National Tourism Administration Interim Measures For The Implementation Of Administrative Licensing

Original Language Title: 国家旅游局行政许可实施暂行办法

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(November 7, 2006 the National Tourism Administration announced 27th come into force on January 1, 2007) Chapter I General provisions article in order to standardize the tourism administrative license, protect the legitimate rights and interests of citizens, legal persons and other organizations, safeguard the national tourism administration effective implementation of administrative, in accordance with the People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law) and other relevant laws, administrative regulations, combined with tourism practice, these measures are formulated.
    Article administrative licensing of tourism in these measures refers to the national tourism administration by citizens, legal persons or other organizations (hereinafter the applicant) applications for review by the law, allowed to engage in specific activities.
    Travel article of an administrative license, shall comply with the administrative licensing law and the provisions of relevant laws and regulations and these rules.
    Article fourth tourism establishment of an administrative license, management, implementation, supervision and inspection, these measures shall apply.
    National Tourism Administration on other organs or the direct management of the institution's personnel, finance, Foreign Affairs and other matters approval of these measures shall not apply.
    Article fifth tourism administrative licensing shall be in accordance with statutory authority, scope, conditions and procedures, follow an open, fair, impartial, accessible, efficient, and principles of supervision and inspection.
    Provisions that are not published shall not be used as the basis for the implementation of administrative licensing.
    Article sixth tourist administrative licensing shall not be statutory conditions attached to any improper request.
    Seventh tour of administrative regulations and other documents, internal agency documents are not allowed to set administrative permissions.
    Tourism administrative regulations administrative license within the scope of the matters established by the upper law, specific provisions are made for the implementation of the administrative license, but no additional administrative permission; you can specifically provide for conditions of administrative licensing shall not establish contravenes a law other conditions. Article eighth administration needs, the National Tourism Administration considers necessary on matters relating to the implementation of administrative licensing, but not based on laws, administrative regulations or the State Council decided, shall make recommendations to the State Department.
    Proposed set of administrative licensing items shall be in conformity with the relevant provisions of the administrative licensing law.
    Chapter II implementation of the administrative licensing section of administrative licensing organ Nineth tourism within the statutory authority, to the Department on behalf of the unified implementation of the administrative license.
    National tourism administration organs and agencies are allowed to independently the implementation of administrative licensing on their behalf. Tourism in accordance with provisions of laws and administrative rules and regulations, may authorize the provincial, autonomous regional and municipal tourism administrative departments or other administrative authorities the implementation of administrative licensing.
    Consequences of the National Tourism Administration to delegate, shall bear legal responsibility.
    Entrusted with the provinces, autonomous regions and municipalities directly under the tourism administrative departments or other administrative authorities shall not subcontract.
    Tenth tourist administrative licensing, Business Division, respectively, by the head of Division is in charge, through the integration of, and relevant competent Department should be clearly fixed on the business office is responsible for work proposed.
    Necessary in conjunction with the other business divisions of administrative licensing items, specifically responsible for the operations division of the administrative licensing shall be coordinating, urging relevant division within the term.
    11th article NTA about business division specific is responsible for handle administrative license of main duties is: (a) accepted, and review administrative license application, and to NTA proposed decided recommends; (ii) Organization Administrative license hearing work; (three) served administrative license decided; (four) about administrative license of information statistics, and information public work; (five) provides public check out administrative license work archives service; (six) provides administrative license work business advisory service;
    (G) matters of administrative license in accordance with the licensee's supervision and inspection activities.
    National Tourism Administration is responsible for handling of administrative licensing Operations Division in carrying out the above responsibilities, the Division shall cooperate actively.
    Section II apply for and receive 12th tourism Administrative Division should be any administrative licensing matters, the basis, conditions, quantities, procedures, deadlines, and need all the material submitted to directories and application model in the public Internet and office space.
    Publicized to be described in the requirements of the applicant, explained, handling of administrative licensing Operations Division should indicate, explain and provide accurate and reliable information. 13th administrative licensing applications submitted to the National Tourism Administration administrative Licensing application, applications need to use rich text, the NTA should be provided free application format text.
    Application format text must not contain and apply for administrative licensing items not directly related to the content.
    Business Division of the national tourism administration handling of administrative licensing shall not require an applicant to submit any application material unrelated to the matters under administrative license. Entrusts an agent to apply for administrative licensing of the applicant should submit a power of attorney.
    Power of attorney shall set forth the matters entrusted and the authorized scope of the authorization.
    Operations Division of the national tourism administration handling of administrative license shall be for the applicant by letter, telegram, telex, electronic data interchange and e-mail for administrative license application for convenience. 14th according to law should be reviewed by the provincial tourism Administration reported to the NTA decision after the administrative license, the provincial tourism Administration Department shall accept the applicant's application and conduct a preliminary review. Materials submitted by the applicant, in compliance with the statutory form, you should complete the review within the statutory time limit and preliminary review comments and submit all application materials directly to the national tourism administration.
    Tourism provided administrative license applicant shall not be required to repeat the application materials.
    Applicants apply directly to the National Tourism Administration administrative licensing matters prescribed in the preceding paragraph, the NTA is inadmissible, submit an application and inform the applicant by the provincial tourism administration.
    15th applications should review the following matters: (a) for matters within the scope administrative licensing in this sector to accept, (ii) applicant's or agent's identity documents and power of Attorney is valid; (c) the application clearly attached to the signature or seal of the applicant; (d) the materials submitted by the applicant meets the admissibility requirements of the application. 16th article NTA on applicants proposed of administrative license application, should according to following situation respectively made processing: (a) application matters law not need made administrative license of, should rates told applicants not accepted, and to its issued administrative license application not accepted decided book; (ii) application matters law not belongs to this sector terms range of, should rates made not accepted of decided, to applicants issued administrative license application not accepted decided book; (three) application material exists text, and Calculation of errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot, and told the unit is modified and (iv) application materials are incomplete or not in compliance with the statutory form, shall inform the applicant or 5th need correction in its entirety.
    Fails to inform, shall be accepted as of the date of receipt of the application materials; (v) applications fall within departmental mandate, application materials are complete and comply with the statutory format or correction materials submitted by applicants in accordance with the requirements of the Department, shall accept administrative licensing applications and issue a written decision on the administrative license applications to applicants.
    Issued by the national tourism administration of the written documents shall be stamped with the seal of the national tourism administration, and dated.
    17th administrative licensing applications received and processed, the contractor personnel should be on file for reference. Section III examines the 18th, is responsible for the authenticity of an applicant to submit the application materials.
    NTA generally take the form of written examination to review the application materials submitted by the applicant.
    Are required by law to verify the substance of the application materials, verify the CNTA should send more staff, and on-site examination or inquiry record.
    On-site examination shall truthfully record verification of time, place, participants, and content, and signed by the inspectors.
    When you need to ask the party or person concerned verification, inspectors shall produce documents, identification, asking after is checked by asking people, the record shall be signed or sealed. Article 19th tourism administrative license shall pay attention to listen to citizens, legal persons or other organizations statements and pleadings. Administrative Licensing application review and found that the administrative licensing items directly related to the vital interests of others and shall inform the interested person before deciding. Applicant or interested party has the right to make statements and to defend themselves. Administrative permit staff to the applicant or interested party for the oral presentation and to defend themselves, shall draw up a statement, defence record. Management departments should be the applicant, reviewed the facts, the reasons put forward by the interested.
    Establishment of the facts and reasons, should be adopted.
    20th National Tourism Administration to review the administrative Licensing application, for the applicant to submit the application materials are complete, in compliance with the statutory form, able to make decisions on the spot, shall make a written decision on the administrative license; cannot make decisions on the spot, should be made within the statutory time limit in accordance with the prescribed procedures of administrative licensing decision.
    Article 21st of the applicant's application meets the legal conditions and standards, the NTA shall make a written decision on approving an administrative license; applicant's application does not meet the legal conditions and standards, the NTA shall make no written decision of administrative licensing.
    National Tourism Administration made no written decision of administrative license according to law, it shall explain the reasons and inform the applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Written decision of administrative licensing shall specify the timing of decisions, and affix the seal of the national tourism administration. 22nd article NTA made granted administrative license of decided, law need issued administrative license documents of, should to applicants issued stamped NTA seal of following administrative license documents: (a) license, and license or other license book; (ii) qualification card, and qualification card or other qualified certificate; (three) approved file or proved file; (four) legal, and regulations provides of other administrative license documents.

    Article 23rd administrative license? shall specify the document name, issuing authority name, licensee name, administrative license and certificate number, issuing date, documents, and other matters. 24th decision on the administrative license according to law that has the force of law.
    Not be changed without going through statutory procedures already in force the administrative license. Administrative license law, rules and regulations amended or annulled, or approving an administrative license is based on the significant changes in the objective circumstances, required in the public interest, the NTA entry into force according to law for amendment or cancellation of administrative license.
    Thus causing property damage to citizens, legal persons or other organizations, should be compensated according to law.
    25th an application for administrative license holder to hide relevant information or provides false information to apply for an administrative license, the NTA is inadmissible or refusing to license, and give a warning; administrative license is directly related to public safety, personal health, safety of life and property, the applicant shall not apply again for the administrative license within a year.
    26th National Tourism Administration made an administrative decision, shall be published in the public media, and allowing public access. Fourth day hearing of 27th laws, regulations or rules provide for the implementation of administrative licensing matters should be hearing or hearing of National Tourism Administration considers necessary major administrative licensing matters concerning public interest, the NTA should be in the area of administrative licensing items related to publish notice of the hearing, and hold a hearing.
    Hearing notice shall clearly hearing matters, a hearing takes place, location, participants requested and when and how to apply, and so on.
    28th administrative licensing directly related to the vital interests of relationship between the applicant and others, the NTA shall issue a notice of administrative permission hearing, advise the applicant or interested party has the right to request a hearing.
    29th the applicant or interested party to request a hearing shall, upon receipt of the national tourism administration of the administrative license hearings notice of the written material submitted to apply for a hearing within the 5th; fails to submit, operate as a waiver of hearing rights.
    30th National Tourism Administration should be receiving applicants, interested parties apply for written material in the 20th hearing of the testimony and hearings before the 7th, issued the notice of administrative permission hearing, matter, time, and place of the hearing notice to the applicant or interested party.
    31st hearing by the National Tourism Administration from engaging in specified in the administrative permit staff outside the civil service.
    Article 32nd review staff of administrative permission hearing shall be held in the 5th administrative licensing review submitted to the hearing of evidence, reasons, and all other materials.
    33rd article hearing according to following program public for: (a) host announced venue discipline; (ii) check hearing participate in people name, and age, and identity, told hearing participate in people right, and obligations; (three) license review people proposed license review views of evidence, and reason; (four) applicants, and interest relationship people for defence and quality card; (five) license review people and applicants, and interest relationship people on has dispute of facts for debate; (six) license review people and applicants, and interest relationship people for last statement;
    (VII) the moderator announced that the hearing was suspended, delayed or ended.
    Article 34th for applicants, interested persons or their authorized agent without justification does not appear at the hearing or give up the defence and the right to cross-examination to quit hearing, the presiding hearer may announce the hearing cancellation or termination of the hearing. 35th record of the hearing officer shall make a written record of the entire hearing, signed by the presider and recorders. Hearing shall be subject to participants in the hearing after the confirmation or correction, signed or sealed by the participants in the hearing.
    Participants in the hearing refuses to sign or seal, the hearing officer written, be set out in the hearing record. 36th tourism should be based on the hearing and make a decision on the administrative license.
    In the hearing are not certified, documented facts or evidence submitted by the applicant after the hearing, the NTA may be inadmissible.
    37th article of the hearing shall be held in accordance with law without holding a hearing, according to the request of the interested party or ex officio, and can annul of an administrative license, which caused damage to the legitimate rights and interests of the parties, shall compensate for revocation of administrative licensing are likely to cause significant harm to the public interest, it shall not be annulled. Fifth section terms and served on the 38th article outside of administrative licensing decisions are made on the spot, the NTA shall accept administrative licensing applications within 20th of administrative licensing decisions are made.
    20th cannot make a decision, approved by the national tourism administration, extension of the 10th, and issue a notice of the decision on the administrative license extension to the applicant and informed reasons for extension.
    Laws and regulations for the licensing terms provide otherwise, in accordance with its provisions.
    39th National Tourism Bureau make a decision on the administrative license, legally required, inspection, verification and expert review of the hearing, not counting the time required within the time provided in this chapter, but should be required to inform the applicant in writing.
    40th NTA decision approving an administrative license is made, shall take a decision within 10th of the applicants will be issued, service certificates for administrative license, or labelling.
    41st tourism administrative departments administrative licensing decisions, as well as other instruments of administrative licensing shall, in General, by the addressee to the travel Administration Office directly to get.
    The addressee receives a direct licensing, as well as other instruments of administrative license, shall be indicated on the certificate of service date of receipt, and signature or seal. 42nd article by served people not directly received administrative license decided and other administrative license instruments Shi, tourism administration sector can take following way served: (a) mailing served, to post office receipt Shang indicate of received pieces date for served date; (ii) by served people refused to received administrative license instruments of, served people should in served back card Shang remember Ming rejected of causes and date, by served people, and about grass-roots organizations or where units of representative and the other witnesses signature or sealed, Put administrative license instruments left in by served people of transceiver sector or residence, considered served; witnesses unwilling to in served back card Shang signed or sealed of, served people in served back card Shang remember Ming situation, put served instruments left in by served people residence, considered served; (three) directly served has difficult of, can delegate local tourism administration sector served; (four) cannot take above way served, or same served matters of by served people many of, can in announcement bar, and by served people residence to posted announcement, You can also publish a notice in the press.
    After 60 days from the date of announcement, the service shall be considered.
    Chapter III of the 43rd national tourism administration according to law the supervision of the licensee the licensee is engaged in the activities of administrative licensing items for inspection.
    44th National Tourism Administration should guide the licensee establish self-examination system, and supervise the licensee in accordance with the system of self-examination, critical self-examination report urged licensee tourism administrative departments for the record.
    Article 45th supervision does not impede the normal production and operation activities of the licensee.
    Article 46th administrative permission law 69th circumstances listed in the article, the NTA requested by the interested party or ex officio, and can annul of an administrative license.
    Licensee by fraud, bribery or other improper means an administrative license shall be revoked.
    Annul of an administrative license in accordance with the preceding two paragraphs, may cause significant harm to the public interest, it shall not be annulled. In accordance with the provisions of the first paragraph of this article annul of an administrative license, licensee's lawful rights and interests are harmed, tourism administrative departments shall provide compensation.
    In accordance with the provisions of the second paragraph of this article of the annul of an administrative license, the licensee based on administrative permission make benefit from protection. 47th National Tourism Administration, supervision and inspection of the circumstances and consequences should be recorded after being signed by the inspectors from the archive.
    The public right of access supervision and inspection records.
    48th 70th circumstances listed in section the administrative licensing law, the NTA shall handle the cancellation of an administrative license.
    49th licensee to deception, bribery or other improper means an administrative license, the National Tourism Administration will be given administrative punishments according to law; obtaining administrative permits is directly related to public safety, personal health, safety of life and property, the applicant shall not apply again for the administrative license within three years.
    50th licensee has the administrative licensing law article 80th, 81st, one of the circumstances listed in, the National Tourism Administration will be given administrative punishments according to law constitutes a crime, criminal responsibility shall be investigated according to law.
    Fourth chapter accountability 51st National Tourism Administration, the implementation of administrative licensing shall set up accountability.
    Authorities responsible for the implementation of administrative license and its staff in the implementation of the administrative licensing process or supervise the administrative relative person permit process, in violation of national laws, regulations and provisions, to citizens, legal persons or other organizations causing property damage or adverse social impact, shall bear legal responsibility. 52nd article NTA on its staff has following violation administrative license method provides of behavior of, ordered corrected; plot serious of, give administrative sanctions: (a) on meet statutory conditions of administrative license application not accepted of; (ii) is not Office places publicity law should publicity of material of; (three) in accepted, and review, and decided administrative license process in the, not to applicants, and interest relationship people perform statutory told obligations of; (four) applicants submitted of application material not complete, and not meet statutory form, Do not inform the applicant must correct everything at once; (e) failing does not accept administrative licensing applications or not grounds for the administrative license; (f) the hearing shall be held in accordance with law without holding a hearing.

    53rd article NTA on its staff has following violation administrative license method provides of behavior of, ordered corrected and can give administrative sanctions, constitute crime of, transferred judicial organ processing: (a) beyond terms or violation provides program implementation administrative license of; (ii) asking for or accept administrative license applicants or other interest relationship people bribery of; (three) interception, and misappropriated, and privately or disguised privately implementation administrative license law charged of costs of; (four) not in provides time within made administrative license decided of;
    (Five) not perform statutory of administrative license duties, serious against administrative license applicants or other interest relationship people lawful rights and interests of of; (six) on involved national interests, and public interests, and personal security, major matters of administrative license, negligence, engages in, dereliction of, and malfeasance or serious not responsible made license decided of; (seven) in implementation administrative license process in the unauthorized charges or not by statutory project and standard charges of.
    54th illegal travel violations of administrative license citizens, causing property damage to the legitimate interests of legal persons and other organizations shall be in accordance with the People's Republic of China on State Compensation Act compensation.
    Chapter fifth supplementary provisions 55th article of the rules of implementation of the administrative license period to working days, excluding holidays.
    56th article of the rules implemented on January 1, 2007. Annex: 1, and NTA administrative license application accepted decided book style 2, and NTA administrative license application not accepted decided book style 3, and NTA administrative license hearing told book style 4, and NTA administrative license hearing notice style 5, and NTA administrative license decided extension notice style 6, and NTA granted administrative license decided book style 7, and NTA not administrative license decided book style 8, and 国家旅游局撤销行政许可决定书》样式

    附件1:
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                      国家旅游局行政许可申请受理决定书

                                                      旅许可(  )  号
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                            :

    你 (Units) on administrative Licensing application, I am on the day of receipt.

    Upon review, in accordance with the People's Republic of China administrative licensing law and the National Tourism Administration provisions of the interim measures for the implementation of administrative licensing, I shall accept, accept administrative Licensing application serial number.

                                                               By procuration. (印)
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                    国家旅游局行政许可申请不予受理决定书

                                                       旅许可(  )  号
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                            :

    你(单位)关于             的行政许可申请,我局于    年    月    日收悉

    Upon review, (here specify what kind of inadmissible cases) under the People's Republic of China administrative licensing law and the National Tourism Administration provisions of the interim measures for the implementation of administrative licensing, I decided not to accept.

                                                                You (units) of this decision, he may know I made inadmissible to me within 60 days from the date of the decision on the administrative license may apply for administrative reconsideration or know not to accept administrative licensing to the Court within three months from the date of the decision. (印)
                                                            年    月    日
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    附件3:
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                        国家旅游局行政许可听证告知书

                                                      旅许可(  )  号
━━━━━━━━━ ━━━━━━━━━━━━━━━━━━━━━━━━━━━━: I review (the applicant) on the administrative Licensing application process and found that the application relates to you (in) significant benefits. According to the People's Republic of China on administrative licensing law and the national tourism administration of the provisions of the interim measures for the implementation of administrative licensing, you () have the right to apply for a hearing.
    After the receipt of this notification, please written material submitted to apply for a hearing within the 5th; fails to submit, operate as a waiver of hearing rights.
    By procuration. 附:申请书(及申请材料)

                                                                (印)
                                                            年    月    日
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                        国家旅游局行政许可听证通

    知书

                                                     旅许可(  )  号
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                             :

    我局将于    年  月  日  时在   (地点)就    (申请人)关于        的行
政许可申请举行听证。

                                                               Notice is hereby given that. (印)
                                                           年    月    日
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                      国家旅游局行政许可决定延期通知书

                                                       旅许可(  )  号
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                           :

    你(单位)关于             的行政许可申请,我局已于    年    月    日受
理。

    Because of the following reason (give reasons for extension) under the People's Republic of China administrative licensing law and the National Tourism Administration provisions of the interim measures for the implementation of administrative licensing, approved by the Bureau head, extension of the review period, date and will make a decision.

                                                             Notice is hereby given that. (印)
                                                         年    月    日
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                        国家旅游局准予行政许可决定书

                                                      旅许可(  )  号

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                             :

    你(单位)关于        的行政许可申请,我局于   年   月   日受理。

                                                               Upon examination, the decision to grant you (units) of the administrative license. (印)
                                                           年    月    日
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                        国家旅游局不予行政许可决定书

                                                     旅许可(  )号

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                             :

    你(单位)关于       的行政许可申请,我局于    年   月   日受理。
    Upon review, (here state reason for disapproval) under the People's Republic of China Law on administrative licensing and (relevant laws, regulations and rules) of the, I decided not to license.

                                                              You (units) of this decision, within 60 days from the date of receipt of this decision to apply for administrative reconsideration of our Bureau, or in a suit before a people's Court within three months. (印)
                                                          年    月    日
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                        国家旅游局撤销行政许可决定书

                                                        旅许可(  )  号

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━: You (the unit) on the day of obtaining administrative permits, upon review, Department of (here state obtained in violation of).
    According to the People's Republic of China Law on administrative licensing provisions of paragraph article 69th, I decided to be rescinded.

                                                             You (units) of this decision, he may, within 60 days from the date of receipt of the written decision of the Bureau may apply for administrative reconsideration or in a suit before a people's Court within three months.
                                    (印)
                                                         年    月    日
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