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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.


劳动和社会保障部


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劳动和社会保障部




各省、自治区、直辖市劳动（劳动人事）厅（局），民政、人事、卫生、体改部门社会保障工作机构，上海市、广东省社会保险局，国务院有关部门劳动和社会保障工作机构：
根据九届全国人大一次会议通过的国务院机构改革方案，在原劳动部基础上组建劳动和社会保障部，建立统一的社会保障行政机构，原由劳动部管理的城镇职工社会保险、人事部管理的机关事业单位社会保险、民政部管理的农村社会保险、各行业部门统筹的社会保险，以及卫生部门管
理的医疗保险，统一由劳动和社会保障部管理。劳动和社会保障部是国务院综合管理全国劳动和社会保障工作的职能部门，担负着研究制定与组织实施劳动和社会保障工作的总体规划、方针政策和提出法律法规草案以及改革方案的任务。组建劳动和社会保障部，充分体现了党中央、国务院
对劳动和社会保障工作的高度重视，符合建立社会主义市场经济体制的要求。劳动和社会保障工作事关改革、发展、稳定的大局，劳动和社会保障工作主管部门任务繁重，责任重大。各级劳动和社会保障工作主管部门要增强使命感、责任感和紧迫感，抓住机遇，开拓进取，争取用3－5年
的时间，初步建立起适应社会主义初级阶段生产力发展水平、符合社会主义市场经济体制要求的劳动制度和社会保障制度，使广大城镇劳动者得到比较充分的就业和基本的社会保障，为保证国有企业三年走出困境并初步建立现代企业制度，为促进国民经济持续、快速、健康发展和保持社会
的稳定做出贡献。
按照中央的部署，劳动和社会保障部已经开展工作，内设机构的“三定”工作正在抓紧进行。国务院机构改革后，各地也将进行机构改革。为了做好机构改革期间的劳动和社会保障工作，经商民政部、人事部、卫生部和国务院体改办同意，现就有关问题通知如下：
一、确保机构改革期间工作正常运转和联系渠道畅通
各级劳动和社会保障工作主管部门在机构改革期间，要按照现行职责各司其职，恪尽职守，确保队伍不散、秩序不乱、国有资产不流失、工作正常运转。要树立全局观念和协商合作意识，自觉服从和服务于国家经济建设和社会稳定的大局，主动建立良好的协商合作机制。工作中遇到意
见不一致的问题时，在与有关部门协商解决或上级协调解决之前，不得自行部署。地方劳动和社会保障工作主管部门对工作中的重大问题，要及时向当地政府请示报告；对带有全局性或普遍性的问题，应及时报告劳动和社会保障部。
二、全力以赴做好下岗职工分流安置和再就业工作
做好下岗职工分流安置和再就业工作，是实现国有企业改革和脱困目标的关键环节，是当前各级党委和政府的一项重要工作，更是劳动和社会保障工作主管部门的头等大事。各级劳动和社会保障工作主管部门要按照党中央、国务院的部署，在当地党委、政府领导下，精心组织，加大力
度，切实做好下岗职工分流安置和再就业工作。进一步推动再就业服务中心体系建设，督促资金到位，加强再就业培训，加快推进劳动预备制度。按照党中央、国务院关于应对东南亚金融危机、保持国民经济持续快速健康发展通知的规定，抓紧做好提高失业保险基金收缴比例的工作，增强
失业保险基金的支付能力，确保下岗人员的基本生活，确保按时足额缴纳社会保险费用。做好企业职工下岗情况的监测监控和统计分析，同时加大政策和资金扶持力度，促进下岗职工通过多种形式尽快实现再就业。
三、千方百计保证离退休人员的基本生活
目前，部分地区和行业拖欠离退休人员养老金的问题比较突出，党中央、国务院对此十分关注。各级劳动和社会保障工作主管部门要按照《国务院关于建立统一的企业职工基本养老保险制度的决定》（国发〔1997〕26号）的要求，加快制度并轨，积极扩大履盖面，提高统筹层次
。对目前拖欠养老金的问题，有关地区和行业主管部门要根据实际情况，尽快提出切实可行的解决办法，经当地政府或报劳动和社会保障部批准后组织实施，确保离退休人员养老金的及时发放，维护社会稳定。
四、加快推进医疗保险制度改革
国务院即将召开全国职工医疗保险制度改革工作会议，部署医疗保险制度改革工作。各地区在会前主要应抓紧做好调研、测算等基础性工作，为贯彻落实会议精神做好准备。已经开展医疗保险制度改革试点的城市，要注意总结经验，完善办法。各级医疗保险管理机构要主动与有关部门
加强联系，相互支持，做好医疗保险的管理和服务工作，切实保证广大职工和离退休人员正常就医。
五、切实加强各项社会保险基金的征缴和监管
进一步加强各项社会保险基金征缴工作，提高收缴率，确保正常发放。完善专户管理制度，加强管理和监督，严肃财经纪律，防止基金流失。要采取有效措施，严防机构改革期间挤占挪用各项社会保险基金等问题的发生，对顶风违纪的，一经查出，要严肃处理。各地区和有关部门对已
被挤占挪用的社会保险基金，要抓紧清理，尽快追回。对农村社会养老保险基金，要严格控制调剂金的使用和基金列支，确保基金安全。
六、抓紧做好社会保险统一管理的各项准备工作
各级劳动和社会保障工作主管部门，要按照统一政策、统一管理的要求，加强社会保险统一管理的调研、论证。同时，着手研究劳动和社会保障工作的总体规划和工作计划。5月份，劳动和社会保障部将利用召开全国企业下岗职工分流安置和再就业工作会议的机会，召开全国劳动、社
保厅局长座谈会，听取对当前和今后工作的意见和建议，部署年内工作，请提前做好准备。
希望劳动和社会保障系统各级领导干部和全体工作人员，高举邓小平理论伟大旗帜，在以江泽民同志为核心的党中央领导下，认真贯彻党的十五大精神，按照党中央和国务院的统一部署，努力做好各项工作，为国分忧，为民解难，为开创我国劳动和社会保障工作的新局面而努力奋斗。




1998年4月14日