complainant's personnel file.     After service of the appeal decision, appeals bodies should be finishing 5th files, archives, and in accordance with the relevant provisions for the record.     Article 29th hearing cases appealed by staff of the institution, agency not to mediate the case.     Article 30th Agency, complained of institution (or State administrative body) shall not be raised by the staff of the institutions to review applications, appeals and penalties for a review of the applicant and the complainant. 31st at the Agency before making a decision, review the applicants, petitioners may withdraw in writing an application for review or appeal requests.     Whether to approve the agency decision.     Chapter fifth charged 32nd institution staff to institutions (or national administrations) and their leading personnel violations of their legitimate rights and interests, can be charged to a government personnel departments or by the administrative authority.     33rd charged should be proposed by staff of the institution, if incapacity or death, can his close relatives or authorized agent on its behalf.     Article 34th complaint with the staff of the institution shall be submitted indictment.     The indictment shall set forth the following: (a) the complainant's name, company, position, and other basic information; (b) charged with names or the names of leading personnel of public institution and other basic information, (iii) charged matter, rationale and requirements; (d) the date of the complaint.     35th Government personnel departments or higher administrative authorities after receiving the institution staff's complaint, Agency shall promptly to trial the accused material, within 5 working days to make a decision on whether to accept, and to inform the complainant in writing.     Article 36th Government personnel departments or by the administrative authorities in inadmissible when dealing with staff of the institutions charged with the case, shall, in accordance with the relevant provisions and procedures for investigation, treatment, and serve a decision in writing the complainant, where the charged person, accused person or institution (or national administrations).     37th was charged with public institutions (or national administrations) and leaders in government personnel departments or by the executive staff of the institutions charged with handling decisions, must be made within the time limit set by the Executive Agency's decision, and to report on implementation of Agency.     Article 38th complaint with the Agency in accordance with this approach the institution staff should be protected any organs or individuals without discrimination and harassment.     Agency staff in public institutions of the charges, not ignored, charged materials may not be transferred to the accused and the accused.     39th sixth chapter legal liability institution (or State administrative body) staff handling errors in public institutions, should take the initiative to correct and an apology to remove.     40th institutions (or national administrations) on staff in institutions handling errors, and without review, according to the Agency's decision to grant redress or review of the applicant and the complainant, accuser retaliates, cadre management of Agency is entitled to in accordance with the permission to the attention of the State administrative organs, heads of administrative supervisory organs for their direct responsibility and administrative responsibility.     41st institution staff review applications, complaints, charges fabricated facts, fraud, slander others, depending on the seriousness of the criticism or sanctions; suspect should be transferred to the judicial organ shall investigate its criminal responsibility; and causing economic losses to the country, should be liable; cause reputational damage to others, should be a public apology, the Elimination of adverse effects.     42nd accepting authority, impartiality in dealing with staff of the institutions, the Commission in the review of applications, Petitions, complaints and malpractices for personal gain, not justice, perverted decided, in accordance with the relevant provisions of the State administrative organs, administrative supervisory organs, and hold accountable the persons directly responsible and persons in charge of administrative responsibility. The seventh chapter by-laws article 43rd institution staff to apply for review, appeals and complaints management system.     Counties (autonomous counties, and cities), HR departments, municipal departments should be before the end of December every year, this year's institution staff for review, appeals and complaints submitted to the municipal personnel department.     44th article of the provisional measures shall take effect on December 1, 2002. Annexes: 1. Chongqing institution staff to review applications for 2. institution staff review of a notice of decision in Chongqing 3. application for staff grievances in public institutions in Chongqing City 4. accept (within corrections, inadmissibility) institution staff notice of complaint 5. notice of Chongqing institutions responding to staff complaints 6. Chongqing institutions staff appeals notice of decision 7. Chongqing Staff members charged with registration form 8. hearing appeals notice of institution staff 9. institution staff review, appeals, complaints, Chongqing City, the certificate of service annex 1: Annex 2 annex 3 Annex 4 Annex 5 Annex 6 Annex 7 Annex 8: Accessories 9: