Laws of the Shanghai Province

Chapter 1  General Provisions

Article 1 (Purpose and Basis)

With a view to standardizing the practice of making inquires about cases of petition letters and calls, protecting the legitimate rights and interests of petitioners by letters and calls, and safeguarding and supervising the performance of duties and functions of the relevant administrations, these Procedures have been formulated in accordance with the relevant provisions of the "Regulations on the Making and Handling of Petition Letters and Calls" and "Regulations of Shanghai Municipality on the Making and Handling of Petition Letters and Calls" and in the light of the actual circumstances of this Municipality.

Article 2 (Scope of Application)

These Procedures shall apply to the activities of petitioners by letters and calls making inquires at the ombudspersons' office of governments at all levels or to administrative organs concerned about the handling of cases of petitioners by letters and calls and the activities of organs concerned accepting and making feedback to the inquires.

Article 3 (Principle of Handling Inquiry)

In handling inquires about cases of petition letters and calls, the following principles shall be followed:

(1) Ones that are in charge of the cases shall be responsible for handling the corresponding inquires;

(2) In handling inquires, it is necessary to make things convenient for petitioners by letters and calls;

(3) It is imperative to accept and make feedback to inquires accurately and timely;

(4) It is imperative to protect the legitimate rights and interests of petitioners by letters and calls.

Article 4 (Setup of Information System)

Administrative organs at all levels shall make full use of E-government and computer technology to set up information-exchange system concerning cases of petition letters and calls and provide convenience for the petitioners by letters and calls to inquire about the handling of the cases.

Article 5 (Responsibility of Making Feedback)

After accepting requests for inquiry, organs concerned shall make feedback to the inquiry within the prescribed time.

Chapter 2 (Subject of and Scope of Handling Inquiry)

Article 6 (Subject of Making Inquiry)

After making request for petitions to the ombudspersons' office of governments at all levels or administrative organs concerned and receiving the "Acceptance Notification" , petitioners by letters and calls are entitled to make inquires about the handling of the case.

Article 7 (Subject of Handling Inquiry)

Organs in charge of cases of petition letters and calls shall be responsible for accepting and making feedback to inquires about the cases.

In case an administrative organ that shall have dealt with a case of petition letters and calls is separated from the original organ or is merged into another organ or is dissolved, the inquires about the said case shall be handled by the administrative organ that supersedes it; in case of the administrative organ is unclear about the duty, the government at the same level shall assign a certain administrative organ to take the responsibility.

If the case of petition letters and calls involves the scope of the official duties of two or more than two administrative organs, the inquires about which shall be respectively accepted and made feedback to by recipient organs according to their own scope of official duties.

If the case of petition letters and calls is transferred to be handled by another organ, the handling organ shall, after acquainting itself with the case from the former organ, accept and make feedback to inquires about the case.

Article 8 (Scope of Inquiry)

Petitioners by letters and calls are entitled to submit applications for making inquires about the progress and results of the handling of the petitions.

Inquires about the request for petitions involving discipline inspection and supervision departments shall be handled according to laws, regulations and the relevant provisions in this field.

Chapter 3  (Handling Procedure)

Article 9 (Submit an Application for Making Inquiry)

After the request for petitions is accepted by administrative organs, petitioners by letters and calls are entitled to submit applications for making inquires about the progress and results of the handling of the case at the reception centers of recipient organs by holding "Acceptance Notification" and identity certificate.

Article 10 (Commission Inquiry)

In case a petitioner by a letter or a call cannot or is not appropriate to submit an inquiry application at an appointed place, he or she may entrust others to submit the application in his or her name, with an exception of a particular situation.

In case of the commission inquiry, a trustor shall hold "Acceptance Notification" , certificate of commission inquiry and his or her identity certificate to submit an application for making inquiries at the reception centers of recipient organs.

The certificate of commission inquiry shall include the name, contact way, copy of identity certificate and signature or seal of the petitioner by a letter or a call and the trustor' s name, contact way, as well as commission items.

While organs concerned accepting the commission inquiry, they shall check the "Acceptance Notification" , the trustor' s ID card, take in the certificate of commission inquiry, and confirm the commission by contacting the petitioner by a letter or a call.

Article 11 (Fill in the Inquiry List)

While making inquires about the handling of cases, petitioners by letters and calls shall fill in the inquiry list, which includes their names, contact way, numbers of "Acceptance Notification" and inquiry items.

Article 12 (Registration of Inquiry Application)

For inquiry applications complying with the present procedures, organs accepting the inquiries shall assign personnel to make registration on the spot.

Article 13 (Feedback to Inquiry)

After making registration of inquiry applications, immediate feedbacks are preferred. If immediate feedbacks are unavailable, it is imperative to notify the progress or results of the handling within 15 days.

Article 14 (Way of Feedback)

Organs that accept inquiries may make feedbacks by way of letter, telephone, e-mail or face-to-face notification, and meanwhile, take registration. Written feedbacks shall be provided to persons making inquires on their demands.

Article 15 (Inquiry Frequency and Notification Obligation)

Petitioners by letters and calls may apply to make inquires about the progress of the handling when the cases are under operation, but there shall be a 30-day time interval at least between two applications; if the handling, review and check of the cases have been finished, petitioners by letters and calls may make inquires about the results, but under the condition that the results have been notified to them, repeated applications for inquiry will be refused.

Article 16 (Scope of Forbidden Inquiry)

Organs concerned may refuse the inquiry of case in one of the following situations:

1. Anonymous cases;

2. Cases involving State secrets;

3. Cases involving commercial secrets;

4. Cases involving privacy;

5. Cases in which petitioners by letters and calls refuse to provide identity certificates, for they have clearly demanded secrecy in inquiry items;

6. Cases which have been accepted and responded to and notified that no repeated inquiries will be accepted;   

7. Cases otherwise provided by laws, rules and regulations

Organs concerned shall notify petitioners by letters and calls reasons for not accepting inquires about the cases in the above clauses 2-7 within 15 days upon receiving their inquiry applications.

Article 17 (Legal Liability)

In case organs that accept inquires violate these Procedures in handling inquires and do not provide feedbacks in time to petitioners by letters and calls, their superior departments shall order them to make a correction and the relevant personnel shall be subject to censure and education, except that the above failure is caused by inaccurate clues by petitioners by letters and calls.

Article 18 (File for Management)

Organs that accept inquires shall sort out the written documents in handling inquires for filing.

Chapter IV Supplementary Provision

Article 19 (Reference)

Social organizations and enterprises/institutions shall carry out their work relating to the acceptance and feedback of inquires about cases of petition letters and calls by referring to these Procedures.

The acceptance and feedback of inquires about cases of petition letters and calls involving foreigners, stateless persons and foreign organizations shall be handled by referring to these Procedures.

Article 20 (Effective Date)

These procedures shall become effective on December 1, 2005.

Sample for Reference (1)

Inquiry List (Citizen)

For Petitioners by Letters and Calls:

Name__________Sex__________Date of Birth_____________Nationality______

Address_______________________________ Work Unit____________________

Contact Address________________    Contact Phone_____________________

Number of Acceptance Notification______________________________________

Items for Inquiry_____________________________________________________

Here I Wish to Convene:

        (Administrative Organs or Units)

                                      Petitioners by Letters and Calls

                                                (Signature or Seal)

                                                 Time

Sample for Reference (2)

Inquiry List (Legal Representative or Other Organization)

Title of Petitioners by Letters and Calls_________

____________________________________________________________________

Legal Representative___________________________________________________

Contact Address_______________________________________________________

Contact Phone________________________________________________________

Number of Acceptance Notification________________________________________

Items for Inquiry_______________________________________________________

Here I Wish to Convene:

        (Administrative Organs or Units)

                                  Petitioners by Letters and Calls

                                                (Signature or Seal)

                                                 Time

Attachments: Certificate of Commission Inquiry, Copy of Identity Certificate of the Trustor