Petition Provisions Of Land And Resources (Amended In 2006)

Original Language Title: 国土资源信访规定(2006年修正本)

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(April 3, 2002 4th Ministerial meeting of the Ministry of land and resources by December 29, 2005 Ministry of land and resources Department of the 2nd meeting of January 4, 2006, Ministry of land and resources announced as of March 1, 2006, 32nd) Chapter I General provisions article petition to regulate land and resources Act, violated the order of maintenance of land and resources, protect the legitimate rights and interests of the complainant, in accordance with the regulations on petition and land and resource management laws and regulations, this provision is enacted.
    Second petition of land and resources in these rules refers to citizens, legal persons or other organizations with letters, emails, faxes, phone calls, visits and other forms, reflect the situation to the land and resources management, requests for suggestions, comments or complaints, handled by the land and resource management activities in accordance with law.
    The complainants in these rules refers to form provided for in the preceding paragraph, reflect the situation, requests for suggestions, comments or complaints of citizens, legal persons or other organizations.
    Third article land resources petition work should followed following principles: (a) territorial management, and grading is responsible for, who competent, and who is responsible for; (ii) smooth petition channel, convenient petition people; (three) facts, errors will correcting; (four) law, and timely, and local solution problem and grooming education phase combined; (five) insisted law administrative, from source Shang prevention led to land resources petition matters occurred of contradictions and disputes.
    Article fourth superior management of land and resources departments should periodically on petition of the lower land and resource management sectors ' performance evaluation.
    The fifth under any of the following circumstances, related to the management of land and resources shall be rewarded as follows: (a) land resource unit or individual achievements in the work of letters and calls, (ii) the complainant reflect the situation, put forward suggestions, comments, and an important contribution to improving the management of land and resources.
    Chapter petition work organization and personnel sixth land and resources administration departments at or above the county level shall be in accordance with good working, complainant-friendly principles determine the institutions responsible for the petition, with commensurate with the tasks of the staff, the establishment of reception sites, provide the necessary protection.
    Article seventh petition staff should be familiar with the land and resources of land and resources laws, regulations and policies, and has a wealth of experience in crowd, honest, responsible, realistic, honest.
    Eighth article land resources petition work institutions law perform following duties: (a) accepted, and assigned by, and transferred land resources petition matters; (ii) hosted this level Government and superior land resources management sector assigned by of land resources petition matters; (three) coordination processing important land resources petition matters; (four) supervision land resources petition matters of processing; (five) research analysis petition situation, carried out investigation, timely to this sector proposed perfect policy, and solution problem and improved work of recommends;
    (Vi) guiding the work of letters and calls of the lower land and resource management.
    Nineth petition work in accordance with operational requirements, the can to the triage meeting and other relevant meetings, review the file, check out, copy files, documents relating to the complaint.
    Tenth Article land resources petition staff should do: (a) wholeheartedly serving, strictly law administrative; (ii) seriously processing people letter, enthusiasm reception masses visiting, law answers petition people proposed of problem, patience do grooming work, publicity land resources legal, and regulations and about approach, and policy; (three) protection petition people of privacy right, shall not will reported, and charged material, and petition people name and the other about situation revealed or turned to was reported, and was charged of object or units.
    11th petition workers enjoy land and resources to the local government or by the land and resource management sectors relating to the allowances and health care benefits.
    Third chapter petition channel 12th article County above land resources management sector should through Internet or released announcement, way, to social public following petition information: (a) petition work institutions of communications address, and email and complaints phone; (ii) petition reception of time and locations; (three) query petition matters processing progress and the results of way; (four) and petition work about of legal, and regulations, and regulations; (five) petition matters of processing program; (six) other for petition people provides convenience of related matters.
    13th land and resources administration departments at or above the county level shall make full use of the existing resources of governmental information network, establishing complaint information system of land and resources to realize the people's Governments at the corresponding level complaint reporting institutions, land and resource management Department of higher and lower interconnection, for the complainants in their complaint, query, complaint handling convenience. 14th petition work bodies of land and resources should the complainant request letters and calls of complaints information system.
    Land and resources relating to the complainant can request the receiving of complaints issued by the Administrative Department documents, to the local land and resources management departments complaints raised by complaint letters and calls reception places queries the processing of the request. 15th management of land and resources authorities above the county level shall establish and improve the system of letters and calls.
    Principals should read and important letters, important visitors, listen to the complaint report, study and solve outstanding problems in the work of letters and calls of land and resources. 16th of municipal and County departments shall establish administrative bodies in charge of land and resources management petition reception day system, coordinated by the heads of city and County land and resources management dealing with petitions.
    Complainants can be municipal, County, land and resource management sectors published letters open houses and places of reception, to heads of city and County land and resources management reflect the complaint.
    The owner or staff of the land and resources administration departments at or above the county level, can the complainant reflect the outstanding issues to the complainant lived and interviewed the complainant to communicate.
    Article 17th of the fourth complaint letters and visits from people on land and resources management and staff positions reflect the situation, recommendations, opinions, or refuses to accept land and resource management and staff's duty, to the petitions to the management of land and resources department.
    According to law should be resolved through litigation, arbitration, administrative reconsideration requests for statutory approaches to resolve complaints, the complainant shall, in accordance with the relevant laws and administrative rules and regulations submitted to the relevant authorities.
    18th complainants submitted petitions of land and resources, should be legally entitled to deal with land and resource management. 19th the complainants submitted petitions to the land and resources management, letter, e-mail, fax, etc should be taken in writing.
    Request complaint the complainant, and shall include the complainant's name (name), address, and request, facts and reasons.
    An oral request complaint form, land and resources administrative departments shall record the complainant's name (name), address, and request, facts and reasons.
    20th complainants with visits to petitions to the management of land and resources department, should be to the ministries of land and resources management, designated reception sites made many people have used visits to form a common complaint, should be the nominee, on behalf of not more than five persons. Chapter fifth complaint acceptance 21st management of land and resources authorities above the county level received a complaint from the complainant, or petition of the people's Governments, the people's Government of working bodies transferred, assigned by the complaint, should be registered. Belongs to following case one of of, should making land resources petition matters told book, in 15th within written told petition people: (a) has or law should through litigation, and arbitration, and administrative reconsideration, statutory way solution of petition matters, should told petition people in accordance with about legal, and administrative regulations provides of program to about organ proposed; (ii) belongs to levels Congress and Standing Committee, and Court, and people's Procuratorate terms range within of petition matters,
    Should advise the complainant to their respective people's congresses and their Standing Committee, the people's Court, people's Procuratorate, and (iii) shall not belong to the land and resource management within the terms of reference of the complaint, shall advise the complainant to submit to the competence to deal with the departments or Governments.
    The complainant repeated petitions filed during the term of processing the complaint reporting handling Office Agency can no longer advise the complainant in writing. 22nd article in accordance with statutory duties belongs to land resources management sector terms range within of petition matters, about land resources management sector should according to "territorial management, and grading is responsible for, who competent, and who is responsible for" of principles, in 15th within respectively according to following way processing: (a) belongs to subordinate land resources management sector terms range within of petition matters, making land resources petition matters transferred book, directly transferred has jurisdiction right of subordinate land resources management sector. Involved subordinate land resources management sector head or staff of petition matters, should transferred its Shang level land resources management sector; (ii) belongs to superior land resources management sector terms range within of petition matters, directly submitted has jurisdiction right of superior land resources management sector; (three) situation major, and emergency, need feedback handle results of petition matters, making land resources petition matters assigned by book, directly referred to the right to processing of land resources management sector handle. Right to processing of land resources management sector should in specified handle of term within, to assigned by of land resources management sector submitted land resources petition matters settles report, feedback petition matters of handle results; (four) belongs to this sector terms range within of petition matters, should accepted, shall not shuffle, and perfunctory, and delay, and making land resources petition matters accepted notice, written told petition people; (five) petition matters has accepted or is handle of, petition people in provides term within to accepted, and
    Handle of land resources management sector of superior land resources management sector proposed same petition matters of, the superior land resources management sector making land resources petition matters not accepted notice, written told petition people; (six) petition people proposed of petition matters belongs to land compensation standard dispute, about Government has or is law for ruling of, the land resources management sector making land resources petition matters not accepted notice, written told petition people not accepted.
    In accordance with the preceding paragraph (a) to (c) provides that got transferred, assigned by the petition of land and resources in land and resource management Department shall receive the petitions forwarded book or book of the land and resources assigned by the complaint within 15th of deciding whether to accept, and advise the complainant in writing. 23rd superior management of land and resources departments should be regularly informed of petitions to the lower land and resource management transferred, assigned by the situation.
    Lower-level management of land and resources departments should carry out regular upward level of land and resources management report available, assigned by the complaint handling.
    Chapter Sixth complaint handling and supervising the 24th land and resource management Department for complaint, petition a statement of fact and reason should be heard if necessary, may require the complainant, the organizations and the staff to explain the situation need to further verify the information, to other organizations and personnel investigations. 25th complaint on major, complex, difficult, and land and resource management needs to hold a hearing, in accordance with the provisions of land and resources hearing ex officio proceedings in hearing of.
    Time required for hearing these provisions are not included in the 28th, 30th, and 31st within the time limits provided for in article. 26th article land resources management sector on law accepted of petition matters, should in accordance with about legal, and regulations, and regulations and the other about provides, respectively made following processing, and making land resources petition matters processing submissions, written replies petition people: (a) requests facts clear, meet legal, and regulations, and regulations or other about provides of, be support; (ii) requests causes reasonable but lack legal according to of, should on petition people do explained work; (three) requests lack facts according to or not meet legal
    , Rules, regulations or other provisions, not to support it.
    Land and resources management departments in accordance with the preceding paragraph (a) provides that support letters requesting opinions, relevant authorities or units shall perform.
    27th land and resource management after the Department received a complaint from the complainant, can answer off the cuff should answer off the cuff. 28th land and resource management Department to deal with a complaint reporting matter, shall be concluded within 60 days from the date of receipt.
    Major, complex, approved by the heads of departments, may extend processing time limit, but the extension period shall not exceed 30th, and advise the complainant to an extension on the grounds.
    After 29th petition agencies to accept the petition, found the complainant in respect of the complaint and initiate administrative reconsideration or administrative proceedings, has been accepted by the departments concerned, complaint reporting agency may decide to terminate the process. 30th the complainants on land and resources administration refuses to accept the complaint reporting handling, receipt of the complaint dealing with the submissions of land and resources within 30th of requesting departments of people's Governments at the same level or at the level of land and resources management review.
    The original administrative authority for the provincial administration of land and resources, in accordance with the relevant provisions of the State Council to the provincial people's Government for review.
    Received a request for review on the level of land and resources management shall review request is received within 30th of, review comments, and made the complaint of the review submissions of land and resources, written replies to complainants. 31st complainant's review of land and resource management is dissatisfied, he can from the land and resources of the complaint is received within 30th of the review submissions, to the review authority of the people's Government at the or at the level of land and resources management for review.
    Review Office for the provincial administration of land and resources, in accordance with the relevant provisions of the State Council to the provincial people's Government for review.
    Received a request for review on the level of land and resources management shall review request is received within 30th of review comments, making of the complaint review submissions of land and resources, written replies to complainants.
    32nd article superior land resources management sector found subordinate land resources management sector has following case one of of, should timely supervising, and proposed improved recommends: (a) not by provides of handle term settles petition matters of; (ii) not by provides feedback petition matters handle results of; (three) not by provides program handle petition matters of; (four) not implementation petition processing views of; (five) received supervising instruments, not in provides term within feedback handle situation of; (six) other need supervising of case.
    33rd complainant refuses to accept the review comments on the management of land and resources, or the complainant does not review or a request for review within a specified time limit, is still based on the same facts and grounds of complaint, relating to land and resources, land and resources administrative departments shall make complaint no longer notification of acceptance, advise the complainant in writing not to entertain the complaint.
    Article 34th Ministry of land and resources issued by the Administrative Department of the Ministry of land and resources for complaint handling submissions, petitions of land and resources of the review submissions, petitions for review of land and resources of the submissions and the complaint a rejection notice of land and resources and the complaint no longer notification of acceptance of land and resources, it should be stamped with the seal of the Department of land and resources management. 35th land and resources administration departments at or above the county level shall set up and perfect the statistical analysis of letters and calls system of land and resources.
    Lower land and resource management to the superior management of land and resources departments should submit letters of land and resources of the annual, quarterly analysis report.
    Land resources petition situation analysis report should including following content: (a) accepted petition matters of data statistics; (ii) petition matters involved of field and geographical; (three) petition matters transferred, and assigned by, and supervising situation; (four) petition matters reflect out of land resources management work in the exists of problems and solution problem of related policy sex recommends; (five) petition people proposed of improved land resources management work of recommends and was adopted situation.
    Seventh chapter violated the order of maintenance of the 36th the complainants submitted petitions should be objective, responsible for the material that it provides content authenticity, shall not fabricate statements, distort truth, or falsely accuse or frame other persons.
    37th land and resources administration departments at or above the county level shall establish a disposal groups petition the emergency organization and to develop contingency plans. May cause significant social impacts, emergency petitions and petition information petition staff shall immediately report to its land and resources department.
    Relevant management departments in charge of land and resources deemed necessary, shall immediately report to the people's Governments at the corresponding level and superior management of land and resources, and within the area of responsibility to take timely and effective measures in accordance with law, and prevent adverse effects and expanded.
    38th the complainants do not comply with the violated the order, and aggressive behavior during the petition process, related to land and resource management sectors can be taken in a timely manner in accordance with law discouraging, criticism, education, and other measures for refusing to listen to discourage, and may lead to a broader, related to land and resource management sector suggest the public security organs in their warning, reprimand or suppression.
    39th eighth chapter legal liability land and resources administration departments at or above the county level shall exceed or abuse, not to perform their statutory duties, applicable laws, regulations, errors or violation of legal procedures, practices violated the legitimate rights and interests of, or refusal to implement the relevant organs to support the petition requests, pursuant to letters and calls of the 40th of the provisions of the Ordinance, shall be investigated for legal responsibility according to law.
    40th article County above land resources management sector in handle petition matters process in the, has following behavior one of of, superior land resources management sector should ordered deadline corrected; caused serious consequences of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) on received of petition matters not by provides registration of; (ii) on belongs to its statutory terms range within of petition matters not accepted of; (Three) not in provides term within written told petition people whether accepted petition matters of; (four) shuffle, and perfunctory, and delay petition matters handle or not in statutory term within settles petition matters of; (five) not in statutory term within will processing views or review views, and review views written replies petition people of; (six) on facts clear, meet legal, and regulations, and regulations or other about provides of complaints requests not be support of; (seven) on major, and emergency petition matters and petition information hide, and lied about, and sustained reported,
    Or incite others to conceal, misrepresent, and delaying the report.
    41st petition work personnel to deal with a complaint under any of the following circumstances shall be given administrative sanctions: (a) negligence, malpractice and (ii) style rough, may escalate and cause serious consequences, (iii) the complainant to report and expose material or information disclosed to report and expose personnel or units.

    Nineth chapter supplementary articles article 42nd these provisions come into force on March 1, 2006.
                           Annex: land resources petition instruments format directory (a) land resources petition matters told book (ii) land resources petition matters transferred book (three) land resources petition matters assigned by book (four) land resources petition matters accepted notice (five) land resources petition matters not accepted notice (six) land resources petition matters processing views book (seven) land resources petition matters review submissions (eight) land resources petition matters review submissions (nine) land resources petition matters no longer accepted notice = Complaint notice of land and credit divisions of land and resources [] (complainant name):----------you on the ____ day of ____ months _______ years I Bureau (Office) ___________________________ submitted by _____________________ _________________________________________________信访

事项,经研究,我局(厅)认为,上述事项属于________________________________

_______________________________________。

                                               Under the petition ______ of the regulations and the provisions of article ______ of the petition provision of land and resources, please put to ____________________________________ _________________________________. Year month day (the seal of the competent authority or the Special seal for the petition) =tbl/> = land petitions transferred land and capital letter word [] no ____________, Bureau of land and resources (Office): (Office) 于______年____月____日收到(信访人姓名或名称)反映的________
                                        ──────────
__________________________________________________________________________

____________信访事项,经研究,我们认为,上述事项属于你局(厅)职权范

                                                 Surrounding the complaint, transfer the relevant materials to, please check it. Year month day (the seal of the competent authority or the Special seal for the petition) =tbl/> = land and resources assigned by the complaint book of land and credit [] __________, Bureau of land and resources (Office): (Office )于______年____月____日收到(信访人姓名或名称)反映的________
                                        ──────────
__________________________________________________________________________

______________________________信访事项,经研究, We believe that the above constitutes a grave and complicated matter, necessary feedback the results of complaint, according to the relevant provisions of the regulations of the petition, you are proceeding (Office), and you (the Office) within ______ days, to my (Office) submitted the complaint concluded land and resources report, feedback complaint handling results.

                                             Go to related materials, please check it. Year month day (the seal of the competent authority or the Special seal for the petition) =tbl/> = land petitions technology land and credit [] (complainant name):--------------you on ___

    ____ ____ ___ Year month day ________________________________________ ______________ petitions, belong to this Council (the Office of) matters within the terms of reference, according to the regulations of the petition the 22nd and 22nd in the petition provision of land and resources of the regulations, are hereby accepted.

                                                 According to the regulations of the petition the 33rd and 28th in the petition provision of land and resources of the regulations, I (the Office) will issue a reply to you within 60 days from the date of acceptance, I thank you for (Office) work concerned. Year month day (the seal of the competent authority or the Special seal for the petition) =tbl/> = land resource land and credit letters of complaint inadmissible without words [], (complainant name):--------------you ______年____月____日向我局(厅)提出的____________________________

____________________________信访事项,经研究,我局(厅)认为,(不予受理的
                                                              ──────
理由)
──────────────────────────── ─。

                                                      Under petition ____ of the regulations of the land and resources and the petition rules stipulated in paragraph ____ of _____, is inadmissible.

    年  月  日

                                                  (主管部门印章)
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=
                         国土资源信访事项处理意见书
                                                  国土资信处字[    ]第  号

(信访人姓名或名称):
──────────

    You ____ on ____ ______ year month day I Board (Office) ______________ made complaint, I Board (Office) have been disposed of.

    您反映:______________________________________________________________

_____________________________________________。

    经查,________________________________________________________________

_________________________。 In accordance with the provisions of article ____ of my (Office) made the following comments: __________-------

___________________________________。

                                                   If you refuses to accept the opinion, based on the regulations of the petition the 34th and 30th in the petition provision of land and resources of the regulations, from the date of receipt of the comments in the 30th review application to the __________.

    Year month day (the seal of the competent authority) =tbl/> = land petitions to review the submissions of land and credit check [] (complainant name):--------------

    You ____ on ____ ______ year month day I Board (Office) presented to the land and resources Bureau on ______ ________ __________________________ complaint handling review request, I Board (Office) for review, has finished reviewing.

    您反映:______________________________________________________________

_____________________________________________________________。

    _______国土资源局(厅)的处理结果为:_________________________________

______________________________________________________。

    经查,_______________________________________________。

    根据《         》第____条的规定,我局(厅)作出如下复查意见:_________
        ──────
_____________________________________________________。

                                                     If you refuses to accept the opinion, based on the regulations of the petition the 35th and 31st the petition provision of land and resources of the regulations, from the date of this reply comments received within 30th ________________ application for review. Year month day (the seal of the competent authority) =tbl/> = land and credit the nuclear land petitions for review submissions [] (complainant name):--------------you _

    ____ ____ _____ Year month day I departments (bureaus), _____ review comments on the complaint by the Bureau of land and resources review, my Office (Bureau) for review, now has completed review.

    您反映:____________________________________________。

    ___________国土资源局的处理结果为:___________________________________

___________________________________________________________。

    ___________国土资源局的复查意见为:___________________________________

___________________________________________________________。

    经查___,___________________________________________________。

    经复核,我厅(局)作出如下复核意见:__________________________________

_______________________________________________________。

                                              Under the provisions of article 35th of the petition regulations, the review comments for the final review of the complaint. Year month day (the seal of the competent authority) =tbl/> = notice of complaint is no longer accepting land and resources of land and credit is no longer the word [] (complainant name):--------------you on ___
                                ___年____月____日向我局(厅)提出______________________________

________________________________________________________________________信

访事项,经研究,我局(厅)认为,(不再受理的理由)

    ─────────────────────

─────────────────────────。

                                                According to the regulations of the petition the 35th and 30th in the petition provision of land and resources of the regulations, are no longer accepted.
                                                                                  年  月  日

                                             (主管部门印章)
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