Notice on Issuing the Implementation Measures of Xinjiang Uygur Autonomous Region for Handling the Illegal Operation of Subsidized Products for the Purchase of Agricultural Machinery (for Trial Implementation)

 

Bureau of Agriculture and Rural Affairs and Bureau of Finance of Yili Kazakh Autonomous Prefecture, Bureau of Agriculture and Rural Affairs and Bureau of Finance of all prefectures, prefectures and cities:

 

In order to effectively implement the agricultural machinery purchase subsidy policy, severely crack down on illegal operations of agricultural machinery purchase subsidies, and ensure the safety of central subsidy funds, according to the former Ministry of Agriculture and the Ministry of Finance's Measures for Handling Illegal Operations of Agricultural Machinery Purchase Subsidy Products(Trial)》(Farming 〔2017>> 〕26No.)Relevant regulations, combined with the actual situation of our region, formulated the ''Xinjiang Uygur Autonomous Region Agricultural Machinery Purchase Subsidy Products Illegal Operation Implementation Measures(Trial)》(See Annex)After being submitted to the people's government of the autonomous region for approval, it is hereby printed and distributed for implementation.

 

Annex: Implementation Measures for the Handling of Illegal Business Acts of Subsidized Products for the Purchase of Agricultural Machinery in Xinjiang Uygur Autonomous Region(Trial)》

 

Department of Agriculture and Rural Affairs of the Autonomous Region Autonomous Region Department of Finance

 

2021Year5Month26Day

 

Annex

 

Implementation Measures of Xinjiang Uygur Autonomous Region for Handling Illegal Operation of Subsidized Products for Purchase of Agricultural Machinery (for Trial Implementation)

 

Chapter I General Provisions

 

Article 1 In order to standardize and strengthen the handling of illegal operations of subsidized products for the purchase of agricultural machinery, and to ensure the effective implementation of the subsidy policy for the purchase of agricultural machinery, in accordance with the "the People's Republic of China Agricultural Mechanization Promotion Law" and the "Regulations on Penalties for Fiscal Illegal Acts"(State Council Decree No.427No.), "Xinjiang Uygur Autonomous Region Agricultural Mechanization Promotion Regulations" and other laws and regulations, and "Central to Local Special Transfer Payment Management Measures"(Prepaid 〔2015>> 〕230No.)Measures for Handling Illegal Operation of Subsidy Products for Purchase of Agricultural Machinery(Trial)》(Farming 〔2017>> 〕26No.)Such as the relevant policy provisions, combined with the actual situation of the autonomous region, the formulation of these measures.

 

Article II These Measures shall apply to the handling of agricultural machinery production enterprises and distribution enterprises by administrative supervision measures within the administrative area of the autonomous region.(Hereinafter referred to“agricultural machinery production and marketing enterprises”)In participating in the autonomous region agricultural machinery purchase subsidy policy(Hereinafter referred to“subsidy policy”)Illegal operation of subsidized products in the course of implementation, as well as buyers who apply for subsidies for the purchase of agricultural machinery.(Hereinafter referred to“Buyer”)Participate in the investigation, identification and handling of the illegal operation of subsidized products.

 

Article III Agricultural, rural, financial and other departments at or above the county level shall be responsible for the illegal operation of subsidized products for the purchase of all kinds of agricultural machinery.(Hereinafter referred to“Violations”)As well as the Ministry of agriculture and rural agricultural machinery purchase subsidies illegal notification and blacklist database registered in the agricultural machinery production and marketing enterprises linkage processing.

 

Article 4 Agricultural, rural, financial and other departments at all levels, under the leadership and organization of the people's government at the corresponding level, carry out the handling of violations according to the division of responsibilities.

 

The investigation, determination, and handling of violations shall follow the principles of seeking truth from facts, fairness and justice, and procedural norms.

 

Article 5 The investigation and handling process of violations involves the promotion and appraisal of agricultural machinery, the quality of machinery and tools, the calculation of classification and classification and subsidy amount, the filing and filing of subsidized products, the verification of subsidized machinery and tools, and the payment of subsidized funds. Agricultural, rural, and financial departments at all levels coordinate and cooperate in accordance with the division of responsibilities, and work together to investigate and deal with violations.

 

CHAPTER II LIABILITY OBLIGATIONS

 

Article 6 Agricultural machinery production enterprises may independently determine and announce the distribution enterprises of subsidized products for the purchase of agricultural machinery. Enterprises that do not have the authority to sell agricultural machinery products shall not be selected, enterprises that are still within the period of suspension of the qualification for the distribution of subsidized products shall not be selected, and enterprises that have been disqualified from the distribution of subsidized products and blacklisted shall not be selected.

 

Agricultural machinery production enterprises shall guide and supervise their authorized distribution enterprises to comply with the provisions of the subsidy policy, and shall bear joint and several liability for the violation of the provisions of the subsidy policy by the distribution enterprises.

 

Article 7 Agricultural machinery production and marketing enterprises voluntarily participate in the implementation of subsidy policies, enjoy the legal rights stipulated in policies and regulations, and bear the following responsibilities and obligations.

 

(One)Comply with the relevant provisions of the subsidy policy, operate in accordance with the law, correctly perform the corresponding responsibilities and obligations, and shall not commit illegal acts such as fraud and compensation;

 

(II)Correctly publicize the subsidy policy, standardize the use of subsidized product signs, correctly guide buyers to purchase subsidized products, fair competition, and must not replace buyers to apply for false subsidy funds;

 

(Three)In accordance with the requirements of the subsidy policy, provide true and complete filing information materials to agricultural and rural departments, keep true and complete paper and electronic materials as required, supply agricultural machinery products that meet the relevant provisions of agricultural machinery identification and classification and filing, and save subsidized products purchase, Sales, inventory and other related information;

 

(Four)If it is found that the information of the file and the file is wrong, or the subsidy amount is too high, which affects the implementation of the subsidy policy, actively report to the agricultural and rural departments, take preventive and remedial measures in time, and make rectification in place;

 

(Five)Strictly implement the "agricultural machinery repair, replacement, return responsibility regulations"(Hereinafter referred to“Three Guarantees Provisions”), to ensure subsidized product quality and after-sales service. Refund to the purchaser in compliance with the regulations(Change)Goods requirements, first confirm that the purchaser has not yet received the subsidy or has returned the subsidy received to the financial department, and then handle the refund for him.(Change)goods, and take the initiative to report to the agricultural and rural, financial and other departments where the subsidy is issued;

 

(Six)Strictly implement the handling decisions of agricultural, rural, financial and other departments at all levels, bear the consequences of economic losses caused by violations of policies and regulations, and take the initiative to return subsidy funds involved in violations;

 

(Seven)Other related liability obligations.

 

Article 8 Agricultural machinery production and marketing enterprises shall issue written commitments to the agricultural and rural departments and the financial departments on the responsibilities and obligations they assume, and cooperate with and accept the supervision and inspection of the relevant departments on the fulfillment of the commitments.

 

Chapter III Types of Violations

 

Article 9 According to the seriousness of the circumstances, violations are divided into three categories: minor violations, serious violations, and serious violations.

 

Article X Minor violations mainly refer to non-subjective and intentional violations that cause minor harm to the implementation of the subsidy policy due to inadequate performance of responsibilities and obligations, and the offending companies can actively cooperate with the investigation and timely rectification. Mainly include:

 

(One)Due to improper operation or work errors, agricultural machinery production and marketing enterprises have entered wrong information in the aspects of subsidized product filing and information uploading, and have not yet declared subsidies, and actively found the report and corrected it in time;

 

(II)Subsidized products factory number, nameplate, certificate of approval, etc. are not standardized, in violation of agricultural machinery products“Three Guarantees”Regulations, not timely disposal or cause complaints;

 

(Three)The sales of subsidized products account records are not sound and accurate, the relevant files of subsidized products are not complete, or they are not kept in accordance with the prescribed time;

 

(Four)Other violations of agricultural machinery purchase subsidy policy, the circumstances are minor.

 

Article 11 Serious violations mainly refer to violations that are suspected of subjective intention, violation of promises, and have a greater impact on the implementation of agricultural machinery purchase subsidy policies. Mainly include:

 

(One)Upload error information in the agricultural machinery purchase subsidy auxiliary management system, and have declared subsidies;

 

(II)Exceptions such as excessive subsidies exist in subsidized products, failure to take the initiative to make a written report and declaration of subsidies;

 

(Three)Issued sales invoice price is higher than the actual sales price, high set of subsidy funds;

 

(Four)Forging, altering, tampering with or fraudulently using the nameplate, certificate of conformity, identification certificate and other information of the subsidized product;

 

(Five)The sale of subsidized products does not match the main parameter configuration of the statutory promotion appraisal report, including reducing the configuration, using small as large, and using non-subsidized products as subsidized products;

 

(Six)Failure to report and implement the refund of subsidy before refund as required(Change)The provisions of the goods make it difficult to recover the subsidy funds;

 

(Seven)Falsely publicizing the subsidy policy for the purchase of agricultural machinery, and inducing buyers to purchase products in the name of promising to enjoy the subsidy for the purchase of agricultural machinery;

 

(Eight)To handle the subsidy formalities for the illegal purchase of the machine;

 

(Nine)Other violations of agricultural machinery purchase subsidy policy, the circumstances are serious.

 

Article 12 serious violations mainly refer to violations suspected of subjective intention to defraud or arbitrage subsidy funds, which have a serious impact on the implementation of the purchase subsidy policy. Mainly include:

 

(One)Deliberately providing false information when subsidizing products for filing, or failing to provide complete information as required, resulting in products classified into higher grades, high subsidies and declared subsidies;

 

(II)Adopt illegal means such as false reporting, empty sets, multiple subsidies for one machine, and repeated subsidies to defraud financial subsidies;

 

(Three)To sell non-subsidized products as subsidized products and declare subsidies;

 

(Four)Organizing or inciting the purchase of aircraft, causing mass incidents and causing adverse effects;

 

(Five)Resist supervision in accordance with laws and regulations, refuse to accept or implement warnings, rectification within a time limit, return subsidy funds and other handling decisions made by agricultural, rural, financial and other departments, and fail to return all illegal subsidy funds within the prescribed time;

 

(Six)The subsidized agricultural machinery products are returned or exchanged, and the local agricultural and rural departments are not actively reported, which makes it difficult for the financial department to recover the subsidy funds;

 

(Seven)Other serious violations of the agricultural machinery purchase subsidy policy, the nature of the bad behavior.

 

Chapter IV Handling of Violations

 

Article 13 The types of administrative supervision and treatment of violations include: warning of violations in project implementation, notification of violations in project implementation, ordering rectification within a time limit, suspension of qualification for participation in agricultural machinery purchase subsidy projects, cancellation of qualification for participation in agricultural machinery purchase subsidy projects, and blacklist of untrustworthy enterprises in agricultural machinery purchase subsidy projects. Involving administrative punishment, by the relevant departments with law enforcement powers to investigate and collect evidence to verify the administrative punishment according to law. If the case constitutes a crime, it shall be transferred to a judicial organ.

 

Article 14 For minor violations, which fall under the circumstances of the first paragraph of Article 10, the agricultural and rural departments of the autonomous region shall file a case for investigation and impose a warning of project implementation violations, a notification of project implementation violations, and an order for rectification. In other circumstances under Article 10, the county(City)The agricultural and rural departments file a case for investigation, and according to the circumstances, impose a warning of project implementation violations, a notification of project implementation violations, and an order for rectification within a time limit. For failure to rectify or refuse to implement the rectification decision within the time limit, by the local(State)According to the circumstances, the agricultural and rural departments shall, in the region, suspend the subsidy qualification of relevant products of illegal production enterprises and the distribution qualification of subsidized products of illegal distribution enterprises, and report them to the agricultural and rural departments of the autonomous region for the record.

 

Article 15 For serious violations, the place authorized by the agricultural and rural department of the autonomous region(State)The agricultural and rural departments are responsible for filing a case for investigation, and the relevant counties(City)With the cooperation of the agricultural and rural departments, according to the investigation, the illegal enterprises shall be warned of project implementation violations, notified of project implementation violations, ordered to rectify within a time limit, suspended the subsidy qualification of related products of illegal production enterprises, and suspended the distribution qualification of subsidized products of illegal distribution enterprises, The decision of not enjoying the purchase subsidy within three years shall be imposed on the purchase of machine buyers who participate in serious violations, and report to the agricultural and rural departments of the autonomous region. The agricultural and rural departments of the autonomous regions shall make corresponding handling decisions within the autonomous regions according to the circumstances.

 

Article 16 For serious violations, the agricultural and rural departments of the autonomous region shall take the lead and be responsible for the place where the violations occurred(State)County(City)The agricultural and rural departments formed a joint working group to carry out special investigations. According to the circumstances, the illegal production enterprises were ordered to rectify within a time limit, cancel the relevant product subsidy qualification, suspend all product subsidy qualification, suspend the illegal distribution enterprise subsidy product distribution qualification, cancel the illegal distribution enterprise subsidy product distribution qualification, and include the illegal production and marketing enterprises, legal representatives, buyers and other relevant personnel on the blacklist of agricultural machinery purchase subsidy projects, permanent cancellation of participation in the implementation of agricultural machinery purchase subsidy policy.

 

Article 17 If subsidy funds are involved in the process of handling violations, the agricultural and rural departments shall promptly inform the financial departments at the same level, and jointly do a good job in the recovery of illegal subsidy funds. Illegal production and marketing enterprises shall voluntarily return the subsidy funds involved in the violation and accept the handling of the competent department.

 

Article 18 according to the information released by the Ministry of agriculture and rural areas in the notice of violation of agricultural machinery purchase subsidies and the blacklist database, the production and marketing enterprises that have been dealt with in violation of regulations in other provinces and autonomous regions may start the linkage treatment mechanism; when direct linkage treatment is adopted, the treatment measures in the place where the violation occurred shall be generally consistent.

 

Article 19 If an illegal enterprise that has been ordered to rectify within a time limit has completed self-examination and rectification within the rectification period, and has been verified by the agricultural and rural departments to confirm that the rectification is in place, its relevant subsidy qualification may be restored according to the circumstances.

 

Article 20 Where suspension measures are taken, the suspension period is generally set3more than a month,2After the expiration of the suspension period, after the written application of the enterprise, follow-up measures can be studied according to the procedure; after the expiration of the suspension period.6If the enterprise fails to receive a written application within three months, it shall be deemed that the enterprise has given up the relevant product subsidy qualification on its own and will not be restored in principle.

 

Article 21 If the relevant product subsidy qualification of the illegal production enterprise is canceled, its subsidy qualification shall not be restored.

 

Article 22 Before the subsidy qualification is suspended or canceled, the subsidy funds may be paid to the purchaser according to the prescribed procedures for subsidized products that have been purchased by the purchaser and no violations have been found after verification.

 

If the subsidy standard really needs to be adjusted, the agricultural and rural departments of the autonomous region shall reorganize the calculation and send a copy of the calculation results to the financial department at the same level.

 

Article 23 Those who actively cooperate with the investigation and report problems on their own initiative to effectively recover or mitigate losses may be treated with a lighter or mitigated punishment. Those who refuse to cooperate with the investigation, refuse to implement the relevant handling decisions, or repeatedly violate the rules shall be dealt with severely or aggravated.

 

Article 24 The agricultural, rural and financial departments at all levels may copy the relevant handling decisions to the relevant departments.

 

Chapter V Investigation and Handling Procedures

 

Article 25 Agricultural and rural areas at all levels, financial departments should promptly investigate and verify the relevant illegal clues. Sources of factual clues to violations of agricultural machinery purchase subsidies include: complaints reported by the masses, findings of supervision and inspection, transfer by higher authorities, reporting by lower authorities, and transfer by other relevant departments.

 

Article 26 when investigating and handling violations, agricultural, rural and financial departments at all levels shall standardize procedures, complete records and file one case at a time.

 

(One)Acceptance of registration. Violation clues transferred by superiors, transferred by other departments or reported by real names shall be registered and accepted. For anonymous reports and no specific clues, the study may not be accepted.

 

(II)Investigation and verification. For the cases that have been registered and accepted, or the clues found in the supervision and inspection, organize the investigation of the enterprises and related products suspected of violating the rules.

 

After preliminary investigation, for enterprises that have specific clues of violations and are suspected of violations, they can take preventive measures such as closing the products or enterprises involved in the agricultural machinery purchase subsidy auxiliary management system, and suspend their subsidy-related work.

 

During the period of investigation and evidence collection, investigation measures such as interviewing relevant enterprises and reading the sales accounts of subsidized products of relevant enterprises can be taken, and relevant enterprises should actively cooperate.

 

After investigation and verification, if it is confirmed that the relevant enterprises have no violations, they can notify the enterprises involved in writing and lift the closure of the auxiliary management system for agricultural machinery purchase subsidies, and resume their agricultural machinery purchase subsidies.

 

After investigation and verification, if it is believed that the complaint and report involves the functions and powers of other departments, it shall be handed over in accordance with the regulations; after the relevant departments have reached a conclusion, they shall be dealt with in accordance with the regulations.

 

(Three)The interview informed. Before making a decision to deal with the matter, interview the enterprises involved and inform them of the facts of the violation and the opinions to be taken. Those who do not accept the interview or do not cooperate with the interview within the prescribed time limit shall be deemed to have no objection.

 

(Four)Handle the notification. Based on the results of the investigation and interviews, a decision to deal with it is made and made public.

 

If the enterprise involved is verified by the transfer department to have new violations, the relevant agricultural and rural departments can further deal with it within the scope of their powers.

 

(Five)Complete filing. The undertaking department shall, in accordance with the requirements of file management in one case and one volume, review and archive the materials of the whole process of investigation and handling of illegal cases, and keep them for a long time.5To10Year. Relevant materials that have not been accepted for registration shall also be retained. Secret, in accordance with the relevant provisions of the secret management.

 

Chapter VI Supplementary Provisions

 

Article 27 These Measures shall be interpreted by the Department of Agriculture and Rural Affairs and the Department of Finance of the Autonomous Region.

 

Article 28 The term "early closure" as mentioned in these measures refers to a preventive measure that can first close the functions of input, audit and settlement in the auxiliary management system of agricultural machinery purchase subsidy after preliminary investigation and find specific illegal business clues and involve a large number or amount of enterprises.

 

Article 29 These Measures shall be implemented as of the date of promulgation. The original "Xinjiang Uygur Autonomous Region agricultural machinery purchase subsidy products business violations handling implementation measures(Trial)》(New Agricultural Machinery Office 〔2017>> 〕7No.)Abolition at the same time.

 

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