Lanzhou City Administrative Efficacy Supervision Approach

Original Language Title: 兰州市行政效能监察办法

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Lanzhou city administrative efficacy supervision approach

    (August 8, 2013 Lanzhou municipal people's Government at the 45th Executive meeting by Lanzhou municipal people's Government, on August 24, 2013 [2013] 8th release come into force November 1, 2013) Chapter I General provisions

    First in order to standardize the administrative efficacy supervision work, urging implementation of administrative organs in accordance with the Administration, to improve administrative efficiency, optimizing the economic environment for social development, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil servants and the People's Republic of China Law on administrative supervision regulations, regulations on the punishment of civil servants of administrative organs and other relevant laws and regulations, combined with the city's actual, these measures are formulated. Article these measures shall apply in the civil service and administrative organs at various levels in the city.

    Others appointed by the Executive Officer and approved in the light of the People's Republic of China Law on civil service management in public institutions and their staff, in accordance with the measures implemented.

    Article III administrative efficiency in these measures refers to the Administration's efficiency, effectiveness and efficiency of the combination.

    Administrative efficacy supervision in these measures refers to the supervisory organ for the purpose of improving administrative efficiency, monitoring impact administrative efficiency in the administration of the issue and conduct an inspection or investigation, and based on the results of inspection or investigation, a decision or recommendation of supervision activities.

    Fourth administrative efficacy supervision work should follow to promote administration according to law and improve administrative efficiency, administrative supervision and the construction of administrative efficacy, supervision and social supervision, accountability and improvement work principles.

    Fifth people's Governments above the county level shall strengthen leadership of the administrative efficacy supervision work, establish and improve the leadership system and working mechanism, standardize administrative examination and approval, the Chief Executive and the Chief service, advance the reform of marketization of public resource allocation and optimization environment, improving efficiency, protection of administrative efficacy supervision work effectively.

    Sixth administrative efficacy supervision work should be the people's Governments at the corresponding level of unified leadership and under the direction of superior supervisory organs.

    Seventh administrative efficacy supervision work should be strengthened and organizational, personnel, auditing and monitoring unit of the competent Department of cooperation and collaboration.

    Eighth people's Governments above the county level shall be the responsibility system for Administrative Department the construction of administrative efficacy of targeted content.

    Chapter II responsibilities and authorities

    The Nineth municipal agency responsible for the city's administrative efficacy supervision work of supervision.

    Counties (districts) sent by the monitoring organs, according to the functions and powers of the supervisory authorities responsible for the area, the unit (Department) the administrative efficacy supervision work.

    Commissioned by the supervisory organs within the unit responsible for the terms of reference of the administrative efficacy supervision work.

    Tenth supervisory organs in the administrative efficacy supervision work, carry out the following functions:

    (A) the development, implementation of the system and the administrative efficacy supervision work plan, reported to the people's Governments at the corresponding level and higher administrative supervisory organs administrative efficacy supervision work;

    (B) the Organization and guidance under the jurisdiction of the administrative efficacy supervision work in the administrative area;

    (C) Organization of administrative efficiency assessment;

    (D) establish and improve administrative efficiency reports, complaints processing mechanism;

    (E) the investigation with regard to matters affecting administrative efficiency and behavior, monitor or monitor decisions taken in accordance with law;

    (Vi) summary, Marketing Executive to strengthen the construction of administrative efficacy, improve the efficiency of the administrative experience and practices;

    (VII) other duties stipulated by laws and regulations.

    11th supervisory organs in the administrative efficacy supervision has the right to take the following measures:

    (A) were monitoring unit and its staff provide supervision-related documents, materials, financial accounts, and other related materials, check out, copy, archive or temporary detention;

    (B) were monitoring units and their staff on efficiency supervision matters involving issues explained and justified;

    (C) ordering the monitor unit and its violation of the laws and rules and regulations, government regulations and administrative disciplinary action;

    (D) ordering the monitoring unit and the damage caused to its violations of staff take the necessary remedial measures;

    (E) ordering the monitoring units and their staff returned illegal fees charged, but according to law shall be confiscated, recovered or dered by other organs except;

    (F) based on the results of inspection and investigation, recommendation of supervision;

    (VII) other measures stipulated by laws, rules and regulations.

    Chapter III monitoring content

    12th administrative authorities and civil servants in the performance of administrative decisions, Administrative Executive, administrative licenses, administrative collection and administrative inspections, administrative sanctions, administrative duties, and affecting the efficiency and conduct, shall be subject to administrative supervision.

    13th supervisory organs to monitor the objects in the following administrative efficiency in the implementation of administrative decisions and behavior monitoring:

    (A) not complying with the statutory authority and program decision-making;

    (B) the content of the decision and the law, regulations, rules and superiors in conflict with a provision of;

    (C) in violation of regulations intervene lower administrative decision-making;

    (D) due to inappropriate decisions resulted in malpractice, disciplinary violations or triggered mass petitions, affect social stability;

    (E) the hearing decision is not in accordance with the regulations organizations, demonstration or to the public and damage the interests of the masses;

    (Vi) other matters affecting administrative efficiency in administrative decision-making and behavior.

    14th supervisory organs to monitor the objects in the following administrative efficiency in the implementation of executive matters and monitor:

    (A) in the implementation of major decisions and arrangements and carry out major projects, priorities, objectives and tasks of implementation, decrees are sluggish, low efficiency, delay, adverse effects or loss;

    (B) misrepresentation, false positives, refuse, conceal, late work causing significant losses;

    (C) natural disasters, accidents, major outbreaks, and other unexpected events, is not in accordance with the relevant provisions and required emergency solutions, timely and effective disposal, causing serious consequences;

    (D) other matters affecting administrative efficiency in the Executive and behavior.

    15th supervisory organs to monitor the objects in the following impact administrative efficiency in the implementation of administrative licensing matters and monitor:

    (A) failing to explicitly, centralized administrative examination and approval functions, streamlining, decentralization of administrative examination and approval matters, influence or impede the work of the administrative examination and approval system reform;

    (B) no public administrative license conditions, procedures and results;

    (C) continuation has canceled administrative licensing items, without the addition of new items or approval within a reservation without permission;

    (D) to comply with the statutory conditions of administrative licensing, approved application inadmissible without good reason, or do not meet the statutory conditions of administrative licensing, vetting and determining application for violations to be admissible;

    (E) to accept administrative licensing, approval did not make a decision within the statutory time limit;

    (F) no justified reason, the applicant repeated applications provide material;

    (VII) does not perform supervisory duties or supervision;

    (H) the offence charged;

    (I) in addition to the statutory conditions of administrative licensing, to additional paid consulting, training, shopping, from designated intermediary services, fund-raising, sponsorship;

    (J) other matters of administrative license violations and behavior.

    16th supervisory organs to monitor the objects in the implementation of the following impact administrative efficiency in administrative expropriation matters and monitor:

    (A) fails to perform or negative of fulfilling the duty is imposed by laws and regulations;

    (B) without qualification or the legal basis introduced administrative levy;

    (C) not required collection of scope, timelines and implementation;

    (D) the introduction of provisions not to issue or not issue legal bills;

    (V) not in accordance with the regulations will be levied income paid in full and on time to the State Treasury or financial account;

    (Vi) are levied does not inform unit or individual rights and ways of relief;

    (G) other matters of administrative expropriation and violations and behavior.

    17th supervisory organs to monitor the objects in the following administrative effectiveness of the administrative penalties in the matter and monitor:

    (A) without qualification or the legal basis for the implementation of administrative punishments administrative penalties;

    (B) violations of statutory rights, conditions and procedures for the imposition of penalties;

    (C) changing the types of administrative penalty, without authorization;

    (D) not issue legal bills;

    (E) no confiscations in full and on time as required to pay to the State Treasury or financial account;

    (F) use or destroy distress;

    (G) release or disguised ordered confiscated indicators;

    (VIII) to administrative punishments instead of administration;

    (IX) administrative penalties instead of the penalty;

    (J) failing to organize hearings;

    (11) other matters illegal imposition of administrative penalty and behavior.

    18th administrative supervisory organs of administrative organs and their staff in the special funds allocated, use the following matters affecting administrative efficiency in monitoring and behavior:

    (A) the withholding or misappropriating special funds;

    (B) detention should allocated special funds;

    (C) misrepresentation, false claim, related party transactions and other means of obtaining special funds;

    (D) budgetary overrun in violation of provisions of investment;

    (V) unauthorized use change project plans or funds;

    (F) violation of regulations expand the scope of use, increased use of standards;

    (VII) false investment savings or concealing the embezzlement of project funds;

    (VIII) of funds or resources are wasted due to poor project management;

    (I) fails to perform or not perform their duties correctly, resulting in project will not be implemented, cannot continue, can't finish a project plan, or problems such as environmental pollution and safety, quality happened accident, adverse effects or serious consequences;

    (J) the violation of the financial or other matters related to project management and behavior.

    19th supervisory organs to monitor the objects in the following administrative efficiency in the Administration monitoring and behavior:

    (A) there are serious problems in terms of discipline and work style, and from late for no reason, absent without leave, stocks on the Internet, playing games, shopping, watching movies and engaging in work related matters affecting work, prejudice to the interests of the masses;

    (B) inadequate in promoting the unification of public resources trade market construction, affect the efficiency and quality of the allocation of public resources;

    (C) the Chief environmental construction, promote the construction, poor innovation examination and approval Service Center, affecting economic and social development;

    (D) according to the provisions implementing the open Government, law public service based on the policies, conditions, procedures, processing time, fees, and more;

    (E) shall be incorporated into the administrative service center if the matter is not included;

    (Vi) administrative license and non-administrative approval items such as not complying with the provisions in the electronic monitoring system;

    (VII) in project construction bidding, commercial land, State-owned assets property rights trading, government procurement process manipulation, fraud, malpractice and has no legitimate reason to circumvent the open bidding without authorization;

    (VIII) work involving multiple departments, lead department to perform lead duties or with the sector does not fit the lead Department work, causing delays;

    (IX) did not establish responsibility, service commitment system, limited to handle system, first asking duty system, one-time informed, post notices, failure investigation system, timeout default, absent the default system, the whole system of agents;

    (J) implementation of corporate attitude is outrageous, deliberately, or used his position to seek illegitimate interests;

    (11) to citizens, legal persons or other organizations report, complaint, complaints and appeals and subordinate bodies do not reply or respond in a timely manner causing serious consequences;

    (12) any other violation of administrative provisions, damages matters and administrative efficiency.

    The fourth chapter monitoring procedures

    20th supervisory organs administrative efficacy supervision according to the following matters:

    (A) the deployment of the people's Governments at the corresponding level and supervisory organs at higher levels and requirements;

    (B) the Centre's work and priorities of the people's Governments at the corresponding level;

    (C) the people's Governments at the corresponding level of major projects and special-purpose funds;

    (D) the administrative effectiveness of the masses feel strongly about;

    (E) other matters that require monitoring.

    Implementation of the 21st for important matters concerning administrative efficacy supervision in accordance with the provisions of the project, and report to the people's Governments at the corresponding level and supervisory organs at a higher level for the record. 22nd administrative efficacy supervision work programme should be established.

    Programme includes the monitoring purpose, object, content, procedures, methods, measures, and so on.

    23rd the supervisory authority before the administrative efficacy supervision should be monitored a notice to the relevant mainland authorities, but not notice otherwise.

    Monitor the notice shall specify the content, timing and specific requirements.

    Monitoring notice should be issued by the head of the supervisory organ.

    Units under inspection must be carried out seriously with the supervisory organ effects of administrative supervision.

    24th supervisory agencies in the investigation of cases involving administrative effectiveness, two or more persons shall participate in and present Administration certificate.

    25th supervisory personnel in the work of inspection or investigation should be comprehensive, objective understanding of the situation, collect evidence, identify problems and causes, and to put forward opinions or recommendations. After the end of the 26th the administrative efficacy supervision, shall submit a report on the work.

    Reports should include basic information, identify problems, causes, treatment recommendations, improvement observations and comments and such.

    27th supervisory organs shall, in accordance with administrative efficacy supervision conditions, give advice or make a decision.

    Important advice or decision, should be reported to people's Governments agreed to and submitted to the next higher supervisory authorities for the record. To matters do not belong to the administrative efficacy supervision, supervisory organs shall be transferred pursuant to the provisions of the relevant function bodies or departments.

    Suspected of a crime, shall be transferred to the judicial authorities.

    28th to monitor recommendations or decision, administrative supervisory organs shall follow, supervise implementation.

    The fifth chapter monitor

    29th administrative efficacy supervision in General to take routine inspections, special monitoring, complaint, investigation, performance appraisal and other means.

    30th supervisory organs have taken the administrative efficacy supervision in the following ways:

    (A) to monitor the fulfilment of statutory duties to carry;

    (B) on matters of major policy decisions, major project development, special funds and large amounts of money management, incident handling, such as special supervision;

    (C) administrative efficiency reflects the problems and violations of the relevant provisions of the construction of administrative efficacy, seriously affecting the efficiency of investigations;

    (D) for examination and appraisal of monitoring objects;

    (E) through the establishment of monitoring stations and hire monitors to supervise the monitoring, evaluation;

    (Vi) through the administrative examination and approval of electronic surveillance system to monitor objects in real time, full and automatic monitoring.

    Supervisory organs to implement the administrative efficacy supervision, can require organizations to the relevant administrative organs, social organizations and professional and technical personnel, or inviting NPC deputies and CPPCC National Committee members, invited, and concerning the participation of the community.

    31st supervisory organs shall establish and improve administrative efficiency systems, and reflected to the public complaint channels. On the effectiveness of a citizen, legal person or other organization-related administrative reports, complaints, administrative supervisory organs shall promptly make a decision on whether to accept, and informed reporting, the complainant.

    Not part of the scope of administrative effectiveness reporting, complaints, decided not to accept, reports, complaints should be one explanation. Article 32nd administrative supervisory organ of an informer, the complainant's information should be kept confidential and may not disclose the informer, the complainant's situation.

    But the informer, the complainants agree to open it except. 33rd administrative supervisory organs, after administrative effectiveness reports, complaints should be dealt with in accordance with the management principles. Belongs to the supervisory organs to handle major and complex reports, complaints should be handled directly, reports, complaints of a general nature may be referred to the relevant administrative authority.

    Belonging to the supervisory organs at lower levels are accepted on forwards subordinate supervisory organs shall promptly handle.

    Article 34th administrative supervisory authorities for administrative efficiency reports, complaints should be concluded in a month; for special reasons need to extend processing time limit, shall be approved by the head of the administrative supervisory organs, but shall not exceed the statutory time limit. 35th supervisory organs shall establish administrative performance evaluation system.

    Supervisory organs to monitor object can be regular or irregular work and administrative efficiency of examination and appraisal of the situation and find reasons that impact administrative efficiency, and put forward rectification opinions and recommendations. Administrative efficiency assessment should be the leaders ' annual performance appraisal, the combination of management by objective annual appraisal.

    Evaluation results should be dealt with in the following ways:

    (A) the evaluation assessed three units give notice of recognition, or reward; after the assessment criticized three units, while talking to the unit shall be mainly responsible for the implementation of law;

    (B) to organisation, personnel, management by objectives appraisal sector providing assessment information, as the unit of measure is to monitor job performance, an important basis for assessment to evaluate;

    (C) to the public by appropriate means.

    The sixth chapter liability

    36th article in violation of the rules of any of the circumstances listed in chapter III, the unit leadership accountability in the following ways:

    (A) administrative efficiency and warning;

    (B) order to writing checks, and to propose corrective measures;

    (C) order the public apology;

    (D) notice of criticism;

    (E) the provisions of other laws, rules and regulations.

    Way more than can be used separately or in combination.

    37th in violation of this regulation, of any of the circumstances listed in chapter III, on their responsibilities to hold responsible according to the following pattern:

    (A) the commandments conversation;

    (B) order the written examination;

    (C) notice of criticism;

    (Iv) suspended;

    (E) out of jobs;

    (F) the removal or proposed removal;

    (G) the provisions of other laws, rules and regulations.

    Suspended when the investigation, should be suspended and specified time and duration.

    Way more than can be used separately or in combination.

    Article 38th units and staff are held accountable, cancel the assessment to evaluate qualifications that year.

    Staff members are held accountable more than twice within a year, and annual assessments should be identified as incompetent grades.

    39th persons concerned refused to correct his mistakes, interfere with or obstruct the administrative efficacy supervision work, deception, concealing the truth, or retaliate against whistleblowers, complaints and other circumstances that warrant the harsh handling, and shall be given a heavier or worse.

    40th responsibilities to cooperate with the investigation, and proactively identify and correct errors, mitigate or caused no adverse effects and he shall be given a lighter treatment, can be given a lighter or mitigated punishment or be exempted from responsibility.

    41st administrative organs and their staff, one of the following circumstances, not to pursue the administrative responsibility for mistakes:

    (A) administrative fault find and correct, did not cause loss or adverse consequences;

    (B) due to force majeure or administrative relative person of deception, executive staff cannot be made correctly, resulting in administrative fault occurs;

    (C) other circumstances that will not be pursued.

    42nd administrative supervisory organs found in the administrative efficacy supervision shall constitute a criminal act, it shall be transferred to judicial organs for handling.

    43rd article administrative efficacy supervision staff abuse, malpractice, negligence, to reveal the secret, law and discipline penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    44th supervisory organs should be made in administrative efficiency within 5 business days of the fault responsibility investigation will determine the service monitoring, and CC is processed in accordance with administrative privileges the Organization and personnel departments as an important basis for assessment appointment; there is clear whistleblower, the complainant or the complainant shall be informed of their results.

    Penalties in the 45th supervisory responsibility is dissatisfied, can receive administrative punishment decision within 30 working days of the date, complained to the people's Governments at the same level or by the supervisory organs, the people's Governments at the same level or superior supervisory organs shall, within 60 working days shall maintain, alter or rescind the decision.

    Complainant did not stop the implementation of the original decision.

    46th hold on administrative behavior, otherwise provided by laws and regulations, from its provisions.

    The seventh chapter by-laws 47th article of the rules take effect on November 1, 2013.