Decree of the State Council of the People's Republic of China

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Decree of the State Council of the People's Republic of China

The People's Republic of China


Decree of the State Council of the People's Republic of China

No. 431

Regulations on Letters and Visits, adopted at the 76th Executive Meeting of the State Council on January 5, 2005, are hereby promulgated and shall be effective as of May 1, 2005.

Premier Wen Jiabao

January 10, 2005

Regulations on Letters and Visits

(Adopted at the 76th Executive Meeting of the State Council on January 5, 2005, promulgated by Decree No. 431 of the State Council of the People's Republic of China on January 10, and effective as of May 1, 2005)

Chapter I General Provisions

Article 1 These Regulations are formulated for the purposes of enhancing relations between the people's governments at all levels and the people, protecting the lawful rights and interests of letter-writers and visitors, and maintaining a good order in letter-writing and visiting.

Article 2 The term "letters and visits" in these Regulations means that citizens, legal persons or other organizations give information, make comments or suggestions or lodge complaints to the people's governments at all levels and the relevant departments of the people's governments at or above the county level through correspondence, E-mails, faxes, phone calls, visits, and so on, which are dealt with by the relevant administrative departments according to law.

A citizen, legal person or any other organization that gives information, makes comments or suggestions or lodges complaints by such means as prescribed in the preceding paragraph is defined as a letter-writer or visitor.

Article 3 The people's governments at all levels and the relevant departments of the people's governments at or above the county level shall effectively handle letters and visits by conscientiously dealing with letters, receiving visitors, heeding people's comments, suggestions and complaints and accepting their supervision, so that the people's interests are best served.

The people's governments at all levels and the relevant departments of the people's governments at or above the county level shall keep free-flowing channels for letter-writers and visitors and provide convenience for the letter-writers or visitors who give information, make comments or suggestions, or lodge complaints by such means as prescribed in these Regulations.

No organization or individual may retaliate against letter-writers or visitors.

Article 4 The work regarding letters and visits shall be done under the leadership of the people's governments at all levels and in adherence to the principles of territorial jurisdiction, responsibilities assumed at different levels, the department in charge being the department responsible and combination of the need to solve problems lawfully, timely and locally with persuasion.

Article 5 The people's governments at all levels and the relevant departments of the people's governments at or above the county level shall make policy decisions in a scientific and democratic manner, perform their duties according to law and prevent contradictions and disputes at source from leading to letters and visits.

Any people's government at or above the county level shall establish a work pattern for letters and visits characterized by unified leadership, coordination among different departments, overall planning and all-round consideration, seeking both temporary and permanent solution, each assuming its own responsibilities and joining efforts with others for the common goal, and it shall resolve contradictions and disputes in a timely manner by holding joint meetings and setting up a mechanism for making investigation and coordination and handling letters and visits and a working system of supervision in this respect.

Responsible persons of the people's governments at all levels and the relevant departments of the people's governments at or above the county level shall read letters for important issues and give written instructions on them, receive visitors for important issues, listen to reports on the work regarding letters and visits, and study and solve overriding problems in such work.

Article 6 Any people's government at or above the county level shall set up a department for letters and visits. The relevant department of the people's government at or above the county level and the people's government of the town or township shall, according to the principles of facilitating work and creating convenience for letter-writers and visitors, respectively assign a unit responsible for the work regarding letters and visits (hereinafter referred to as the unit for letters and visits) or individuals the specific reasonability for work in this field.

The department for letters and visits of the people's government at or above the county level is the administrative department of the people's government at the corresponding level which is responsible for the work regarding letters and visits and performs the following duties:

(1) to accept the letter-or-visit matter presented by a letter-writer or visitor, transmit it to another organ, or assign another organ to handle it;

(2) to handle the letter-or-visit matter handed over by the people's government at a higher level or at the corresponding level;

(3) to coordinate efforts in handling important letter-or-visit matters;

(4) to urge and examine the handling of letter-or-visit matters;

(5) to study and analyze both letters and visits, conduct investigation and study and, in a timely manner, make suggestions on improving policies and work to the people's government at the corresponding level; and

(6) to provide guidance to other relevant departments of the people's government at the corresponding level and the departments or units for letters and visits of the people's governments at lower levels in their work regarding letters and visits.

Article 7 The people's governments at all levels shall establish and improve the responsibility system for letters and visits, and shall, in strict accordance with the provisions of the relevant laws, administrative regulations and these Regulations, investigate the individuals who are responsible for malfeasance or dereliction of duty committed in the work regarding letters and visits and circulate a notice of the matter within an appropriate scope.

The people's governments at all levels shall incorporate the achievements scored in the work regarding letters and visits into the performance assessment of public servants.

Article 8 The relevant administrative organ or unit shall give rewards to the letter-writer or visitor who, by giving information or presenting comments or suggestions in its letter or visit, has made contributions to the national economic and social development, and to the improvement of the work of State organs and the protection of public interests.

The relevant administrative organ shall give rewards to the unit or individual that has scored outstanding achievements in the work regarding letters and visits.

Chapter II Channels for Letters and Visits

Article 9 The people's governments at all levels and the relevant departments of the people's governments at or above the county level shall make known to the public such matters as the correspondence and E-mail addresses, telephone numbers for complaints, time and places for receiving letters and visitors, methods of inquiring about the progress and results of the letter-or-visit matters handled.

The people's governments at all levels and the relevant departments of the people's governments at or above the county level shall, at the places for receiving letters and visitors or at the websites, make known to the public the laws, regulations and rules, the procedures for handling letter-or-visit matters and other matters concerning provision of convenience to letter-writers and visitors.

Article 10 The people's governments at the level of a city divided into districts and those at the county level and their relevant departments and the people's governments of towns or townships shall establish the system of reception day on which the responsible persons of administrative organs read letters and receive visitors, and coordinate efforts in handling letter-or-visit matters. Letter-writers and visitors can report letter-or-visit matters face to face to the responsible persons of the administrative organs at the publicized reception place on the publicized reception day.

Responsible persons of the people's government at or above the county level and of the relevant departments of the said government or the individuals designated by them may go to the places where the letter-writers or visitors live to talk to them face to face and exchange views with them with regard to the overriding problems they have reported.

Article 11 The department for letters and visits of the State shall, by making full use of the existing network resources for governmental affairs information, establish a national information system for letters and visits, in order to provide convenience for letter-writers and visitors to present letter-or-visit matters and inquire about the handling of the letters and visits locally.

The local people's government at or above the county level shall, by making full use of the existing network resources for governmental affairs information, establish or designate the information system for letters and visits within its administrative areas and connect its information system for letters and visits with those of the people's governments at higher levels, their relevant departments and the people's governments at lower levels.

Article 12 The department for letters and visits or any other relevant departments of the people's government at or above the county level shall, in a timely manner, input the complaint lodged by a letter-writer or visitor into the information system for letters and visits. The letter-writer or visitor may, on the strength of the complaint acceptance certificate issued by the administrative organ, go to the department for letters and visits or the reception place of the relevant department of the local people's government to inquire about the handling of the complaint. The specific measures and procedures therefor shall respectively be formulated by the people's government of a province, autonomous region or municipality directly under the Central Government.

Article 13 In light of the actual needs in the work regarding letters and visits, the people's governments at the level of a city divided into districts and those at the county level may establish a working mechanism in which the government plays the leading role and all sectors of society take part and which facilitates rapid settlement of disputes.

The departments and units for letters and visits shall organize the relevant public organizations, legal aid agencies, professionals, volunteers and others to joint efforts in handling complaints lodged by letter-writers and visitors in a lawful, timely and reasonable way through advice, education, consultation, mediation, hearing, or by other means.

Chapter III Presenting Letter-or-visit Matters

Article 14 Where a letter-writer or visitor gives information or makes comments or suggestions on the performance of duties by the following organizations or individuals, or is not satisfied with the performance of duties by the following organizations or individuals, it may present letter-or-visit matters to the relevant administrative organs:

(1) administrative organs or their staff members;

(2) organizations that are authorized by laws or regulations to perform the functions of administration of public affairs, or their staff members;

(3) enterprises or institutions providing public service, or their staff members;

(4) individuals in public organizations or other enterprises or institutions who are appointed or dispatched by administrative organs of the State; and

(5) villagers' committees, residents' committees or their members.

With regard to the complaints that shall be handled according to law through litigation, arbitration, administrative reconsideration or other statutory means, the letter-writer or visitor shall present them to the relevant organs according to the procedures as provided for by the relevant laws and administrative regulations.

Article 15 With regard to a letter-or-visit matter that falls within the scope of the functions and powers of the people's congresses at all levels, the standing committee of the people's congress at or above the county level, the people's court or the people's procuratorate, the letter-writer or visitor shall present it to the people's congress, its standing committee, people's court or people's procuratorate respectively and abide by the provisions of Articles 16, 17, 18, 19 and 20 of these Regulations.

Article 16 Where a letter-writer or visitor intends to present a letter-or-visit matter through visit, it shall present the letter-or-visit matter to the organ at the corresponding level or the next higher level that, according to law, has the power to handle the letter-or-visit matter. If a letter-or-visit matter has been accepted or is in the process of being handled and the letter-writer or visitor, before the expiration of the time limit, presents the same letter-or-visit matter to the organ at the higher level of the organ that has accepted and is handling the letter-or-visit matter, the former shall not accept the letter-or-visit matter.

Article 17 A letter-writer or visitor shall, in general, present a letter-or-visit matter through correspondence, E-mail, fax or any other written form. Where it lodges a complaint, it shall, in addition, state clearly its name (title), address, requests, the facts and reasons.

With regard to the oral presentation of a complaint, the relevant organ shall record the name (title) and address of the letter-writer or visitor, its requests, the facts and reasons.

Article 18 Where a letter-writer or visitor who intends to present a letter-or-visit matter through visit, it shall go to the reception place established or designated by the organ concerned.

Where two or more letter-writers or visitors intend to present the same letter-or-visit matter through visit, they shall choose representatives, and the number of representatives shall not exceed five.

Article 19 A letter-writer or visitor shall be objective in presenting letter-or-visit matters, the letter-or-visit matters presented shall be true to facts, and it shall be responsible for the truthfulness of the contents of the materials it provides. It shall not make up stories, distort facts, frame or bring a false charge against others.

Article 20 Letter-writers and visitors shall, in the course of writing letters or making visits, abide by laws and regulations, shall not harm the interests of the State, society or the collective or infringe upon the lawful rights of other citizens, shall conscientiously maintain public order and the order in handling letters and visits, and shall not commit any of the following acts:

(1) illegally assembling around offices of State organs or public places, encircling and attacking State organs, intercepting official vehicles, or jamming and obstructing traffic;

(2) carrying dangerous articles or tools under control;

(3) humiliating, beating up or threatening functionaries of State organs or illegally restricting other people's freedom of the individual;

(4) staying and making trouble at the reception places for letters and visits, or leaving the individuals who are unable to look after themselves at such places;

(5) inciting, colluding with, coercing or enticing with money or things of value others to write letters or make visits, or manipulating from behind the scenes others into doing so, or taking advantage of letters and visits to accumulate wealth; or

(6) committing other acts that disrupt public order or impair national or public security.

Chapter IV Accepting Letter-or-visit Matters

Article 21 The department for letters and visits of the people's government at or above the county level shall, upon receiving a letter or visit, register the letter-or-visit matter presented and handle it on the merits of each case within 15 days in the following ways:

(1) With regard to a letter-or-visit matter specified in Article 15 of these Regulations, notify the letter-writer or visitor that it presents such matter to the people's congresses or its standing committee, people's court or people's procuratorate respectively; and reject the matter which has been or shall be handled according to law through litigation, arbitration, administrative reconsideration or any other statutory means, while notifying the letter-writer or visitor that it presents the matter to the organ concerned according to the procedures as provided for by the relevant laws or administrative regulations.

(2) With regard to a letter-or-visit matter which shall be handled and decided on by the people's government at the corresponding level or the department thereof according to their statutory functions and duties, transfer such matter to the administrative organ which has the power to handle it; or make timely suggestions and submit such matter to the people's government at the corresponding level for decision in case of any important or urgent matter.

(3) With regard to a letter-or-visit matter which involves an administrative organ at a lower level or its staff members, directly transfer such matter to the administrative organ which has the power to handle it according to the principles of territorial jurisdiction, responsibilities assumed at different levels, and the department in charge being the department responsible, and send a copy of the matter to the department or unit for letters and visits of the people's government at the next lower level.

The department for letters and visits of the people's government at or above the county level shall notify such department or unit of the people's government at the next lower level of the matter transferred regularly, and the department or unit for letters and visits of the people's government at a lower level shall report to such department of the people's government at the next higher level about the handling of the transferred matter regularly.

(4) With regard to any important matter among the letter-or-visit matters transferred and feedback on the results of the handling of which is required, send it directly to the administrative organ which has the power to handle it, and ask the organ to feed back the results within the designated time limit for handling it and submit reports on the results of the handling.

Within 15 days from the date the letter-or-visit matter is transferred or assigned thereto according to the provisions of Items (2) to (4) of the preceding paragraph, the administrative organ concerned shall decide whether to accept the matter and notify the letter-writer or visitor of the decision in writing, and inform the department or unit for letters and visits of its decision as required.

Article 22 With regard to a letter-or-visit matter which is directly presented to the administrative organ other than the departments or unit for letters and visits of the people's governments at different levels by a letter-writer or visitor according to the provisions of these Regulations, the administrative organ concerned shall register such matter. A letter-or-visit matter that conforms to the provisions of the first paragraph of Article 14 of these Regulations and falls within the scope of the statutory functions and powers of the said organ shall be accepted by it; and it shall not shift the responsibility onto other organs, take a perfunctory attitude or delay handling the matter. If a letter-or-visit matter does not fall within the scope of the functions and powers of the said organ, it shall notify the letter-writer or visitor that it presents the matter to the organ which has the power to handle the matter.

Where, upon receiving a letter-or-visit matter, the administrative organ concerned can, on the spot, decide whether to accept it, the said organ shall do so in writing. If such decision can not be made on the spot, the said organ shall, within 15 days from the date of receipt of the matter, notify the letter-writer or visitor in writing, unless the name (title) or address of the letter-writer or visitor is unclear.

Relevant administrative organs shall notify each other of the letter-or-visit matters they have accepted.

Article 23 The administrative organ and its staff members shall not divulge or transmit the materials of accusation or exposure or the relevant information provided by a letter-writer or visitor to the individual or department accused or exposed.

Article 24 Where a letter-or-visit matter involves two or more administrative organs, it shall be handled by them through consultation. If disagreement arises in handling of the matter, their common administrative organ at the next higher level shall decide on which organ handles the matter.

Article 25 Where an administrative organ is split up, merges with another or is dissolved, the letter-or-visit matters on which it shall make a decision shall be handled by the administrative organ which continues to perform its functions and powers. If the functions and duties are unclear, the people's government at the corresponding level or the organ designated by such government shall handle the matter.

Article 26 When a citizen, legal person or any other organization discovers an important or urgent letter-or-visit matter or information which may exert an influence on society, it may report the matter to the relevant administrative organ nearby. After receiving such report, the local people's governments at different levels shall immediately report to the people's government at the next higher level and, if necessary, circulate a notice of such matter among the competent departments. After receiving the report, the relevant department 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 to the competent department at the next higher level and, if necessary, circulate a notice of such matter among the competent departments. After receiving the report, the relevant department of the State Council shall immediately report to the State Council and, if necessary, circulate a notice among the competent departments.

The administrative organ shall not conceal, give a false report about or delay reporting any important or urgent letter-or-visit matter and information or incite others to do so.

Article 27 With regard to important or urgent letter-or-visit matters and information which may exert an influence on society, the administrative organ concerned shall, within the scope of its functions and duties and according to law, take timely measures to prevent the occurrence and extension of adverse influence.

Chapter V Handling, and Supervising and Urging the Handling of Letter-or-visit Matters

Article 28 In handling the letter-or-visit matters presented by a letter-writer or visitor, the administrative organ and its staff members shall perform their duties whole-heartedly, handle the matters impartially, ascertain the facts, clearly distinguish the responsibilities, publicize the legal system, conduct persuasion and handle the matter properly in a timely manner, and they shall not shift the responsibility onto others, take a perfunctory attitude or delay handling the matters.

Article 29 Where the information given by a letter-writer or visitor or the comments or suggestions made thereby are beneficial to improvement of the work of the administrative organ and to promotion of national economic and social development, the relevant administrative organ shall conscientiously study, evaluate and unhesitatingly accept them.

Article 30 The staff member of an administrative organ who has a direct interest in the letter-or-visit matter presented by a letter-writer or visitor or with the letter-writer or visitor shall recuse himself.

Article 31 In handling the letter-or-visit matter presented by a letter-writer or visitor, the administrative organ which has the power to handle such matter shall heed the facts and reasons stated by the letter-writer or visitor. When necessary, it may ask the letter-writer or visitor, or the organization or individual concerned to give an explanation; and where further verification is needed, it may conduct investigation among other organizations or individuals.

A hearing may be held for important, complicated or difficult letter-or-visit matters, and the hearing shall be open to the public to ascertain the facts and clearly distinguish the responsibilities through inquiry, debate, appraisal or judgment by a collegiate group. The people's government of a province, autonomous region, or municipality directly under the Central Government shall respectively prescribe the scope of hearings, presiding officer, participants, procedures and other things.

Article 32 Through investigation and verification, the administrative organ which has the power to handle the letter-or-visit matter presented by a letter-writer or visitor shall make the following decisions according to the relevant laws, regulations, rules and other provisions and give a written reply to the letter-writer or visitor:

(1) to support the request if it is based on clear facts and conforms to laws, regulations, rules and other provisions;

(2) to make an ample explanation to the letter-writer or visitor if the request is reasonable but lacks legal basis; or

(3) not to support the request if it is not based on facts or does not conform to laws, regulations, rules or other provisions.

Where the administrative organ which has the power to handle the matter decides to support the request according to the provisions of Item (1) of the preceding paragraph, it shall urge the relevant organs or units to execute its decision.

Article 33 The matter presented by a letter-writer or visitor shall be handled within 60 days from the date it is accepted. If the matter is complicated, the time limit for handling it may be extended appropriately upon the approval by the responsible person of the administrative organ concerned, but the period extended shall not exceed 30 days, and the letter-writer or visitor shall be notified of the reasons for such extension. Where laws or administrative regulations provide otherwise, the provisions therein shall prevail.

Article 34 Where a letter-writer or visitor is not satisfied with the decision made by an administrative organ on the handling of the letter-or-visit matter, it may, within 30 days from the date of receipt of the written reply, request the administrative organ at the next higher level of the original administrative organ that has handled the matter to reexamine the matter. The administrative organ which has received the request for reexamination shall, within 30 days from the date of receipt of the request, make a decision after reexamination and give a written reply.

Article 35 Where a letter-writer or visitor is not satisfied with the decision made after reexamination, it may, within 30 days from the date of receipt of the written reply, request for review from the administrative organ at the next higher level of the reexamination organ. The administrative organ which has received the request for review shall, within 30 days from the date of receipt of the request, make a decision after review.

The review organ may, according to the second paragraph of Article 31 of these Regulations, hold a hearing, and the review decision made through hearing may be made known to the public according to law. The time needed for hearing shall not be calculated in the time limit prescribed in the preceding paragraph.

Where the letter-writer or visitor is not satisfied with the review decision and continues to lodge a complaint on the basis of the same facts and reasons, the departments or units for letters and visits of the people's governments at all levels and other administrative organs shall no longer accept the compliant.

Article 36 Where the department for letters and visits of the people's government at or above the county level finds that a relevant administrative organ comes under any of the following circumstances, it shall, without delay, urge such organ to handle the matter concerned and suggest that the said organ make improvement,:

(1) without justifiable reasons, failing to handle the letter-or-visit matter within the prescribed time limit;

(2) failing to give feedback on the results of the handling of the letter-or-visit matter as required;

(3) failing to handle the letter-or-visit matter according to the prescribed procedures;

(4) shifting the responsibility for handling the matter onto other departments, taking a perfunctory attitude, or delaying handling the letter-or-visit matter;

(5) failing to execute the decision on the matter; or

(6) needing urging for other reasons.

Upon receiving the suggestions for improvements, the administrative organ shall, within 30 days, give a feedback in writing on the improvements it has made. If the organ refuses to accept the suggestions, it shall explain the reasons.

Article 37 With regard to any policy problem raised by a letter-writer or visitor, the department for letters and visits of the people's government at or above the county level shall report it to the people's government at the corresponding level in a timely manner and make suggestions as to how to improve the policy and solve the problem.

Article 38 With regard to the staff members of an administrative organ who, in the work regarding letters and visits, cause serious consequences by shifting their responsibilities onto others, taking a perfunctory attitude, delaying handling of matters or practicing fraud, the department for letters and visits of the people's government at or above the county level may make suggestions to the administrative organ concerned to give them administrative sanctions.

Article 39 The department for letters and visits of the people's government at or above the county level shall, regularly, submit analytical reports on letters and visits to the people's government at the corresponding level with regard to the following matters:

(1) statistical data on the letter-or-visit matters accepted, the areas covered by the letter-or-visit matters, and the organs against which a relatively larger number of complaints are lodged;

(2) information about the matters which are transferred for handling or the handling of which is urged, and the suggestions about improvement accepted by different departments; and

(3) the policy suggestions made and accepted.

Chapter VI Legal Liability

Article 40 Where one of the following circumstances leads to the presentation of a letter-or-visit matter, which causes serious consequences, the individual directly in charge and the other individuals directly responsible therefor shall be given an administrative sanction according to the provisions of the relevant laws or administrative regulations; if the act constitutes a crime, they shall be investigated for criminal liability according to law:

(1) The lawful rights and interests of a letter-writer or visitor are infringed upon due to overstepping or abuse of power;

(2) An administrative organ infringes upon the lawful rights and interests of a letter-writer or visitor by doing nothing about what it shall do;

(3) The lawful rights and interests of a letter-writer or visitor is infringed upon due to incorrect application of laws or regulations or violation of statutory procedures; or

(4) The execution of the decision in support of the request of a letter-writer or visitor made by the administrative organ which has the power to handle the matter presented is refused.

Article 41 Where the department for letters and visits of the people's government at or above the county level fails to register the letter-or-visit matter, transfer the matter to another organ or assign another organ to handle the matter as required by regulations, or fails to perform the duties of supervising and urging the handling of the matter as it shall have done, the administrative organ at higher levels shall order it to make corrections; if serious consequences are caused, the individual directly in charge and the other individuals directly responsible therefor shall be given an administrative sanction according to law.

Article 42 Where the administrative organ responsible for accepting letter-or-visit matters, in violation of the provisions of these Regulations, comes under any of the following circumstances in accepting a letter-or-visit matter, the administrative organ at a higher level shall order it to make corrections; if serious consequences are caused, the individual directly in charge and the other individuals directly responsible therefor shall be given an administrative sanction according to law:

(1) failing to register the letter-or-visit matter it has received, as is required by regulations;

(2) refusing to accept the letter-or-visit matter which falls within the scope of its statutory functions and powers; or

(3) failing to inform in writing within the specified time limit the letter-writer or visitor of whether the letter-or-visit matter is accepted.

Article 43 Where the administrative organ which has the power to handle letter-or-visit matters, in violation of the provisions of these Regulations, commits any of the following acts in handling a letter-or-visit matter, the administrative organ at a higher level shall order it to make corrections; if serious consequences are caused, the individual directly in charge and the other individuals directly responsible therefor shall be given an administrative sanction according to law:

(1) shifting the responsibility onto another organ, taking a perfunctory attitude, or delaying handling the letter-or-visit matter, or failing to wind up the handling of the letter-or-visit matter within the statutory time limit; or

(2) failing to support the request which is based on clear facts and conforms to relevant laws, regulations, rules and other provisions.

Article 44 Where the staff member of an administrative organ, in violation of the provisions of these Regulations, divulges or transmits the materials of accusation or exposure and relevant information provided by a letter-writer or visitor to the individual or unit accused or exposed, he shall be given an administrative sanction according to law.

Where the staff member of an administrative organ, in handling a letter-or-visit matter , is rude in his style of work, thus intensifying contradictions and causing serious consequences, he shall be given an administrative sanction according to law.

Article 45 Where an administrative organ and its staff members, in violation of the provisions of Article 26 of these Regulations, conceal, make a false report of or delay reporting the important or urgent letter-or-visit matters or informatinn which may exert an influence on society, or incite another individual to do so, thus causing serious consequences, the individual directly in charge and the other individuals directly responsible therefor shall be given an administrative sanction according to law; if the act constitutes a crime, they shall be investigated for criminal liability according to law.

Article 46 Whoever retaliates against a letter-writer or visitor, thus constituting a crime, shall be investigated for criminal liability according to law; if the act is not serious enough to constitute a crime, he shall be given an administrative or disciplinary sanction according to law.

Article 47 Where a letter-writer or visitor violates the provisions of Article 18 or 20 of these Regulations, the staff member of the State organ concerned shall dissuade, criticize or educate him.

If such dissuasion, criticism or education fails, the public security organ shall warn or admonish the letter-writer or visitor or stop its act. If the letter-writer or visitor violates the laws or administrative regulations on assemblies, processions and demonstrations or if its act constitutes a violation of public security administration, the public security organ shall, according to law, take necessary measures to deal with the case on the spot and impose thereupon an administrative penalty for public security. If the act constitutes a crime, it shall be investigated for criminal liability according to law.

Article 48 Where a letter-writer or visitor makes up a story or distorts facts in an attempt to frame or bring a false charge against another individual, which constitutes a crime, he shall be investigated for criminal liability according to law. If the act is not serious enough to constitute a crime, the public security organ shall impose thereupon an administrative penalty for public security according to law.

Chapter VII Supplementary Provisions

Article 49 Social organizations, enterprises and institutions shall handle letters and visits with reference to these Regulations.

Article 50 The letter-or-visit matters presented by foreigners, stateless individuals or foreign organizations shall be handled with reference to these Regulations.

Article 51 These Regulations shall be effective as of May 1, 2005. The Regulations on Letters and Calls promulgated by the State Council on October 28, 1995 shall be repealed simultaneously.


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国务院办公厅关于进一步做好农业标准化工作的通知

国务院办公厅


国务院办公厅关于进一步做好农业标准化工作的通知


各省、自治区、直辖市人民政府,国务院各部委、各直属机构:

  农业标准化是促进农业结构调整和产业化发展的重要技术基础,是规范农业生产、保障消费安全、促进农业经济发展的有效措施,是现代化农业的重要标志。长期以来,我国农业标准化工作比较薄弱,缺乏统一的标准体系和建设规划,标准水平低,与国际标准存在较大差距。为了进一步做好农业标准化工作,适应我国农业和农村经济面临的新形势,促进实现农业现代化,不断增加农民收入,经国务院批准,现就有关问题通知如下:

  一、农业标准化工作的指导思想、工作方针和主要目标

  农业标准化工作的指导思想是:以邓小平理论和“三个代表”重要思想为指导,深入贯彻党的十六大精神,以市场为导向,围绕农业结构战略性调整和产业化发展,以提高我国农产品质量和市场竞争力为重点,建立健全统一权威的农业标准体系,加强农业标准化工作,促进农业增效、农民增收和农村经济全面发展。

  农业标准化的工作方针是:政府大力推动、市场正确引导、龙头企业带动、农民积极实施。

  近三年内农业标准化工作的主要目标是:(一)建立结构合理的农业标准体系。制(修)订农业标准10000项,其中国家标准、行业标准2880项,采标率(采用国际标准和国外先进标准的比例)达到50%。(二)加强农业标准化示范区建设。农业标准化示范区累计达到6000个,其中国家级示范区累计达到2000个。(三)强化流通领域标准化管理。培育2000个实行标准化、规范化管理的农产品批发市场,销售的农产品的质量安全达标率达到95%以上。(四)推进优势农产品区域化种植(养殖)的标准化生产。优势农产品标准化生产覆盖率达到80%。(五)培养一支具备专业技术和标准化知识的农业标准推广队伍(80000人),建立农业标准化信息服务体系。

  二、农业标准化工作的主要任务

  (一)加快制订和清理农业标准。要按照党中央、国务院关于建立健全统一权威的农业标准体系的要求,根据《全国农业标准2003—2005年发展计划》,加快农业标准制订进度,加大农业标准清理力度,抓紧与国际标准接轨,尽快解决农业标准水平低、标龄过长,国家标准、行业标准重复交叉,以及农产品质量安全标准与国际标准差距大等突出问题。要创新农业标准制(修)订工作机制,建立国家标准、行业标准、地方标准从立项、起草、审查、批准到发布都公开透明的管理模式。

  (二)强化重点领域标准的实施与监督。围绕治理农产品污染,确保消费者健康和安全,建立产地农产品质量监测体系,抓好产地环境质量标准、生产操作规范的实施;强化对农药、兽药残留限量等农产品质量安全标准的实施;严格按标准对农业投入品和农产品进行检验;严格加工全过程质量安全标准与实施监控;健全农产品质量安全例行监测制度,切实加强农产品市场准入标准的实施。加大优势农产品、优质专用农产品等相关标准的实施,抓好与退耕还林还草、改善生态环境、水利设施建设等措施配套标准的实施,促进农业优质高效和可持续发展。

  (三)全面推行标准化管理。各地在农业产业化发展规划中要明确提出农业标准化工作的要求,充分发挥多元化、多层次组织的作用,积极探索标准化为农业产业化生产、经营服务的途径,把农业生产的全过程纳入标准化管理的轨道,以标准化促进产业化,推动农产品生产上规模、质量上档次、管理上水平,带动区域经济的发展。

  (四)积极采用国际标准和国外先进标准。要结合我国实际,按照“借鉴、结合、创新、发展”的原则,运用风险评估理论,加快农产品安全卫生限量指标、检验方法及动植物防疫措施等标准的采标。同时,要建立并完善疫病疫情和农产品、食品安全预警通报机制,对进出口农产品实施严格检验检疫。农产品出口基地(企业)要率先采用国际标准和国外先进标准,实行全过程标准化管理,满足产品出口要求。

  (五)加强农产品流通领域的标准化工作。要进一步完善农产品流通领域的标准体系和监测体系,实行收购、储存、加工、运输、销售等全过程质量安全控制,大力推进农产品质量安全、质量等级、计量、包装标识等标准的实施,满足新形势下农产品流通领域的需要。要积极探索开展农产品批发市场的标准化工作,用标准化规范农产品批发市场、培育和发展农产品零售市场。

  (六)有效防范外来有害生物入侵。各级质检、农业、林业和环保等部门要进一步研究如何通过制(修)订相关标准和技术规程提高检验检疫水平,严把入境关口,加强对我国境内有害生物的检疫、监测、防治和封控工作,最大程度地减少外来有害生物入侵,有效控制有害生物的扩散蔓延,保障我国农业生产和生态安全。

  三、采取有效措施,全面推进农业标准化工作

  (一)加强对农业标准化工作的领导。地方各级人民政府和有关部门要把农业标准化工作摆到重要议事日程,进一步统一思想,做到认识到位、领导到位、经费到位、措施到位、制订规划,组织实施,督促检查,狠抓落实。要建立有效的激励机制,对在开展农业标准化工作中取得显著成绩的单位和个人给予表彰奖励,引导企业和农民自觉应用农业标准。

  (二)加强统一管理和综合协调工作。推进农业标准化是一项系统工程,要建立国家标准委统一管理、部门分工负责的工作机制。国家标准委要按照国家标准“统一计划、统一审查、统一编号、统一批准和发布”的要求,加强对农业标准化工作的统一协调管理;农业部要发挥农业标准化工作的主力军作用,加大工作力度;各有关部门要按照国家有关法律法规规定,认真履行职责,通力协作,各司其职,共同推进农业标准化。各地要依据国家标准、行业标准的发展计划,制订本地区农业标准化的发展规划;但在严格标准要求的同时,要防止借机搞农产品地方保护,阻碍农产品的自由流动和充分竞争。

  (三)增加农业标准化经费投入。各地和有关部门要大力支持农业标准化工作,切实解决农业标准化工作经费不足的问题。坚持政府推动与市场运作相结合,逐步建立政府投入为导向、企业投入为主体、社会投入为补充的多元化投入机制和多渠道投资的格局。

  (四)加强农业标准化技术推广队伍建设。采取集中与分散相结合的方法,分层次对基层技术推广人员、标准化技术和管理人员开展标准化教育培训。提高技术推广人员的工作水平,尽快培养一批既有标准化知识,又懂专业技术的推广队伍。特别要从农民中培养农业标准化工作的积极分子和带头人,普及标准化知识,以适应农业发展的需求。

  (五)夯实农业标准化工作的基础。要重视农业标准信息资源的收集、整理、加工和整合,建立统一权威的农业标准数据库,增强信息的准确性和时效性,构建及时、准确、高效、权威、便捷的农业标准化信息平台。要加快国家农业技术标准体系研究和农业标准发展战略研究,尽快提出我国农业标准体系如何符合国际通行做法,如何应对国外技术性贸易壁垒的措施。要加大农业标准的前期研究,尤其是组织开展对农业标准化示范理论和技术途径的研究,不断提高农业标准化工作水平。

  (六)广泛开展农业标准化宣传与培训。要充分利用各种新闻媒介,大力宣传农业标准化工作的重要意义,普及标准化知识,增强生产者、经营者、管理者和消费者的标准化意识。利用质量技术监督、农业等科研院所的技术力量组织标准化培训,开展重要标准的宣传贯彻,提高企业、农户的标准化水平。培育和发展农业标准化中介服务机构,引导各级各类标准化组织积极开展农业标准化咨询服务,扩大服务咨询覆盖面。

  (七)加强农业标准化示范工作。广泛开展农业标准化示范区建设,积极推广“选好一个项目,建立一个体系(标准体系),形成一个龙头,创立一个品牌,带动一个产业,致富一方百姓”的做法和经验。各地要在做好示范区验收工作的基础上,逐步开展农业标准化示范区项目评价,提高名牌意识,探索培育“标准化农产品”品牌的途径。要推广以标准规范的“公司+农户+基地”等生产经营模式,充分发挥龙头企业在农业标准化工作中的带头作用和辐射效应。农业技术推广部门要把实施标准化列入技术推广工作计划,发动基层技术人员积极参与标准化推广实施工作,拓宽示范领域,建立形式多样、富有实效的农业标准化示范推广体系。



中华人民共和国国务院办公厅
二○○三年十二月八日

关于发布《工程建设标准强制性条文》(民航机场工程部分)的通知

建设部


关于发布《工程建设标准强制性条文》(民航机场工程部分)的通知



建标[2000]243号

国务院各有关部门,各省、自治区、直辖市建设厅(建委),各计划单列市建委,新疆生产建设兵团:

  根据国务院《建设工程质量管理条例》和我部建标[2000]31号文要求,我们会同有关部门共同编制了《工程建设标准强制性条文》(以下简称《强制性条文》)。《强制性条文》包括城乡规划、城市建设、房屋建筑、工业建筑、水利工程、电力工程、信息工程、水运工程、公路工程、铁道工程、石油和化工建设工程、矿山工程、人防工程、广播电影电视工程和民航机场工程等部分。

  《强制性条文》是现行工程建设国家标准和行业标准中直接涉及人民生命财产安全、人身健康、环境保护和其他公众利益的内容,同时考虑了提高经济效益和社会效益等方面的要求。列入《强制性条文》的所有条文都必须严格执行。《强制性条文》是参与建设活动各方执行工程建设强制性标准和政府对执行情况实施监督的依据。

  今后新批准发布的工程建设标准,凡有强制性条文的,均在文本中明确表示,并编入《工程建设标准强制性条文》。

  《工程建设标准强制性条文》(民航机场工程部分)已经中国民用航空总局组织审查,现批准实施,自发布之日起施行。

  《工程建设标准强制性条文》(民航机场工程部分)由中国民用航空总局负责具体管理、解释和发行。

中华人民共和国建设部
二○○○年十月三十日