Regulation on Complaint Letters and Visits

Regulation on Complaint Letters and Visits

Order of the State Council [2005] No. 431

January 10,2005

The Regulation on Complaint Letters and Visits, which is adopted by the 76th executive meeting of the State Council, is hereby promulgated and shall come into force as of May 1, 2005.
Premier Wen Jiabao

Regulation on Complaint Letters and Visits

Chapter I
　
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.
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