Regulations of Beijing Municipality on Letters and Visits

 2018-05-31  57


Regulations of Beijing Municipality on Letters and Visits


· Document Number:Announcement No. 47 of the Standing Committee of the People's Congress of Beijing Municipality

· Area of Law: Government Affairs

· Level of Authority: Provincial Local Regulations

· Date issued:09-15-2006

· Effective Date:01-01-2007

· Status: Effective

· Issuing Authority: Beijing Municipal People's Congress (incl. Standing Committee)

 

Announcement of the Standing Committee of the People's Congress of Beijing Municipality
(No. 47)
The Regulations of Beijing Municipality on Letters and Visits, revised at the 30th Meeting of the Standing Committee of the 12th People's Congress of Beijing Municipality on September 15, 2006, is hereby promulgated and shall come into effect on January 1, 2007.
Standing Committee of the 12th Municipal People's Congress of Beijing
September 15, 2006
Regulations of Beijing Municipality on Letters and Visits 
CONTENTS
CHAPTER I GENERAL PROVISIONS 
CHAPTER II RIGHTS AND OBLIGATIONS OF LETTER-WRITERS AND VISITORS 
CHAPTER III DEPARTMENTS FOR LETTERS AND VISITS AND STAFF MEMBERS FOR LETTERS AND VISITS 
CHAPTER IV PRESENTATION OF LETTER-OR-VISIT REQUESTS 
CHAPTER V ACCEPTING AND HANDLING OF LETTER-OR-VISIT MATTERS BY PEOPLE'S CONGRESSES AND THEIR STANDING COMMITTEES 
CHAPTER VI ACCEPTING AND HANDLING OF LETTER-OR-VISIT MATTERS BY PEOPLE'S GOVERNMENTS AND THEIR DEPARTMENTS 
SECTION 1 ACCEPTING AND HANDLING 
SECTION 2 REEXAMINATION, REVIEW, AND SUPERVISION OVER HANDLING 
CHAPTER VII ACCEPTING AND HANDLING OF LETTER-OR-VISIT MATTERS BY PEOPLE'S COURTS AND PEOPLE'S PROCURATORATES 
CHAPTER VIII ORDER OF LETTER-WRITING AND VISITING 
CHAPTER IX LEGAL LIABILITY 
CHAPTER X SUPPLEMENTARY PROVISIONS 
CHAPTER I GENERAL PROVISIONS
Article 1 These Regulations are formulated in accordance with the Constitution of the People's Republic of China, the Regulations on Letters and Visits and other relevant laws and administrative regulations, by taking into account the particular situations of this Municipality, for the purposes of enhancing relations between State organs and the people, protecting the lawful rights and interests of letter-writers and visitors, standardizing the handling of letters and visits and the activities of letter-writing and visiting, ensuring that letter-writing and visiting activities are conducted according to law and in an orderly manner and promoting the building of a socialist harmonious society.
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 State organs of this Municipality through correspondence, E-mails, faxes, phone calls, visits, and so on, which are dealt with by the relevant State organs according to law.
The term “letter-writers and visitors” in these Regulations means the citizens, legal persons or other organizations who give information, make comments or suggestions, or lodge complaints by adopting the means as provided for in the preceding paragraph.
The term “letter-or-visit requests” means the information given, comments or suggestions made and complaints lodged by letter-writers and visitors to State organs of this Municipality.
The term “letter-or-visit matters” means the letter-or-visit requests accepted by State organs of this Municipality according to law.
The term “State organs” means the people's congresses and their standing committees, the people's governments and their departments, the people's courts and the people's procuratorates at all levels of this Municipality.
Article 3 These Regulations are applicable to the undertaking of letters and visits work by State organs of this Municipality and to the letter-writing and visiting activities of letter-writers and visitors.
Where any laws or administrative regulations provide otherwise on the handling of letter-or-visit requests by State organs, such laws or administrative regulations shall apply.
Article 4 State organs shall lay more stress on the letters and visits work by keeping free-flowing channels for letter-writers and visitors, conscientiously dealing with letters, receiving visitors, heeding people's comments, suggestions and complaints and accepting their supervision, so as to ensure that the letters and visits work is legally carried out in good order.
Article 5 The letters and visits work of this Municipality shall follow the following principles:
(1) being subject to territorial jurisdiction, responsibilities being assumed at different levels, the department in charge being the department responsible;
(2) combining the need to solve problems lawfully, timely and locally with persuasion;
(3) promoting cooperation among relevant State organs, gross-roots organizations, social organizations, enterprises and institutions; and
(4) creating convenience for letter-writers and visitors.
Article 6 The leadership accountability system shall be implemented by State organs in the letters and visits work.
With regard to the letters and visits work, the principal responsible person of a State organ shall take the overall responsibility, the competent responsible person shall take the competent responsibility, and other responsible persons shall take the responsibilities according to the division of their work.
Article 7 State organs shall bring the information collected through the channel of letter-writing and visiting into the decision evaluation system, make policy decisions in a scientific and democratic manner, perform their functions and duties according to law and prevent and resolve social contradictions and disputes at source from leading to letter-writing and visiting.
State organs shall establish and improve the coordination mechanism of social interests and deal with the problems raised by the masses in a lawful, timely and reasonable way through the comprehensive application of legal, administrative, economic and policy means and the methods of education, coordination and intermediation.
Article 8 State organs shall establish and improve the responsibility system for the letters and visits work and bring this work into the performance evaluation system of respective organs.
Article 9 This Municipality shall establish the system for investigation into, mediation, and disposition of contradictions and disputes. Any major social contradictions and disputes that are found in investigation and likely to affect social stability shall be resolved through persuasion, coordination, assignment for handling, supervision over the handling, suggestions for work or other manners.
When a State organ finds any major or emergency information about letter-writing or visiting, it shall report such information to the authority at a higher level according to the relevant provisions and promptly take measures within the scope of its functions and duties according to law.
Article 10 This Municipality shall establish the joint meeting system for the letters and visits work, whereby major, complicated and difficult letter-or-visit matters are studied and dealt with through consultation, coordination, supervision and check and other manners.
Article 11 State organs shall establish and improve the system for collection of people's suggestions. The relevant State organs shall commend and reward the letter-writers or visitors who, by presenting suggestions in their letters or visits, have made contributions to the national economic and social development or to the improvement of work and the protection of public interests.
Article 12 The principal responsible person of a social organization, enterprise or institution of this Municipality shall take the overall responsibility for the letters and visits work of its own unit.
A social organization, enterprise or institution of this Municipality shall pay equal attention to the interests of the unit, the interests of its employees and the public interests, investigate on its own initiative and properly deal with the contradictions and disputes leading to letter-or-visit matters within its own unit, actively assist State organs in brining success to the letters and visits work in which it is involved, so as to jointly maintain the social stability.
Article 13 State organs may engage lawyers, psychological consultants, experts in relevant fields and social volunteers to provide consultation service in law and other professional expertise for letter-writers and visitors and State organs.
Administrative departments of justice shall, in light of the needs of the letters and visits work, organize lawyers to provide letter-writers and visitors with legal consultation service in a variety of ways.
Article 14 The outlay needed for the letters and visits work of this Municipality shall be incorporated into the financial budgets of the people's governments concerned.
CHAPTER II RIGHTS AND OBLIGATIONS OF LETTER-WRITERS AND VISITORS
Article 15 Letter-writers and visitors who conduct letter-writing and visiting activities according to law are protected by law, and no organization or individual may suppress or retaliate against them.
Article 16 Letter-writers and visitors are entitled to enjoy the following rights according to law during their letter-writing and visiting activities:
(1) to understand the system for the letters and visits work and the procedures for dealing with letter-or-visit matters;
(2) to request the staff members for letters and visits to provide consultation service related to their letter-or-visit requests;
(3) to request the staff members for letters and visits who have direct interests to recuse;
(4) to inquire about the handling of their letter-or-visit matters at the handling organs;
(5) to request to maintain the confidentiality of their names and the matters involving private affairs; and
(6) other rights as provided for in laws, regulations and rules.
Article 17 Letter-writers and visitors shall perform the following obligations according to law during their letter-writing and visiting activities:
(1) to abide by laws and regulations, respect social morality, conscientiously maintain public order and the order in handling letters and visits, and not to harm the interests of the State, society or the collective or infringe upon the lawful rights of other citizens;
(2) to ensure the objectiveness and truthfulness of their letter-or-visit requests, and not to make up stories, distort facts, frame or bring a false charge against others;
(3) to conduct letter-writing and visiting activities by following the manners and procedures as provided for in laws and regulations;
(4) to implement decisions of disposition that conform to laws, regulations, rules and policies; and
(5) to perform other obligations as provided for in laws and regulations.
CHAPTER III DEPARTMENTS FOR LETTERS AND VISITS AND STAFF MEMBERS FOR LETTERS AND VISITS
Article 18 Standing committees of people's congresses at all levels shall set up departments for letters and visits which shall be equipped with full-time staff members.
People's governments at all levels and neighborhood offices shall set up departments for letters and visits which shall be equipped with full-time staff members for letters and visits. Departments of people's governments at all levels shall, according to needs, set up or designate departments responsible for the letters and visits work which shall be equipped with appropriate full-time or part-time staff members.
People's courts and people's procuratorates at all levels shall, according to needs, set up departments responsible for the letters and visits work which shall be equipped with appropriate staff members.
Article 19 A department for letters and visits shall perform the following functions and duties:
(1) to deal with letter-or-visit requests;
(2) to handle letter-or-visit matters;
(3) to coordinate, urge and examine the disposition of letter-or-visit requests and the putting into effect of the decisions on the handling of letter-or-visit matters and make suggestions on improving work and investigating and affixing responsibilities;
(4) to provide consultation service related to letter-or-visit requests submitted by letter-writers and visitors;
(5) to study and analyze the situation of letter-writing and visiting, conduct investigation and study and, in a timely manner, make suggestions to the relevant State organs on improving policies and work;
(6) to direct, urge and examine the letters and visits work undertaken by the State organs at a lower level, and summarize and exchange experience get in the letters and visits work;
(7) to publicize relevant laws, regulations and policies and guide letter-writers and visitors to conduct letter-writing and visiting activities according to law; and
(8) to perform other functions and duties that shall be performed according to law.
Article 20 A department for letters and visits shall, at the place for receiving letter-writers and visitors or its website or through other means, make the following matters known to the public:
(1) the mailing address, E-mail address, telephone number for acceptance of letter-or-visit matters, place and time for receiving letter-writers and visitors of the department for letters and visits;
(2) the scope of letter-or-visit matters to be accepted by the department;
(3) the laws, regulations, rules and work standards concerning the letters and visits work and the procedures for handling letter-or-visit matters;
(4) the methods of inquiring about the progress of the letter-or-visit matters handled thereby;
(5) the open-reception days' arrangements of the department whose responsible person receives visitors on specific dates; and
(6) other matters creating convenience for letter-writers and visitors.
Where a letter-writer or visitor requests an explanation or interpretation on the publicized contents, the department for letters and visits shall make an explanation or interpretation.
Article 21 Departments for letters and visits shall share information resources among departments for letters and visits of State organs through interconnected information systems for letters and visits.
Article 22 Staff members for letters and visits shall abide by the following provisions in the letters and visits work:
(1) to receive letter-writers and visitors in a civilized manner and respect them, and not to create difficulties for or discriminate against them; to notify letter-writers or visitors and make ample explanation and persuasion to them if their letter-or-visit requests are not accepted according to law;
(2) to handle letter-or-visit matters in time and according to law by following the procedures for handling letter-or-visit matters, and not to put them aside, perform their functions and duties in a perfunctory manner, shift responsibility onto others or delay handling letter-or-visit matters; to notify letter-writers or visitors to present their letter-or-visit matters to State organs that have the power to handle if their letter-or-visit requests do not fall within the scope of letter-or-visit matters to be accepted by the department;
(3) to uphold principles and handle affairs in an impartial way, and not to engage in malpractice for personal gains, take briberies or accept treats and gifts given by letter-writers and visitors;
(4) to observe the confidentiality system, not to divulge the names of letter-writers and visitors or the contents of accusations or exposures, and not to divulge or diffuse the contents which are requested by letter-writers or visitors to be treated with confidentiality or the contents that are likely to damage the rights and interests of letter-writers or visitor;
(5) to give replies truthfully, and not to refuse to give replies, to inquiries presented by letter-writers and visitors about the handling of letter-or-visit matters unless State secrets, commercial secrets or private affairs are involved therein;
(6) to recuse themselves from the handling of letter-or-visit matters if they share an direct interest with letter-writers or visitors or have an direct interest in any letter-or-visit matters; and
(7) to establish and properly keep letter-or-visit archives according to the provisions concerning archives management, and no to lose, tamper, conceal or, without authorization, destroy such archives.
CHAPTER IV PRESENTATION OF LETTER-OR-VISIT REQUESTS
Article 23 To present a letter-or-visit request, a letter-writer or visitor shall present it to a State organ that has the power to deal with the request according to law.
Where, as provided for in law, a letter-or-visit request shall be handled through litigation, arbitration, administrative reconsideration or other statutory means, the letter-writer or visitor shall present it by following the statutory procedures.
Article 24 A letter-writer or visitor shall, in general, present a letter-or-visit request through correspondence, E-mail or in any other written form. Where a complaint is lodged, the real name (title), address and means of contact of the letter-writer or visitor as well as the main facts, grounds and clear requests shall be stated.
Where a letter-writer or visitor presents a letter-or-visit request orally, the relevant State organ shall make factual records.
With a view to facilitating and standardizing the presentation of letter-or-visit requests by letter-writers and visitors, a State organ may provide formatted texts to them.
Article 25 Where a letter-writer or visitor intends to present a letter-or-visit request through visit, the letter-writer or visitor shall, within the reception hours made known to the public, go and present the request at the reception place established or designated by the organ at the corresponding level or at a higher level that has the statutory power to deal with the request.
Where two or more letter-writers or visitors intend to present the same request through visit, they shall elect their representatives, and the number of such representatives shall not exceed five. The representatives shall truthfully convey the decision on handling the request or replies to other letter-writers and visitors.
Article 26 Where a letter-writer or visitor requests to be notified or replied in written form, the letter-writer or visitor shall present the letter-or-visit request thereof through correspondence, fax, E-mail, or visit.
Article 27 A letter-writer or visitor may entrust a proxy to present a letter-or-visit request. The proxy shall, while presenting the letter-or-visit request to a relevant State organ, produce the letter of authorization and exercise the power as a proxy within the scope of power authorized thereto.
Where a proxy keeps on presenting a letter-or-visit request after the principal has explicitly expressed not to present the request any longer, the relevant State organ shall no longer accept the request.
Article 28 The letter-or-visit request of a person without capacity for civil conduct or with limited capacity for civil conduct shall be presented by the guardian thereof on behalf of the said person.
Where a person who cannot normally express his own will because of physical disability intends to present a letter-or-visit request, another person shall be entrusted with the presentation of the request on behalf of the said person.
Where a patient of an infectious disease or of a suspected infectious disease intends to present a letter-or-visit request through visit, another person shall be entrusted with the presentation of the request on behalf of the said person.
CHAPTER V ACCEPTING AND HANDLING OF LETTER-OR-VISIT MATTERS BY PEOPLE'S CONGRESSES AND THEIR STANDING COMMITTEES
Article 29 A letter-writer or visitor may present a letter-or-visit request to people's congresses at all levels of this Municipality and their standing committees on following matters:
(1) opinions and suggestions concerning local regulations promulgated, and resolutions and decisions adopted, by the people's congress at the corresponding level and its standing committee;
(2) opinions and suggestions concerning decisions made, and regulatory documents formulated, by the people's government at the corresponding level;
(3) opinions and suggestions concerning the work of the people's government, the people's court and the people's procuratorate at the corresponding level;
(4) complaints, accusations or exposures against any violation of law or dereliction of duty by staff members of State organs who are elected by, or appointed upon decision or approval by, the people's congress at the corresponding level and its standing committee;
(5) suggestions, criticisms and opinions concerning deputies to the people's congress at the corresponding level, component members of the standing committee of the people's congress at the corresponding level and staff members working for the standing committee of the people's congress at the corresponding level, and complaints, accusations or exposures against their violation of law or dereliction of duty;
(6) opinions and suggestions concerning improper resolutions or decisions of people's congresses at the next lower level and their standing committees; and
(7) other letter-or-visit requests that shall, as provided for in law, be accepted by people's congresses and their standing committees.
Article 30 People's congresses at all levels of this Municipality and their standing committees shall neither take everything into their own hands in terms of letter-or-visit matters that fall within the scopes of functions and duties of the people's government, the people's court or the people's procuratorate, nor directly handle such letter-or-visit matters.
Article 31 The department for letters and visits of the standing committee of the people's congress at the municipal, district or county level shall, upon receiving a letter-or-visit request, register the letter-or-visit request and handle it within 15 days in any of the following ways:
(1) where a letter-or-visit request falls within the scope of acceptance of letter-or-visit matters by the people's congress at the corresponding level and its standing committee, the said department shall transfer such request to the relevant working office of the standing committee for handling and give a reply to the letter-writer or visitor; or
(2) where a letter-or-visit request falls within the scopes of functions and duties of people's governments and their departments, people's courts or people's procuratorates at the corresponding or lower level, the said department shall transfer such request to the relevant State organ for handling and may request a feedback on the result of the handling, and the organ handling the request shall give a reply to the letter-writer or visitor.
Article 32 The following letter-or-visit requests shall not be accepted:
(1) a letter-or-visit request presented on a case which is being tried according to the legal procedures;
(2) a letter-or-visit request presented by a letter-writer or visitor based on the same facts and grounds even though the case has been reexamined by an administrative organ; and
(3) other letter-or-visit requests that shall not be accepted as provided for in law.
CHAPTER VI ACCEPTING AND HANDLING OF LETTER-OR-VISIT MATTERS BY PEOPLE'S GOVERNMENTS AND THEIR DEPARTMENTS
SECTION 1 ACCEPTING AND HANDLING
Article 33 A letter-writer or visitor may present a letter-or-visit request to the relevant administrative organs on the performance of functions and duties by the following organizations or individuals:
(1) administrative organs and their staff members;
(2) organizations that are authorized by laws or regulations to perform the functions of administration of public affairs, and their staff members as well;
(3) enterprises or institutions providing public service, and their staff members as well;
(4) individuals in public organizations or other enterprises or institutions who are appointed or dispatched by State administrative organs; and
(5) villagers' committees, residents' committees and their members.
Article 34 The department for letters and visits of the people's government shall, upon receiving a letter-or-visit request, register the letter-or-visit request and handle it within 15 days in any of the following ways:
(1) where the letter-or-visit request shall be handled by the people's government at the corresponding level or the department thereof according to its statutory functions and duties, the said department for letters and visits shall transfer such request to the administrative organ which has the power to handle it or, in case of any important or urgent matter, make timely suggestions and submit such request to the people's government at the corresponding level for decision;
(2) where the letter-or-visit request shall be handled by the people's government at a lower level according to its statutory functions and duties, the said department for letters and visits shall, on the merits of each case, transfer such request to the department for letters and visits of the people's government at the next lower level, or directly transfer such request to the organ which has the power to handle it and send a copy of the request to the department for letters and visits of the people's government at the next lower level; or
(3) where the feedback on any important matters in transference is required, the said department for letters and visits shall send the request directly to the administrative organ which has the power to handle it, and ask the organ to give a feedback within the specified time limit.
The department for letters and visits of the people's government at or above the county level shall, at regular intervals, circulate a notice to the department for letters and visits of the people's government at the next lower level on the transference and assignment for handling of letter-or-visit requests, and the department for letters and visits of the people's government at a lower level shall, at regular intervals, make a report to the department for letters and visits of the people's government at the next higher level on the acceptance or handling of letter-or-visit requests transferred and assigned thereto for handling.
Article 35 A governmental department other than the department for letters and visits of the people's government shall, upon receiving a letter-or-visit request, register the letter-or-visit request and handle it within 15 days in any of the following ways:
(1) where the letter-writer or visitor presents the letter-or-visit request to it directly; it shall, on the basis of the scope of its statutory functions and duties and according to the provisions of the second paragraph of Article 23 of these Regulations, make a decision on whether or not to accept the request and notify the letter-writer or visitor in written form; where the request falls within the scope of the functions and duties of an department at a lower level, it shall transfer the request to the said department and notify the letter-writer or visitor; or
(2) where the letter-or-visit request transferred or assigned for handling by the department at a higher level falls within the scope of its statutory functions and duties, it shall accept the request, notify the letter-writer or visitor in written form and make a report to the department at a higher level as required; where the request does not fall within the scope of its functions and duties, it shall, within five working days from the date of receipt of the letter-or-visit request, raise an objection and return the relevant materials to the department that has transferred or assigned the request to it for handling.
Article 36 With regard to a letter-or-visit request that shall be accepted but fails to be accepted, the department for letters and visits of the people's government may request the governmental department at the corresponding level or the people's government at a lower level, and the governmental department at a higher level may require the governmental department at a lower level, to accept the request, handle it within a prescribed time limit and make a report on the result of the handling.
Article 37 Where a letter-writer or visitor presents a letter-or-visit request to the organ at a level higher than the organ that has accepted and handled the same request, the said organ at a higher level shall not accept the request in any of the following circumstances:
(1) the letter-or-visit request is being examined;
(2) the letter-or-visit matter has been accepted or is being handled; and
(3) after the decision on handling a letter-or-visit matter or the reexamination opinion on this matter has been given, the letter-writer or visitor fails to submit an application for reexamination or review within the prescribed time limit without justifiable cause.
Article 38 Where a letter-or-visit matter involves two or more departments, it shall be accepted by the relevant departments according to their functions and duties respectively. Should it be jointly accepted by these departments but a dispute arises therefrom, the case shall be reported to their common administrative organ at the next higher level which shall determine the competent organ for handling the matter.
Article 39 Where a department of the people's government, after accepting a letter-or-visit matter, considers that the matter involves the statutory functions and duties of another department of the people's government at the corresponding level and therefore coordination is required for the handling of this matter, it may request the department for letters and visits of the people's government at the corresponding level to coordinate. Where no agreement can be reached after the coordination, the department for letters and visits may report it to the people's government at the corresponding level and handle it according to the people's government's decision.
Article 40 A letter-or-visit matter that the people's government or any of its department has decided to accept shall be handled within 60 days from the date it is accepted. If the matter is complicated, the time limit for handling may be extended appropriately upon the approval by the responsible person of the organ concerned, but the period extended shall not exceed 30 days, and the letter-writer or visitor shall be notified of the grounds for such extension. Where laws or administrative regulations provide otherwise, the provisions therein shall prevail.
Article 41 To handle an important, complicated or difficult letter-or-visit matter, the people's government or its department may hold a hearing in accordance with the prescribed procedures.
Article 42 The people's government or its department shall, after accepting a letter-or-visit matter, make a decision as follows according to the relevant laws, regulations, rules or other provisions and give a written reply to the letter-writer or visitor:
(1) to support or partially support the request if it is based on clear facts and conforms or partially conforms to laws, regulations, rules or other provisions;
(2) not to support the request if it is not based on facts or does not conform to laws, regulations, rules or other provisions; or
(3) to notify the letter-writer or visitor that the request lacks legal basis and therefore cannot be satisfied, and make ample explanations to the letter-writer or visitor.
Where the people's government or its department decides to support or partially support a 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 43 A decision given as a reply to a letter-or-visit matter shall include the following particulars:
(1) the complaint lodged by the letter-writer or visitor;
(2) the basic facts that have been affirmed;
(3) the laws, regulations, rules or other relevant provisions taken as the basis;
(4) the decision on handling the letter-or-visit matter; and
(5) the statutory means and the time limit for seeking remedies by the letter-writer or visitor if he is not satisfied with the decision given as a reply.
Article 44 The people's government or its department shall deal with the following circumstances respectively in any of the following ways:
(1) where more than one organs that have the power to handle a letter-or-visit matter are involved in the handling of the matter, the competent organ shall pool the decisions of other relevant organs on handling the matter and reply the letter-writer or visitor;
(2) where the same letter-or-visit matter is presented by more than one letter-writers or visitors, the notification and reply may be made to the representative only;
(3) where any consultation related to a letter-or-visit request is conducted or a letter-or-visit matter is presented to make suggestions or express opinions, the letter-writer or visitor may be notified and replied orally; or
(4) where a letter-writer or visitor cannot be notified or replied because the name (title), address or means of contact of the letter-writer or visitor are not clear or truthful, it is allowable not to notify or reply the letter-writer or visitor.
Article 45 The people's government or its department may, upon consent of the letter-writer or visitor, give an oral notification and reply to the letter-writer or visitor if it has accomplished the handling of a letter-or-visit matter within 15 days from the date of receipt of the matter.
Article 46 The people's government or its department shall, within the specified time limit, report the result of the handling of the letter-or-visit matter assigned to it for handling to the assigning organ. Where it cannot accomplish the handling of the letter-or-visit matter within the specified time limit, it shall explain the grounds and report the progress made in the handling. Where laws or regulations provide otherwise, the provisions therein shall prevail.
SECTION 2 REEXAMINATION, REVIEW, AND SUPERVISION OVER HANDLING
Article 47 Where a letter-writer or visitor is not satisfied with the decision made by the people's government or its department on the handling of a letter-or-visit matter, the letter-writer or visitor may, within 30 days from the date of receipt of the decision, request the administrative organ at the next higher level of the original organ that has handled the matter to reexamine the matter. Where the letter-writer or visitor is not satisfied with the decision made after reexamination, the letter-writer or visitor may, within 30 days from the date of receipt of the decision made after reexamination, request for review by the administrative organ at the next higher level of the reexamination organ.
An application of a letter-writer or visitor for reexamination or review shall be made on the decision given as a reply, and the application shall be presented in written form and attached with the decision on the handling. Where an application for review is presented, the reexamination opinion shall also be attached thereto.
Article 48 Where the people's government of a town or township or a neighborhood office is the organ handling a letter-or-visit matter, the people's government of a district or county shall be the reexamination organ; where the people's government of a district or county is the organ handling or reexamining a letter-or visit matter, the municipal people's government shall be the reexamination or review organ; where a department of the people's governments of a district or county is the organ handling a letter-or-visit matter, the department at the next higher level or the people's government at the corresponding level shall be the reexamination organ; where a department of the municipal people's government is the organ handling or reexamining a letter-or-visit matter, the municipal people's government shall be the reexamination or review organ.
Where a letter-writer or visitor is not satisfied with the decision on the handling of a letter-or-visit matter or the decision made after reexamination, which is made by an administrative organ under a vertical leadership system, the letter-writer or visitor shall apply for reexamination or review to the competent department at the next higher level.
Article 49 The people's government at the municipal, district or county level shall each set up a reexamination and review committee presided over by the leader in charge of the people's government at the corresponding level and joined in by the responsible persons of the relevant departments, and the committee shall be responsible for the reexamination and review work of the people's government at the corresponding level. The reexamination and review committee shall designate its working organ which shall be responsible for the daily work.
A department of the municipal people's government may set up its reexamination and review committee which shall be responsible for the reexamination and review work of the department.
Article 50 Where, upon examination, a reexamine or review organ decides to accept an application for reexamination or review, it shall notify the letter-writer or visitor in written form and, within 30 days from the date of receipt of the application, make an reexamination or review decision in any of the following ways and give a reply in written form:
(1) where the decision on the handling of a letter-or-visit matter or the decision made after reexamination is based on clear facts and correct application of basis, the organ shall maintain the decision; or
(2) where the decision on the handling of a letter-or-visit matter or the decision made after reexamination is not based on clear facts or correct application of basis, or is made in violation of statutory procedures, the organ shall, on the merits of each case, either revoke or modify the decision or order the organ that has handled or reexamined the matter to give a reply anew within the prescribed time limit.
Where the organ that has handled or reexamined the letter-or-visit matter is ordered to give a reply anew because the decision made thereby is not based on clear facts or correct application of basis, it shall not give a reply that is identical with or basically identical with the original decision.
Where, upon examination, a reexamine or review organ decides not to accept an application for reexamination or review, it shall notify the letter-writer or visitor of the grounds in written form.
Where it is impossible to make a reexamination or review decision within the statutory time limit on a complicated or difficult letter-or-visit matter, the time limit may be extended upon approval by the reexamination or review committee at the corresponding level, but the period extended shall not exceed 30 days, and the letter-writer or visitor shall be notified of the grounds for such extension.
Article 51 Where a letter-writer or visitor is not satisfied with the review decision and continues to present a letter-or-visit request based on the same facts and grounds, the department for letters and visits of the people's government or the relevant department shall no longer accept the request.
Article 52 Where the department for letters and visits of the municipal, district or county people's government finds that a people's government at a lower level or its department comes under any of the following circumstances, it shall, without delay, urge to handle the matter concerned and make a suggestion for improvement:
(1) failing to accomplish the handling of a letter-or-visit matter within the prescribed time limit without justifiable cause;
(2) failing to give feedback on the results of the handling of a letter-or-visit matter as required;
(3) failing to handle a letter-or-visit matter according to the prescribed procedures;
(4) shifting the responsibility for handling a letter-or-visit matter onto other departments, taking a perfunctory attitude to the handling of a letter-or-visit matter, or delaying the handling of a letter-or-visit matter;
(5) failing to execute the decision replied to a letter-or-visit matter;
(6) the decision replied is not based on clear facts or there are obvious mistakes in terms of the grounds or procedures;
(7) making a false report on the result of the handling or failing to put into effect the result of the handling; or
(8) other circumstances in which the handling of a letter-or-visit matter needs to be urged.
Upon receiving the suggestion for improvement, the administrative organ shall, within the specified time limit, give feedback in written form. If the organ does not accept the suggestion, it shall explain the reason within three working days.
Article 53 The department for letters and visits of the municipal, district or county people's government and any governmental department shall conduct investigation into and studies on hotspots and difficulties presented by letter-writers and visitors in a certain period of time, and make suggestions on improving policies and work to the people's government at the corresponding level or its department or to the people's government at the higher level or its department through the people's government at the corresponding level or its department.
CHAPTER VII ACCEPTING AND HANDLING OF LETTER-OR-VISIT MATTERS BY PEOPLE'S COURTS AND PEOPLE'S PROCURATORATES
Article 54 Letter-writers and visitors may present letter-or-visit requests to people's courts at all levels of this Municipality on the following matters:
(1) the suggestions, criticisms and opinions on the work of people's courts;
(2) the complaints, accusations or exposures against the violation of law or dereliction of duty by staff members of people's courts; and
(3) other letter-or-visit requests that shall be accepted by people's courts as provided for in law.
Article 55 Letter-writers and visitor may present letter-or-visit requests to people's procuratorates at all levels of this Municipality on the following matters:
(1) the suggestions, criticisms and opinions on the work of people's procuratorates;
(2) the complaints, accusations or exposures against the violation of law or dereliction of duty by staff members of people's procuratorates; and
(3) other letter-or-visit requests that shall be accepted by people's procuratorates as provided for in law.
Article 56 A people's court or a people's procuratorate shall, when a letter-or-visit request presented by a letter-writer or visitor falls within the scope of its functions and duties, register the letter-or-visit request, handle it according to law or the relevant provisions and notify and reply the letter-writer or visitor.
CHAPTER VIII ORDER OF LETTER-WRITING AND VISITING
Article 57 Letter-writing and visiting activities shall be conducted according to law and in an orderly manner. All State organs, their staff members, letter-writers and visitors shall maintain the order of letter-writing and visiting.
Social organizations, enterprises, institutions and grass-roots organizations shall assist State organs in maintaining the order of letter-writing and visiting.
Article 58 Letter-writers and visitors shall abide by laws, regulations and relevant provisions and shall not commit any of the following acts:
(1) presenting letter-or-visit requests through visits at places not for accepting letters and visits;
(2) illegally assembling and making troubles around State organs' offices or peripheral areas thereof or public places, encircling and attacking State organs, intercepting official vehicles, jamming and obstructing traffic, or menacing with suicides, self wounding or self mutilation;
(3) disrupting the normal working, production or business order of organs, organizations, enterprises or institutions;
(4) carrying dangerous articles or tools under control;
(5) humiliating, beating up or threatening staff members performing the duty of handling letters and visits, or illegally restricting other people's personal freedom;
(6) preventing staff members of State organs from performing their duties according to law;
(7) distorting or fabricating facts, spreading rumors or intentionally disrupting public order by taking other means;
(8) inciting, colluding with, coercing or enticing other persons with money or things of value to write letters or make visits, or manipulating from behind the scenes other persons into doing so, or taking advantage of letter-writing or visiting to accumulate wealth;
(9) lingering at reception places for letters and visits, or leaving persons without capacity for civil conduct, persons with limited capacity for civil conduct or persons who are unable to look after themselves at reception places for letters and visits; and
(10) committing other acts that disrupt public order or impair national or public security.
Article 59 With regard to a person without capacity for civil conduct, a person with limited capacity for civil conduct, or a person unable to look after himself who lingers at the reception place for letters and visits, the department for letters and visits shall notify his guardian or the relevant unit to take him back.
With regard to a patient of an infectious disease or a patient of a suspected infectious disease who makes a visit at the reception place for letters and visits, the department for letters and visits shall notify the local health department to handle the case according to the relevant laws and regulations.
Article 60 Where a letter-writer or visitor seriously disrupts public order or impairs public security, the public security organ shall, according to law, take necessary measures on the spot to handle the case without delay. The relevant governmental department and the relevant responsible unit of the place where the incident is touched off shall arrive at the scene without delay to educate and persuade the letter-writer or visitor, and dissuade him to return. The government of the place where the incident takes place shall provide positive cooperation.
CHAPTER IX LEGAL LIABILITY
Article 61 Where a State organ or any of its staff members infringes upon the lawful rights and interests of a citizen, legal person or any other organization and triggers off the occurrence of a letter-or-visit matter, thus resulting in serious consequences and constituting a crime, the person directly in charge and other persons directly responsible shall be investigated for criminal liability according to law; if the act is not serious enough to constitute a crime, they shall be given an administrative sanction according to law.
Article 62 Where a State organ violates the provisions of these Regulations in the letters and visits work, it shall be ordered to make corrections by the State organ that has the power to handle the violation; if the violation results in serious consequences and constitutes a crime, the person directly in charge and other persons directly responsible shall be investigated for criminal liability according to law; if the violation is not serious enough to constitute a crime, they shall be given an administrative sanction according to law.
Article 63 Where a staff member of a State organ violates the provisions of Article 22 of these Regulations, he shall be criticized and educated by the unit to which he belongs; if the circumstances are serious enough to constitute a crime, he shall be investigated for criminal liability according to law; if the violation is not serious enough to constitute a crime, he shall be given an administrative sanction according to law.
Article 64 Where a State organ violates the provisions of Article 52 of these Regulations and, upon being urged, refuses to make corrections, it shall be criticized in a notice issued by the relevant State organ; if serious consequences are caused, it shall be investigated for liability.
Article 65 Where a State organ or any of its staff members conceals, makes a false report on, or delays reporting any important or urgent letter-or-visit matters or information which may exert an influence on the society, or incites another person to do so, thus resulting in serious consequences and constituting a crime, the person directly in charge and other persons directly responsible shall be investigated for criminal liability according to law; if the act is not serious enough to constitute a crime, they shall be given an administrative sanction according to law.
Article 66 Whoever suppresses and 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 sanction according to law.
Article 67 Where a letter-writer or visitor violates the provisions of Article 17, 25 or 58 of these Regulations, the staff member of a 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 his act. If the letter-writer or visitor violates the laws or administrative regulations on assemblies, processions, demonstrations or public security administration, the public security organ shall, according to law, take necessary measures on the spot to deal with the case and impose thereupon an administrative penalty for public security. If the act constitutes a crime, criminal liability shall be investigated for according to law.
CHAPTER X SUPPLEMENTARY PROVISIONS
Article 68 The State-owned assets supervision and administration department of this Municipality shall, with reference to these Regulations, formulate specific measures governing the letters and visits work of the enterprises and institutions under its supervision and administration.
Article 69 A letter-or-visit request presented by any foreigner, stateless person or foreign organization shall be handled with reference to these Regulations.
Article 70 These Regulations shall be effective as of January 1, 2007.