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| Two ministerial posts: internal reporting rewards double up to 500,000! |
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| Author：中國銘鉉 企劃部 Release Time：2017-8-23 10:50:04 Number Browse：845 |
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Article 8. Any of the following circumstances shall not be given to the scope of the award:
(I) the staff of the department of food and drug administration or other departments shall, in accordance with relevant laws and regulations of the food and drug administration, have the legal supervision, discovery and reporting of the illegal activities and obligations of the personnel;
(2) report of counterfeits and their entrusted agents or interested parties of fake and inferior products;
(3) the existence of a report on the existence of a label or instruction that does not affect the product's quality and safety without misleading the public;
(4) other awards that are not in conformity with the provisions of the laws and regulations.
Chapter iii awards standards
Article 9 the reporting reward shall be divided into three reward grades according to the evidence of the report and the illegal fact.
Level 1: provide detailed illegal facts, clues and direct evidence of the reported party, and the report of the report is fully consistent with the illegal facts.
Level 2: provide the illegal facts, clues and some evidence of the reported party, and the report is consistent with the illegal facts.
Level 3: provide the illegal facts or clues of the accused, and the reporting contents are basically in line with the illegal facts.
Article 10 provincial food and drug supervision and administration department can be combined with practice, within their respective administrative areas according to the value or the involved FaMeiKuan bonus amount, factors such as integrated computation amount reward, in each case the reward amount does not exceed 500000 yuan.
The specific reward criteria are as follows:
(1) where a reward is awarded to a tip-off, the reward shall be given in the case of 4% to 6% of the value of the value involved or the amount of the penalty.If the calculation is less than 2000 yuan, a reward of 2,000 yuan is given.
Those who are awarded the second level report shall be rewarded with a reward of 2% to 4% of the value of the value involved or the amount of the penalty.If the calculation is less than 1000 yuan, the reward will be 1000 yuan.
Those who are awarded for the third class report shall be rewarded with a reward of 1% to 2% of the value of the goods involved or the amount of the penalty.If the calculation is less than 200 yuan, 200 yuan will be awarded.
(2) if the illegal act does not involve the value of the goods or the amount of the penalty, the report shall be true, and the visual situation shall be awarded between 200 and 2000 yuan.
(3) for the report of the internal personnel in the development, production, operation and use of the links, the reward shall be doubled in accordance with the above standards.
Article 11. In accordance with one of the following situations, the whistleblower has made a special contribution, and the award shall be no less than 300,000 yuan in principle:
(2) the report involves the infant formula, which is included in the national immunization planning vaccine and other varieties, and has caused great harm to the public health or may cause serious harm;
(3) reporting intentional adulteration of counterfeit goods, which has caused greater social harm or may have caused serious social harm;
(4) reports of major social impacts determined by other provincial food and drug administration departments.
Chapter iv reward procedures
Article 12. The report is responsible for the investigation, to make the final decision of the food and drug supervision and administration department report to initiate an investigation has been completed, to comply with the measures of a condition, shall, within 15 working days whistleblower feedback is dealt with as a result, and according to the whistleblower rewards will start the rewards program.
Article 13 the implementation department of the reporting reward shall promptly identify the reporting level, the reward standard, etc., and inform the informant of the award decision.
If the receiving department is required to help identify and identify the subject of the award, the complaint handling department shall assist.
Article 14 a whistleblower shall, within 30 working days from the date of being informed of the decision of the award, be entitled to receive the award by virtue of his valid identification.If the agent is entrusted, the trustee shall hold the valid identification of the letter of authorization, the informant and the trustee.
If a whistleblower fails to receive a bonus without justifiable reason, he shall be deemed to give up the reward.
Article 15 the payment of reward funds shall be carried out in accordance with the relevant provisions of the centralized payment system of the Treasury.In case of non-cash payment terms, the reward funds shall be paid in non-cash payment mode.
Article 16 a person can't get the bonus without trustee, more details can be timely and provide proof of identity is a person, bank accounts, account designated by the reporting incentives department shall remit bonuses.The non-site award shall be limited to the actual name of the informant, and the name of the account provided shall be the same as the name of the informant.
Article 17 an anonymous whistleblower rewards appeal, it shall, at the time to report provides information to identify their identity as a status code, and with the food and drug supervision and administration department agreed to report password, reporting results and rewards right way.
If the anonymous informant receives the award and decides to receive the award, he shall provide the information such as the identity code and the password of the report to facilitate the identification of the food and drug supervision and administration department.The supervision and administration departments of food and drug administration at all levels may, in accordance with the actual conditions, formulate special procedures for the issuance of anonymous reports and awards.
Article 18 the report by the food and drug violations alleged constitutes a crime, and transferred to judicial organs shall be investigated for criminal responsibility according to law, the original transfer department shall, in accordance with the provisions of this way to reward the part to verify.
Article 19. Where there is a condition, the reporting reward shall be partially rewarded after the reporting leads have been verified.After the investigation of the case is completed, the following award shall be followed in accordance with the provisions of the present measures.The total award shall be in conformity with the provisions of article 10 of the present measures.
Article 20 the whistle-blowers to object to the level of reward, reward amount, can receive rewards in decision within 30 working days from the date of notification, to report incentives to implement the food and drug supervision and administration department of a review request.
Chapter v supervision and administration
Article 21 the food and drug administration departments at various levels shall establish and improve the reporting and reward archives and do a good job of compiling statistics.
Article 22 the food and drug administration departments at various levels shall protect the legal rights and interests of the informant according to law and shall not disclose the relevant information of the informant.
Article 23 the staff of the food and drug administration at all levels shall, in the course of the implementation of the reporting reward, take administrative sanctions in the light of the seriousness of the case;If a crime is constituted, the judicial organ shall be transferred to criminal responsibility according to law:
(1) forgery or abetting, conspiring to falsify the reporting materials with others, and falsely collating the rewards of the report;
(2) divulging the relevant information of the informant without the consent of the informant;
(3) funds for embezzlement, misappropriation, appropriation or retention of rewards;
(4) other ACTS that shall be legally liable in accordance with the law.
Article 24 a whistleblower intentionally fabricating the facts falsely to falsely accuse another person or falsifying the reward for fraud shall bear the corresponding responsibility according to law;If a crime is constituted, it shall be transferred to the judicial organ.
Chapter vi supplementary provisions
Article 25 provinces, autonomous regions and municipalities directly under the food and drug supervision and administration department and finance department in accordance with these measures, formulate the food and drug administration within their respective administrative areas to report way to reward, to the procedures of examination and approval and issue of reward decision, etc to make specific provision, submitted to the state food and drug administration bureau and the ministry of finance for the record.
Article 26 the term "report of the real name" as mentioned in the present measures refers to the whistleblower's behavior of providing the real name and the actual and effective contact information.
Anonymous reporting "refers to a person does not provide their real names, but provide other information to identify its identity and effective contact information, the relevant departments of the later to confirm the whistleblower status report and disclosure behavior.
Article 27 the present measures shall be interpreted by the state administration of food and drug administration jointly with the ministry of finance.
Article 28 these measures shall come into force as of the date of promulgation.On January 8, 2013, the original state food and drug administration and the ministry of finance jointly issued a reward method for the reporting of illegal ACTS of food and drug offences.
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