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.


河南省人大常委会


河南省《残疾人保障法》实施办法
河南省人大常委会


（1993年2月16日河南省第七届人民代表大会常务委员会第三十三次会议通过 1993年5月15日起施行）^

目 录

第一章 总 则
第二章 康 复
第三章 教 育
第四章 劳动就业
第五章 文化 福利 环境
第六章 法律责任
第七章 附 则

第一章 总 则
第一条 根据《中华人民共和国残疾人保障法》（以下简称《残疾人保障法》）和国家有关法律、法规的规定，结合我省实际情况，制定本办法。
第二条 残疾人是指在心理、生理、人体结构上，某种组织、功能丧失或者不正常，全部或者部分丧失以正常方式从事某种活动能力的人。 残疾人包括视力残疾、听力残疾、言语残疾、肢体残疾、智力残疾、精神残疾、多重残疾和其他残疾的人。 残疾鉴定由省、市（地）、县（?
校┪郎姓芾聿棵呕嵬泄夭棵胖付ǖ囊搅苹梗凑展夜娑ǖ谋曜冀小Ｊ小⑾兀ㄊ校┎屑踩肆匣岷朔⒉屑踩酥ぜ?
第三条 残疾人享有同其他公民平等的权利和国家给予的特别扶助。 残疾人必须遵守法律，履行应尽的义务，遵守公共秩序，尊重社会公德。 残疾人应当发扬乐观进取精神，自尊、自信、自强、自立，为社会主义建设贡献力量。
第四条 国家和社会对伤残军人、因公致残人员以及其他为维护国家和人民利益致残的人员实行特别保障，给予优待和抚恤。
第五条 各级人民政府领导残疾人事业，同级人民政府的残疾人工作领导协调机构负责协调、督促、检查《残疾人保障法》和本办法的贯彻实施。 有关行政管理部门应当履行各自的职责，执行《残疾人保障法》和本办法，以及其他法律、法规、规章中有关保障残疾人权益的规定。
第六条 人民政府应将残疾人事业纳入国民经济和社会发展计划，经费列入本级财政预算，并随着经济和社会的发展逐年增加。
第七条 残疾人联合会代表残疾人的共同利益，维护残疾人的合法权益，团结教育残疾人，广泛动员社会力量，为残疾人服务；承担残疾人工作领导协调机构的日常工作，协助人民政府发展和管理残疾人事业。 残疾人联合会可以采取多种形式募集资金，办好经济实体，为残疾人事业
的发展积累资金，并接受财政、审计部门的监督检查。
第八条 全社会应当发扬社会主义的人道主义精神，理解、尊重、关心、帮助残疾人，支持残疾人事业。 机关、团体、企业事业单位和村（居）民委员会，应当做好所属范围内的残疾人工作。从事残疾人工作的国家工作人员和其他人员，应当履行各自的职责，努力为残疾人服务。
残疾人的亲属及监护人不得虐待和遗弃残疾人。
第九条 人民政府和有关部门应当有计划地开展残疾预防工作，加强对残疾预防工作的领导和宣传。组织和动员社会力量，采取措施，预防残疾的发生和发展。
第十条 人民政府和有关部门，对在社会主义建设中做出突出贡献的残疾人，对维护残疾人合法权益、发展残疾人事业、为残疾人服务做出显著成绩的单位和个人给予表彰和奖励。
第十一条 本省境内的机关、团体、企业事业单位及其他组织和公民均应遵守本办法。

第二章 康 复
第十二条 人民政府和社会应当采取康复措施，帮助残疾人恢复或者补偿功能，增强其参与社会生活的能力。
卫生、财政、教育、民政等有关行政管理部门和残疾人联合会组成残疾人康复工作协调机构，负责组织、协调康复工作，落实康复任务。
第十三条 人民政府和有关部门应当有计划地在医院设立康复医学科（室）；组织和指导城乡社区服务网、医疗预防保健网、残疾人组织、残疾人家庭和其他社会力量，开展社区康复工作；向残疾人、残疾人亲属、有关工作人员和志愿工作者普及康复知识，传授康复方法。
第十四条 省、市（地）残疾人康复教育中心，开展康复医疗与训练、科学研究、人员培训和技术指导工作。
承担康复医疗任务的卫生、医疗单位，应当利用现有技术力量和设施，对残疾人实施有效的康复医疗。市（地）、县（市、区）聋儿听力语言训练部（班），对聋儿实施听力语言训练。鼓励、支持社会力量开办聋儿听力语言训练班。 残疾人学校、福利工厂、福利院和其他为残疾人
服务的机构，应当创造条件开展康复训练活动。
第十五条 县级以上人民政府和其他有关方面应采取多种形式对从事康复工作的人员进行技术培训，提高康复技术水平。医学院校和其他有关院校应当有计划地开设康复课程，设置康复专业，培养各类康复专业人才。
第十六条 在国家确定的康复医疗范围内，残疾人为恢复、补偿功能，进行康复医疗所支付的康复医疗费用，属公费医疗、劳保医疗或者合作医疗的，按公费、劳保或者合作医疗规定解决；不属此范围的，由本人或者亲属负担；确属无力负担的，由本人申请，当地人民政府和有关部门
依据有关规定给予补助。 卫生医疗和担负康复训练任务的单位，对残疾人康复医疗应当给予优先和优惠照顾。残疾人所在单位，对残疾人购置必备的专用辅助器具、康复器具有困难的，应当给予适当的经济补助。
第十七条 有关部门对残疾人专用的辅助用具和特殊用品的生产、供应、服务依法减免税。

第三章 教 育
第十八条 人民政府应当将残疾人教育作为国家教育事业的组成部分，加强领导，统一规划，有计划地举办特殊教育学校，在普通学校中开办残疾人教育班（部）和随班就读。
第十九条 各类普通教育和特殊教育机构，应当严格按照《残疾人保障法》第二十二条、第二十三条的有关规定招收残疾人就学，不得拒绝。 各类普通教育和特殊教育机构应当把教育残疾人自尊、自信、自强、自立作为一项重要的教育内容。
第二十条 教育部门、家庭和社会应当积极采取措施，使具有学习能力的适龄残疾儿童、少年受到规定年限的义务教育。教育部门对接受义务教育的残疾学生免收学费，并根据实际情况减免杂费。贫困残疾学生优先享受助学金。
第二十一条 市（地）应逐步开办残疾人职业学校，特殊教育学校应开设职业教育课程。 有关行政管理部门、残疾人所在单位和社会应当对残疾人开展扫除文盲和其他成人教育，鼓励残疾人自学成才。
第二十二条 特殊教育学校和普通学校附设的特殊教育班教师应经过专业培训。 省有计划地举办各级各类特殊教育师范院校、专业，在普通师范院校开设特殊教育班（部），培养、培训特殊教育师资。普通师范院校开设特殊教育课程或者讲授有关内容，使普通教师掌握必备的特殊教
育知识。 手语翻译、从事特殊教育工作的教职工和聋儿听力语言训练的教师，按照有关规定，享受特殊教育津贴。
第二十三条 财政及教育行政部门应当专项列支特殊教育经费，并随着教育经费的增加逐步增加。征收的教育事业费附加划出一定比例用于义务教育阶段的特殊教育。鼓励社会力量举办特殊教育学校和捐资、捐物助学。
特殊教育学校校办企业依法享受校办企业和社会福利企业的优惠政策。

第四章 劳动就业
第二十四条 残疾人劳动就业实行集中与分散相结合的方针。人民政府和劳动部门应当对残疾人劳动就业统筹规划，通过多渠道、多层次、多种形式，为残疾人劳动就业创造条件，使残疾人劳动就业逐步普及、稳定、合理。 残疾人联合会的残疾人劳动就业服务机构，配合劳动及有
关部门，对残疾人劳动就业进行服务、组织和指导。
第二十五条 人民政府和有关部门应当举办残疾人福利企业、工疗机构、按摩医疗机构和其他福利性企业事业组织，集中安排残疾人就业。 支持、鼓励社会力量兴办残疾人福利企业、工疗机构、按摩医疗机构和其他福利性企业事业组织。 民政部门对残疾人福利企业实行服务、指导
和管理。
第二十六条 对经过核准的残疾人福利企业事业组织，除继续执行国家现有的优惠照顾规定外，省人民政府可以根据实际情况，在税收、信贷资金、技术改造、利用外资、产品出口、外汇留成、土地使用等方面制定措施，进一步给予优惠照顾，扶持残疾人福利企业事业的发展。
第二十七条 机关、团体、企业事业单位、城乡各类经济组织，应当按在职职工总数的一定比例安排残疾人就业，并为其选择适当的工种和岗位。凡达不到比例要求的，按规定交纳一定数额的残疾人就业金。企业事业单位、城乡各类经济组织安排残疾人数超过本单位应安排残疾人比例
的，依照有关规定减免税收。 安排残疾人就业的比例、税收的减免和交纳残疾人就业金的数额由省人民政府规定。
第二十八条 鼓励残疾人自谋职业。 残疾人申请从事个体工商业的，凭残疾人证件，工商行政管理等部门优先核发证照，优先解决经营场地，并按规定减免各种收费；税务部门应当执行国家有关减免税的规定；金融部门在信贷方面应当给予照顾。
第二十九条 人民政府在制定扶贫规划时，应当将农村贫困残疾人列为重点扶持对象，在生产服务、技术指导、农用物资供应、农副产品收购和信贷等方面给予照顾，通过生产、科技、教育、救济、康复扶贫等措施，帮助其发展生产、脱贫致富。 村民委员会应采取多种形式，帮助残?
踩私饩錾械木咛謇眩欢源邮屡┮瞪呀洗蟮牟屑踩耍Π才帕λ芗暗墓嫘缘母ㄖぷ鳌9睦缯蚱笠怠⒏骼嗑米橹陀凶偶寄艿娜嗽贝屑踩朔⒄股?
第三十条 对国家分配的各类学校的残疾毕业生，不得因其残疾而拒绝接收。对经过职业培训的残疾人，应当优先安排。对符合招工、招干条件的残疾人，应当一视同仁，不得歧视。 对残疾职工作出辞退、除名等决定，应当征求其所在单位工会的意见，并告知当地残疾人联合会。

第五章 文化 福利 环境
第三十一条 文化、体育、民政等有关部门和残疾人联合会，应当鼓励、帮助残疾人参加各种文化、体育、娱乐活动，有计划地兴办残疾人活动场所，创造条件，满足残疾人精神文化生活的需要。
第三十二条 报刊、广播、电视应当采取多种形式，宣传保护残疾人的有关法律、法规和政策，反映残疾人生活，为残疾人服务。 文化、娱乐和其他公共活动场所，在国家法定节日、全国助残日、国际残疾人日应对残疾人免费开放。有关部门应当指定一些体育场馆、影剧院，对有组
织的残疾人训练、比赛和演出给予免费。图书馆应当逐步开办盲人有声读物场所，有条件的地方应当开办盲人有声读物图书馆。
第三十三条 残疾人所在单位应当鼓励帮助残疾人参加有关部门组织的文化、艺术、体育和其他有益活动，其在集训、比赛、表演期间，视为出勤。
第三十四条 新建、改建、扩建城市的道路、公共设施、公共建筑，应当依照有关规定，逐步实行方便残疾人的城市道路和建筑物设计规范，采取无障碍措施。已经建成使用的，应当逐步进行方便残疾人的无障碍改造。
第三十五条 人民政府及其有关部门应当组织开展扶助残疾人的活动，采取措施，组织好全国助残日和国际残疾人日活动，为残疾人排忧解难。
第三十六条 人民政府和社会应当采取扶助、救济和其他福利措施，通过多种渠道，保障和改善残疾人的生活。 对无劳动能力、无法定扶养人、无生活来源的残疾人，属城镇户口的，由社会福利院收养或由民政部门发给救济金；属农村户口的，按照五保户供养办法，保障其生活。
鼓励社会力量开办安置收养机构，安置收养残疾人。
第三十七条 残疾人所在单位、村（居）民委员会和家庭应当帮助残疾人参加社会保险。残疾职工享受与其他职工同等的保险待遇。鼓励残疾人个人参加社会保险。
第三十八条 残疾人搭乘公共交通工具，应当给予优先购票和搭乘；其随身必备的代步等专用辅助器具，准予免费携带。主要车站应当有计划地为残疾人增设售票窗口。 盲人免费乘坐市内公共交通工具（包括集体、私营客车）。盲人读物邮件免费寄递。
第三十九条 对农村无劳动能力或者基本丧失劳动能力的残疾人，家庭生活困难的，应当依法免去残疾人的农业税、义务工、劳动积累工、乡统筹、村提留和其他社会负担；其家庭成员中又无劳动力的，应当依法减免其家庭成员的农业税、义务工、劳动积累工、乡统筹、村提留、子女
接受义务教育期间的杂费和其他社会负担。
对需要享受以上照顾的残疾人，由本人或者其亲属、监护人申请，经村民委员会、乡（镇）人民政府或者有关部门审查批准。
第四十条 夫妻一方或双方是残疾人，其中一方为城镇非农业户口的，可以按照有关规定优先将其配偶及子女转为城镇非农业户口。 对两地分居的残疾人夫妻，应当优先解决其两地分居问题。 有关部门在办理上述手续时，根据实际情况减免各种费用。

第六章 法律责任
第四十一条 残疾人合法权益受到侵害的，被侵害人或其代理人有权要求主管部门处理或依法向人民法院提起诉讼。
第四十二条 违反《残疾人保障法》和本办法，有下列行为之一的，按照情节轻重分别给以批评教育、行政处分和行政处罚；构成犯罪的，由司法机关依法追究刑事责任：
（一）不履行对残疾人扶养、扶助、教育义务的；
（二）歧视、侮辱、侵害、虐待、遗弃残疾人的；
（三）破坏、损毁残疾人专用的公共设施的；
（四）挪用、克扣、截留、侵占、贪污残疾人的教育、康复、救济、福利和减免税款等资金或者物资的；
（五）因工作失职发生事故，造成残疾的发生、发展的；
（六）其他侵害残疾人合法权益的。
侵害残疾人的合法权益，造成财产损失或者其他损失、损害的，应当依法赔偿或者承担其他民事责任。
第四十三条 有下列行为之一的，人民政府及有关部门应对责任单位、主要负责人和直接责任人员提出批评、警告并责令限期改正：
（一）拒绝符合规定的残疾人报考、入学、就业，当事人或其亲属、监护人要求处理的；
（二）擅自辞退、开除残疾职工、学生的；
（三）拒不执行《残疾人保障法》和本办法规定的优惠政策的。
第四十四条 有关部门对侵害残疾人合法权益的案件，应当优先受理；在办理案件的过程中，应当根据残疾人的特殊困难，给予照顾，提供方便。 人民法院、律师事务所及其他法律服务机构对生活确有困难的残疾人，其诉讼费、聘请律师的费用及其他法律服务费用，应酌情减免。

第七章 附 则
第四十五条 本办法的具体应用问题由省人民政府负责解释。
第四十六条 省人民政府及其有关行政管理部门，各市、县（市）人民政府、地区行政公署可根据《残疾人保障法》和本办法制定具体措施。
第四十七条 本办法自1993年5月15日起施行。



1993年2月16日