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Petition Guide

National Letters and Visits Regulations

Chapter I General Provisions

Article 1 These Regulations are formulated in order to maintain close contact between people's governments at all levels and the people, protect the legitimate rights and interests of petitioners, and maintain the order of petitioners.

Article 2 The letters and visits referred to in these Regulations refer to citizens, legal persons or other organizations to report to the people's governments at all levels and the working departments of people's governments at or above the county level in the form of letters, emails, faxes, telephones, visits, etc., make suggestions, Opinions or complaint requests, activities handled by relevant administrative organs in accordance with law. Citizens, legal persons or other organizations that use the form prescribed in the preceding paragraph to reflect the situation and make suggestions, opinions or requests for complaints are called petitioners.

Article 3 The people's governments at all levels and the work departments of the people's governments at or above the county level shall do a good job in handling letters and visits, carefully handle incoming letters, receive visits, listen to the opinions, suggestions, and requirements of the people, accept the supervision of the people, and work hard to serve the people. The working departments of the people's governments at all levels and the people's governments at or above the county level shall open channels for communication and visits, and provide convenient conditions for letters and visits to reflect the situation in the form prescribed in these Regulations and to make suggestions, opinions or complaints. No organization or individual may retaliate against petitioners.

Article 4 Under the leadership of people's governments at all levels, the work of letters and visits should adhere to the principle of territorial management, hierarchical responsibility, who is in charge and who is responsible for solving problems in accordance with the law, in a timely and local manner, and channeling education.

Article 5 The working departments of the people's governments at all levels and the people's governments at or above the county level shall make scientific and democratic decisions, perform their duties in accordance with the law, and prevent conflicts and disputes that lead to petition matters from the source. People's governments at or above the county level should establish unified leadership, departmental coordination, overall consideration, and root causes, and take responsibility for each other's petition work. Through joint meetings, the establishment of an investigation and mediation mechanism, and the establishment of a petition work inspection system, Resolve contradictions and disputes in a timely manner. The heads of the people's governments at all levels and the working departments of the people's governments at or above the county level should read and approve important letters, receive important visits, listen to reports on the work of letters and visits, and study and solve outstanding problems in the work of letters and visits.

Article 6: People's governments at or above the county level shall establish letters and visits agencies; working departments of the people's governments at or above the county level and township and town people's governments shall determine the agencies responsible for letters and visits (hereinafter referred to as letters and visits agencies) in accordance with the principle of favorable work and convenience for letters and visits. ) Or personnel, specifically responsible for letters and visits. The letters and visits organization of the people's government at or above the county level is the administrative organization responsible for letters and visits of the people's government at the corresponding level and performs the following duties:

(1) Accepting, assigning, and forwarding letters and visits from the petitioners;

(2) To undertake letters and visits assigned by the superior and the people's government at the corresponding level;

(3) Coordinating and handling important letters and visits;

(4) Supervising and examining the handling of letters and visits;

(5) Research and analyze the situation of letters and visits, carry out investigations and studies, and promptly make suggestions to the people's government at the corresponding level to improve policies and work;

(6) Guiding the petition work of other departments of the people's government at the same level and the petition work organization of the people's government at the lower level.

Article 7 People's governments at all levels shall establish and improve the responsibility system for letters and visits, and strictly investigate the responsibilities of those responsible in accordance with the relevant laws, administrative regulations and these regulations for the acts of negligence and malfeasance in letters and visits. Be notified. People's governments at all levels should incorporate the performance of petition work into the assessment system for civil servants.

Article 8 The situation reported by the petitioner and the suggestions and opinions that have contributed to the national economic and social development or to the improvement of the work of state organs and the protection of social public interests shall be rewarded by the relevant administrative organ or unit. The units or individuals who have made outstanding achievements in letters and visits will be rewarded by the relevant administrative organs.

Chapter II Channels for Petitions

Article 9 The working departments of the people's governments at all levels and the people's governments at or above the county level shall publish to the society the correspondence address, e-mail address, complaint telephone number, time and place of reception of letters and visits, and ways of inquiring about the progress and results of letters and visits. matter. People's governments at all levels and the working departments of people's governments at or above the county level shall publish laws, regulations, rules, procedures for handling letters and visits, and other related matters for the convenience of letters and visits at their letters and visits reception sites or websites.

Article 10 The municipal and county people's governments with districts and their working departments, and the township and town people's governments shall establish a system of letters and visits for persons in charge of administrative organs, and the persons in charge of administrative organs shall coordinate and handle matters concerning letters and visits. Letters and visits can be reported personally to the person in charge of the relevant administrative organ on the announced reception day and place. The person in charge of the people's government at or above the county level and its working department or a person designated by him or her may contact the petitioner's place of residence to communicate with the petitioner on the outstanding issues that the petitioner has reflected.

Article 11: National petition agencies make full use of existing government information network resources, establish a national petition information system, and provide convenience for petitioners to raise petition matters and inquire about the handling of petition matters locally. Local people's governments at or above the county level shall make full use of the existing government information network resources, establish or determine the petition information system in their respective administrative areas, and realize interconnection with the petition information system of the people's government at a higher level, relevant government departments, and people's governments at a lower level.

Article 12 The letters and visits agencies or relevant working departments of the people's governments at or above the county level shall promptly enter the complaint requests of the letter and visitor information into the letter and visit information system, and the letter and visitor may submit the complaint request acceptance certificate issued by the administrative organ to the letter and visit of the local people's government The working institution or the reception place of the relevant work department shall inquire about the handling of the complaint filed by it. Specific implementation measures and procedures shall be prescribed by the people's governments of provinces, autonomous regions and municipalities.

Article 13 The people's governments at the city and county levels with districts may establish a government-led, socially engaged working mechanism that is conducive to the rapid resolution of disputes according to the actual needs of petition work.

The petition agency shall organize relevant social groups, legal aid agencies, relevant professionals, social volunteers, etc. to jointly participate, and use consulting, education, negotiation, mediation, and hearing methods to deal with complaints from petitioners in a timely, reasonable and reasonable manner.

Chapter III Proposal of Letters and Calls

Article 14: Letters and visits to the following organizations and personnel to reflect the status of their positions, make suggestions, opinions, or dissatisfied with the following organizations and personnel's positions, they can raise letters and visits to the relevant administrative organs:

(1) administrative organs and their staff;

(2) Organizations and their personnel authorized by laws and regulations with the function of managing public affairs;

(3) enterprises, institutions and their staff who provide public services;

(4) Personnel appointed or dispatched by state administrative organs in social organizations or other enterprises and institutions;

(5) Villagers 'committees, residents' committees and their members.

For complaint requests that should be resolved through statutory channels such as litigation, arbitration, and administrative reconsideration in accordance with the law, the petitioner should submit to the relevant authorities in accordance with the procedures prescribed by relevant laws and administrative regulations.

Article 15 Letters and visits to the people's congresses at all levels and the standing committees of the people's congresses at or above the county level, people's courts, and people's procuratorates should be addressed to the relevant people's congresses and their standing committees, people The court and the People's Procuratorate have proposed and abide by the provisions of Articles 16, 17, 17, 18, 19, and 20 of these Regulations.

Article 16 Petitioners should use the form of visits to submit letters and visits to the authorities at the same level or higher level that are authorized to deal with the matter; if the letter or visit has been accepted or is being processed, the letter and visitor should report to the superior of the receiving and handling agency within the prescribed period. If the organ raises the same letter and visit again, the superior organ will not accept it.

Article 17 Letters and visits should be submitted in the form of letters, e-mails, faxes, and other written matters. When a complaint is filed, it should also include the name (name), address and request, facts, and reasons of the letter and visitor.

Relevant authorities shall record the name (name), address and request, facts, and reasons of the petitioner for the complaint filed in oral form.

Article 18 Letters and visits made by people in the form of visits should be submitted to reception places established or designated by relevant authorities.

If multiple persons use the form of a visit to raise common letters and visits, representatives shall be selected, and the number of representatives shall not exceed five.

Article 19 Letters and visits should be objective and truthful when submitting letters and visits. They must be responsible for the authenticity of the materials provided. They must not fabricate or distort facts, or falsely accuse or frame others.

Article 20 Letter and visitor shall abide by laws and regulations in the process of letter and visit, shall not damage the interests of the state, society and collectives and the legal rights of other citizens, consciously maintain social public order and letter and visit order, and shall not:

(1) illegally gathering around the office of a state organ or a public place, blocking or impacting the state organ, blocking official vehicles, or blocking or blocking traffic;

(2) Carrying dangerous goods and control equipment;

(3) Insulting, assaulting, threatening a staff member of a state organ, or illegally restricting the personal freedom of others;

(4) Being stranded or troubled at the reception place for letters and visits, or leaving people who cannot take care of themselves at the reception place for letters and visits;

(5) Inciting, linking up, intimidating, using property to induce, manipulating others' letters or visits behind the scenes, or taking advantage of the opportunity to collect money in the name of letters and visits;

(6) Other acts that disrupt public order and hinder the state and public safety.

Chapter IV Acceptance of Letters and Calls

Article 21 The letter-and-visit work institutions of the people's governments at or above the county level shall receive the letter-and-visit matters, and shall distinguish between the cases and deal with them in the following ways within 15 days:

(1) The letter-and-visit matters stipulated in Article 15 of these Regulations shall be notified to the letter-and-visitors respectively to the relevant People's Congress and its Standing Committee, the People's Court, and the People's Procuratorate. Those that have been or should be resolved through statutory channels such as litigation, arbitration, and administrative reconsideration shall not be accepted, but the petitioner shall be informed to submit to the relevant authorities in accordance with the procedures prescribed by relevant laws and administrative regulations.

(2) Letters and visits that belong to the people's government at the same level or its work department in accordance with the legal duties shall be transferred to the administrative organs with authority to handle them; if the situation is serious and urgent, suggestions shall be made in time and reported to the people's government at the corresponding level for decision.

(3) If the matter of petition involves a lower-level administrative agency or its staff, it shall be directly transferred to the administrative agency that has the authority to handle it in accordance with the principle of "local management, hierarchical responsibility, who is in charge and who is responsible", and copy the petition from the next-level people's government. Working Organization.

The letters and visits agencies of the people's governments at or above the county level should regularly report the transfers to the letters and visits agencies of the people's governments at the next lower level, and the letter and visits agencies of the people's governments at the lower levels should regularly report to the letters and visits agencies of the people's governments at the next higher level to report the handling of the letters and visits.

(4) If it is necessary to provide feedback on the important situation in the matter of transferring letters and visits, it may be directly handed over to the administrative agency that has the authority to handle it, and it shall be required to report the result within the designated processing period and submit a conclusion report.

According to the provisions of paragraphs (2) to (4) of the preceding paragraph, the relevant administrative organs shall decide whether to accept and notify the petitioners within 15 days from the date of receiving the letter-and-visit matters forwarded and assigned, and notify the petitioning agency as required. .

Article 22 Letters and visits shall be submitted to the administrative organs other than the letters and visits agencies of the people's governments at all levels in accordance with the provisions of these regulations, and the relevant administrative organs shall register them; Letters and visits within the statutory scope of authority of this organ shall be accepted without derogation, perfunctory, or delay; for matters that do not fall within the scope of the authority of the institution, the petitioners shall be informed to submit to the authority having authority.

After the relevant administrative organs receive the letters and visits, they can reply on the spot whether they are accepted or not, and they should reply in writing on the spot; if they cannot reply on the spot, they should inform the letters and callers in writing within 15 days of receiving the letter and visit. However, the name (name) and address of the petitioner are unclear.

Relevant administrative organs shall notify each other of the acceptance of letters and visits.

Article 23 Administrative organs and their staff members shall not disclose or forward the reports and disclosure materials and related information of the petitioners to the persons or units being reported or disclosed.

Article 24 Letters and visits involving two or more administrative organs shall be accepted through consultation by the administrative organs involved; if there is a dispute over the acceptance, the common administrative organ at the next higher level shall decide the accepting organ. Article 25 The division, merger, and revocation of administrative organs that should handle letters and visits shall be accepted by administrative organs that continue to exercise their functions and powers; those with unclear responsibilities shall be accepted by the people's government at the same level or their designated organ.

Article 26 When citizens, legal persons or other organizations discover major and urgent letters and visits that may cause social impact, they may report to the relevant administrative organs nearby. After receiving reports, local people's governments at all levels should immediately report to the people's government at the next higher level; if necessary, notify the relevant authorities. After receiving the report, the relevant departments of the local people's government at or above the county level shall immediately report to the people's government at the corresponding level and the competent department at the next higher level; if necessary, notify the relevant competent department. After receiving the report, the relevant departments of the State Council shall report to the State Council immediately; if necessary, notify the relevant competent departments.

The administrative organ shall not conceal, misreport, or postpone important or urgent letters and visits, or inform others to conceal, misreport, or postpone reporting.

Article 27. For major and urgent letters and visits that may cause social impact, and information about letters and visits, the relevant administrative organs shall take timely measures within the scope of their duties in accordance with the law to prevent the occurrence and expansion of adverse effects.

Chapter V Handling and Supervision of Letters and Calls

Article 28 When dealing with letters and visits, administrative organs and their staff shall perform their duties diligently and impartially, ascertain the facts, clarify responsibilities, publicize the legal system, education and guidance, and handle them in a timely and proper manner without derogation, perfunctory, or delay.

Article 29 If the situation reported by the petitioner and the suggestions and opinions are beneficial to the improvement of the administrative organs and the promotion of the national economy and social development, the relevant administrative organs shall carefully study and demonstrate and actively adopt them.

Article 30: Staff members of administrative organs who have a direct interest in matters concerning letters and visits or those who visit letters and letters should evade.

Article 31 The administrative organs that have the authority to deal with petition matters shall hear the petitioners to state the facts and reasons; if necessary, they may ask the petitioners, relevant organizations and personnel to explain the situation; if they need to further verify the relevant situation, they may report to Investigation by other organizations and personnel.

Hearings can be held for major, complicated, and difficult letters and visits. Hearings should be held in public, through inquiry, debate, review, collegiality, etc., to find out the facts and distinguish responsibilities. The hearing scope, moderators, participants, and procedures shall be prescribed by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 32 The administrative authorities that have the authority to handle letters and visits shall, upon investigation and verification, make the following treatments in accordance with relevant laws, regulations, rules and other relevant provisions, and reply to the letters and visits in writing:

(1) to request support if the facts are clear and in compliance with laws, regulations, rules or other relevant provisions;

(2) If the reason for the request is reasonable but lacks legal basis, it shall do a good job of explaining the letter to the visitor;

(3) If the request lacks factual basis or does not comply with laws, regulations, rules or other relevant provisions, it will not be supported.

If an administrative agency that has the power to make a request for a letter of support in accordance with the provisions of paragraph (1) of the preceding paragraph, it shall urge the relevant agency or unit to implement it.

Article 33 Letters and visits should be completed within 60 days from the date of acceptance; if the situation is complicated, the time limit for processing can be appropriately extended with the approval of the person in charge of this administrative organ, but the time limit must not exceed 30 days, and the reason for the delay is informed . Where laws and administrative regulations provide otherwise, those provisions shall prevail.

Article 34 If a petitioner is dissatisfied with the opinions on the handling of the petition matters made by the administrative organ, he may request the original administrative organ to review it within 30 days of receiving the written reply. The administrative organ that receives the request for review shall submit a review opinion within 30 days from the date of receipt of the request for review and give a written reply.

Article 35 If a letter or visitor is dissatisfied with the review review, he may request a review from the administrative agency at the next higher level within 30 days from the date of receiving the written reply. The administrative agency that receives the request for review shall submit a review opinion within 30 days from the date of receiving the request for review.

The review organ may hold a hearing in accordance with the provisions of Article 31, paragraph 2 of these regulations, and the opinions reviewed after the hearing may be publicized to the public according to law. The time required for the hearing is not counted within the period specified in the preceding paragraph.

If the petitioner is dissatisfied with the review opinion and still submits a complaint request based on the same facts and reasons, the petitioning agencies and other administrative organs of the people's governments at all levels will no longer accept it.

Article 36 If the letter-visit work organization of the people's government at or above the county level finds that the relevant administrative organ has any of the following circumstances, it shall promptly supervise it and make suggestions for improvement:

(1) failing to settle the letter-and-visit matter within the prescribed processing period without proper reasons;

(2) failing to provide feedback on the results of handling letters and visits as required;

(3) Failure to handle letters and visits in accordance with prescribed procedures;

(4) evasion, perfunctory, or delay in handling letters and visits;

(5) Failing to carry out opinions on handling letters and visits;

(6) Other situations that require supervision.

The administrative agency that received the improvement suggestions shall provide written feedback within 30 days; if the improvement suggestions are not adopted, the reasons shall be stated.

Article 37 The letters and visits agencies of the people's governments at or above the county level shall promptly report to the people's governments at the corresponding level on relevant policy issues reflected by the letters and visits, and put forward suggestions to improve the policies and solve the problems.

Article 38 The letters and visits work organization of the people's government at or above the county level may propose to the relevant administrative organs administrative sanctions against the staff members of the administrative organs who have caused serious consequences in the work of letters and visits.

Article 39 The letter-and-visit work organization of the people's government at or above the county level shall submit regular reports on the situation of letters and visits to the people's government at the same level on the following matters:

(1) Statistics on the matters concerning letters and visits, the fields involved in letters and visits, and the authorities that have been complained a lot;

(2) the situation of transfer and supervision, and the adoption of improvement suggestions by each department;

(3) Proposed policy recommendations and their adoption.

Chapter VI Legal Liability

Article 40 If one of the following situations causes a letter-and-visit matter to occur and cause serious consequences, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions in accordance with the relevant laws and administrative regulations; if a crime is constituted, the person shall be investigated for criminal responsibility responsibility:

(1) Exceeding or abusing their powers and infringing upon the legitimate rights and interests of petitioners;

(2) The administrative organ shall act but not act, infringing upon the legitimate rights and interests of the petitioner;

(3) Inapplicable laws or regulations or violation of legal procedures, infringing upon the legitimate rights and interests of the petitioner;

(4) Refusal to execute the opinion of the request for supporting letters and visits made by the administrative organ with authority to handle it.

Article 41 The letters and visits agencies of the people's governments at or above the county level shall register, transfer, or assign the received letters and visits but fail to register, transfer, or assign as required, or shall perform the duties of supervision and fail to perform the duties, the higher-level administrative organ shall Order corrections; if serious consequences are caused, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law.

Article 42 The administrative organ with the responsibility of accepting letters and visits violates the provisions of these regulations in the process of accepting letters and visits. In any of the following circumstances, the administrative organ at a higher level shall order it to make corrections; if it has caused serious consequences, it shall be directly responsible. Administrative personnel and other persons directly responsible shall be given administrative sanctions in accordance with law:

(1) Failure to register the letters and visits received in accordance with regulations;

(2) refusing to accept letters and visits that fall within its legal scope of competence;

(3) The administrative organ fails to inform the petitioner in writing whether to accept the petition matters within the prescribed time limit.

Article 43 An administrative authority that has the authority to deal with letters and visits should handle one of the following acts in handling letters and visits, and its higher-level administrative agency shall order correction; if it causes serious consequences, the person in charge directly responsible and other directly Responsible personnel shall be given administrative sanctions according to law:

(1) Postponing, perfunctory, delaying the handling of letters and visits or failing to complete the letters and visits within the legal time limit;

(2) Where the facts are clear and the complaint request that complies with laws, regulations, rules or other relevant provisions is not supported.

Article 44 If a staff member of an administrative organ violates the provisions of these Regulations and discloses or forwards the report or disclosure materials or related information of the letter-visor to the person or unit being reported or disclosed, he shall be given administrative sanctions in accordance with law.

In the process of handling letters and visits, the staff members of the administrative organs have rough style, intensified contradictions and caused serious consequences, and shall be given administrative sanctions in accordance with law.

Article 45 The administrative organ and its staff violate the provisions of Article 26 of these regulations, conceal, misreport, postpone, or instruct others to conceal, misrepresent, If the report is postponed and causes serious consequences, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

Article 46 Combating retaliation against a letter petitioner who constitutes a crime shall be investigated for criminal responsibility according to law; if it does not constitute a crime, administrative sanctions or disciplinary sanctions shall be imposed according to law.

Article 47 If the provisions of Articles 18 and 20 of these Regulations are violated, the staff of the relevant state organs shall discourage, criticize or educate the petitioners.

If persuasion, criticism, and education are invalid, the public security organs will warn, admonish, or stop them; if they violate laws, administrative regulations, or constitute violations of public security management, the public security organs will take necessary on-site measures and provide public security Administrative punishment; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 48 Letters and visitors who fabricate misrepresentation of facts, falsely accuse others of constituting a crime, shall be investigated for criminal responsibility according to law; if it does not constitute a crime, the public security organ shall be punished by law and order for public security management.

Chapter VII Supplementary Provisions

Article 49 The letters and visits of social organizations, enterprises and institutions shall be implemented with reference to these regulations.

Article 50 The handling of letters and visits by foreigners, stateless persons, and foreign organizations shall be handled with reference to these regulations.

Article 51 These Regulations shall become effective on May 1, 2005. The Regulations on Letters and Visits promulgated by the State Council on October 28, 1995 were repealed at the same time.