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Administrative Measures for the Tip-off Hotline for Environmental Protection
  

Chapter I  General Provisions

Article 1 For the purposes of strengthening the standard administration of the work on the tip-off hotline for environmental protection, smoothening the tip-off channels for the general public and protecting and ensuring the lawful environmental rights and interests of the people, these Measures are formulated in accordance with the Regulations on Letters and Visits and other laws and regulations on environmental protection.

Article 2 These Measures shall apply to the circumstances in which citizens, legal persons or other organizations tip off, by dialing the hotline for environmental protection, to the environmental protection administrative departments at all levels the matters relating to environmental pollutions or ecological damages and ask the environmental protection administrative departments to deal with the said matters in accordance with law.

The tip-off hotline for environmental protection shall be the special telephone number “12369”, which is also the uniform name of the tip-off hotline for environmental protection in all places.
The offices of tip-off hotline for environmental protection “12369” shall accept the tip-off matters, namely the tip-off cases, in accordance with law.

Article 3 The work on the tip-off hotline for environmental protection shall comply with the principles as follows:

(1)Graded responsibility and territorial management, those who are in charge should take the responsibility;
(2)Acceptance by law and timely handling;
(3)Safeguarding the public’s right to know, participate in and supervise the work on environmental protection;
(4)Making investigations to seek truth from facts, and handling properly to solve the problems.

Article 4 The work on the tip-off hotline for environmental protection shall be carried out in such way to accept all tip-off cases, investigate all illegal matters and answer every issue.
The tip-off hotline for environmental protection should be smooth at any time except for force majeure.

Chapter II  Organization, Responsibilities and Staffing

Article 5 Environmental protection departments at all levels shall strengthen the establishment of organizations to undertake the work on the tip-off hotline for environmental protection, employ corresponding full-time staff, protect the working conditions and maintain the team stable.

Article 6 The offices of tip-off hotline for environmental protection shall:

(1)Accept the tip-off matters related to environmental pollutions or ecological damages in accordance with law;
(2)Forward, assign, urge and supervise the handling of the tip-off cases in a timely manner;
(3)Report the handling results of assigned cases to higher departments concerned;
(4)Study and analyze the work on the tip-off hotline for environmental protection, and put forward comments and suggestions on the improvement to competent environmental protection departments;
(5)Submit the annual work report to the competent environmental protection departments at the same level and higher level and report the acceptance of tip-off matters and the forwarding, assignment, response, urging and supervision of tip-off cases;
(6)Inspect, guide and assess the work on the tip-off hotline for environmental protection of subordinate departments, summarize and communicate work experience and organize staff’s training.
The local offices of tip-off hotline for environmental protection may perform according to the actual situation other duties in accordance with law, or undertake other duties assigned by local people’s government.

Article 7 The staff of tip-off hotline for environmental protection shall:

(1)Abide by the law, have a firm political stance, be familiar with the environmental protection work, know relevant laws, regulations and policies, receive the training and pass the examination;
(2)Love their jobs and have a strong sense of dedication and responsibility;
(3)Receive the college or higher education;
(4)Master basic knowledge and skills of accepted tip-off matters, and have strong coordination ability and communication skills;
(5)Be honest and pragmatic;
(6)Strictly comply with the rules and regulations.

Chapter III  Working Procedures

Article 8 The staff of tip-off hotline for environmental protection shall answer the informants’ hot-line telephone in a patient and meticulous manner and with standard words, accurately record the time, name and address of the reported unit, contents, name and contact information of the informant and appeal purpose, distinguish situations and deal with the matters in the following ways:

(1)Accept the tip-off matters related to environmental pollutions and ecological damages within the responsibilities of environmental protection departments at all levels.
(2)Not accept the tip-off matters beyond the responsibilities of competent environmental protection departments, but tell the informants to report to other departments in accordance with law.
(3)Tell the informants to report to other departments and units in accordance with relevant laws and regulations the matters which should be handled through litigation, arbitration, administrative review and other statutory means or have gone through the above procedures.
(4)Not accept the tip-off matters which have been accepted previously, but tell the informants how to inquire the acceptance and handling results.
(5)Not accept the tip-off matters which the informants have put forward on the same facts and grounds as before just because they are unwilling to accept the response from environmental protection departments, but tell them they may request for review according to the provisions in Regulations on Letters and Visits.
(6)Immediately accept and report to the person in responsible in a timely manner the tip-off matters which involve environmental emergencies and have mass disturbance tendency.
(7)For the tip-off matters which involve two or more environmental protection departments, the environmental protection departments concerned shall accept them through consultation; where the consultation fails, their joint higher environmental protection department shall coordinate and determine the acceptance authority.

The staff of tip-off hotline for environmental protection shall inform the informants on the spot in case they can decide to accept the tip-off matters on the spot; or otherwise, they shall inform the informants within 15 (fifteen) days, unless the informants cannot be contacted.

Article 9 The offices of tip-off hotline for environmental protection shall forward the tip-off cases within the responsibility of the environmental protection department at the same level to relevant internal offices of the said department within 3 (three) working days after acceptance.

Article 10 The offices of tip-off hotline for environmental protection shall assign the tip-off cases within the responsibility of the subordinate environmental protection department to the subordinate offices of tip-off hotline for environmental protection through the management system of “12369” tip-off hotline for environmental protection within 3 (three) working days after acceptance.

The local staff of tip-off hotline for environmental protection at all levels shall immediately accept the tip-off cases assigned by higher offices and handle with them in a timely manner according to the regulations.

Article 11 The tip-off cases shall be finished within 60 (sixty) days from the date of acceptance. In complicated cases, the time limit may be extended properly upon the approval of responsible person of the environmental protection department at the same level with a notice showing the reason to the informants, but the extension should not exceed 30 (thirty) days.

The subordinate offices of tip-off hotline for environmental protection shall finish the tip-off cases assigned by higher offices within the specified time limit and report the results to the said offices; in complicated cases, the time limit may be extended properly upon the approval of responsible person of the environmental protection department at the same level with a notice showing the reason to the informants.

Article 12 After the tip-off cases are finished, the handling department shall tell the informants the results in a timely manner and forward them to the offices of tip-off hotline for environmental protection.

The subordinate environmental protection department responsible for handling with the tip-off cases assigned by higher offices shall report the results to the said offices after handling; the latter may return the cases to the handling department for re-handling in case the report is identified incomplete or with ambiguous facts.

The handling results of the tip-off cases shall be issued by the responsible person of the environmental protection department and shall show the tip-off matters, investigation conditions, handling views, response and so on.

Article 13 In case the tip-off cases handling department fails to forward or report the handling results in a timely manner, the staff of tip-off hotline for environmental protection shall urge it without delay.

Article 14 The higher offices of tip-off hotline for environmental protection shall report to the competent environmental protection department in case any of the following applies to the tip-off cases assigned to the subordinate offices and then the competent environmental protection department shall supervise the handling without delay:

(1)The decision of handling is not implemented after finish;
(2)The problems are not solved after a long delay and the public tip off repeatedly;
(3)There are fraudulent practices during handling;
(4)The handling does not comply with specified procedures;
(5)Other cases requiring supervision.

Article 15 The offices of tip-off hotline for environmental protection at all levels shall spot-check and return a visit to the finished tip-off cases as the case may be to listen to public opinions and improve their work.

Chapter IV  Work System

Article 16 The environmental protection departments at all levels shall develop and improve the rules and regulations on the work on the tip-off hotline for environmental protection to ensure such work rule-based, standardized and orderly.

Article 17 The offices of tip-off hotline for environmental protection at all levels shall summarize and analyze various tip-off information and handling conditions, put forward comments and report to the environmental protection department at the same level and the offices of tip-off hotline for environmental protection at a higher level.

Article 18 The environmental protection departments at all levels shall regularly analyze and summarize the work on the tip-off hotline for environmental protection, and make announcement to relevant units and departments as required by the work.

Article 19 The environmental protection departments at all levels shall publicize the tip-off hotline for environmental protection by TV, newspaper, Internet and other media to improve public awareness of the participation and supervision.

Article 20 The environmental protection departments at all levels shall regularly organize and carry out political theory study and business training of the staff of tip-off hotline for environmental protection to strengthen the team building, and constantly improve their ideological consciousness and business level.

Article 21 The offices of tip-off hotline for environmental protection at all levels shall improve the confidentiality management system, perfect the confidentiality protection measures, strengthen security checks and actively carry out confidentiality publicity and education.

Article 22 The offices of tip-off hotline for environmental protection at all levels shall properly keep written materials or sound recordings, and create the file in accordance with relevant file management standards.

Article 23 The environmental protection departments at all levels shall, combined with their own actual work conditions, develop the recognition and reward system for the work on the tip-off hotline for environmental protection, and recognize and reward the staff with outstanding deeds and significant achievements.

Article 24 The environmental protection departments at all levels shall actively seek for financial support from local finance departments and incorporate the construction, operation, management, maintenance and other funds for the tip-off hotline in the budget to ensure the normal work on the tip-off hotline for environmental protection and the normal operation of the management system.

Article 25 The environmental protection departments at all levels and the staff of tip-off hotline for environmental protection shall be punished in accordance with law in case of dereliction of duty, abuse of their official powers or exploitation of their position for corrupt or improper ends; they shall be transferred to judicial authorities in accordance with law and investigated for criminal liabilities in case they are suspected of committing a crime.

The competent environmental protection department and its staff shall be punished in accordance with law in case they retaliate against the informants; they shall be transferred to judicial authorities in accordance with law and investigated for criminal liabilities in case they are suspected of committing a crime.

Chapter V  Supplementary Provisions

Article 26 Matters not covered in the Measures shall be subject to the provisions in the Regulations on Letters and Visits and the Measures for Environmental Letters and Visits.

The local environmental protection departments at all levels shall develop the detailed rules for implementation by combination with local actual conditions.

Article 27 The Measures shall enter into force as of Mar. 1, 2011.

Foreign Economic Cooperation Office, Ministry of Environmental Protection of China
5 Houyingfang Hutong, Xicheng District, Beijing, P.R. China, Postal Code: 100035, Tel: +86-10-82268810, Fax: +86-10-82200510