People's Republic Of China For Customs Administrative License Hearings Approach

Original Language Title: 中华人民共和国海关行政许可听证办法

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(December 15, 2005 the General Administration of Customs announced the 136th since as of February 1, 2006) Chapter I General provisions article in order to standardize the Customs is the implementation of administrative licensing activities, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China relevant provisions of the administrative licensing law, these measures are formulated.
    Article customs at a hearing before making a decision on the administrative license according to law, these measures shall apply.
    Article laws, administrative regulations, hearings on customs administrative license shall be provided by the General Administration of customs regulations, Customs shall hold a hearing.
    Directly related to the allocation of public resources, providing public service, major administrative licensing matters concerning public interest, customs deems it necessary to hold a hearing, the hearing may be held.
    Hearings on Customs according to the provisions of the preceding two paragraphs, shall be announced to the public before the hearing.
    Fourth article customs administrative licensing directly related to the administrative Licensing application and other significant interests, administrative license applicant or interested party hearing request in accordance with law, the Department shall hold a hearing.
    Article fifth hearings on customs administrative licensing shall follow the open, fair, just and convenient principle.
    Sixth article customs departments responsible for the implementation of administrative licensing matters hearings on customs administrative licensing activities.
    Legal departments are responsible for the Customs and Excise administrative license hearings of the guidance, coordination, and so on.
    Article seventh hearing should facilitate customs management and customs office held with the participation of the public.
    Article eighth involving State secrets, business secrets or customs work secret, the hearing shall be held in public.
    Nineth article customs must according to the findings of fact made in the hearing record customs administrative licensing decision.
    Second chapter customs announcement Hou held of hearing tenth article customs according to this approach third article of provides in hearing Qian to social for announcement of, announcement should contains Ming following content: (a) customs administrative license matters name; (ii) administrative license application people basic situation; (three) administrative license application of main content; (four) application participate in customs administrative license hearing of applicants should has of conditions; (five) proposed application of way; (six) other need in announcement in the column ming of matters.
    11th period of notice of the hearing was held on 30th.
    Customs administrative licensing items with special time requirements of a hearing, the hearing in accordance with the relevant provisions of that period.
    12th to apply for customs personnel of the notice of hearing shall comply with the following conditions: (a) have full capacity for civil conduct, (ii) was not deprivation or restriction of political rights according to law.
    Hearing of customs administrative licensing items have special requirements for persons participating in the hearing, should be specified in the notice of hearing.
    13th article application participate in customs by announcement held of hearing activities of, should in hearing announcement period expires zhiqian to customs submitted following corresponding material: (a) customs administrative license hearing participate in applications (see annex 1); (ii) corporate or other organization of registered registration documents copies; (three) participate in personnel of effective ID pieces copies; (four) meet participate in hearing conditions of other proved material.
    Submit photocopies, shall also submit the original.
    14th article customs customs administrative licensing items shall be carried out according to a hearing of the content, nature and other objective criteria, determines the persons participating in the hearing.
    Determined by the Customs to the hearing officer (hereinafter referred to as participants in the hearing) should be able to ensure the universality and representativeness of the hearing.
    15th the Customs shall from the date of expiry of the period of notice of the hearing in the 20th hearing.
    Chapter III request hearing to be held 16th to the provisions of this article fourth of administrative licensing items and customs before making the decision on the administrative license shall notify the customs administrative license applicants, interested parties have the right to request a hearing.
    17th told Customs administrative license applicants, interested parties enjoy hearing rights, Customs shall provide the administrative license applicants, interested parties made and of the hearings on customs administrative license notice (hereinafter referred to as the notice of hearing, see annex 2) and affix Customs seal for the exclusive use of administrative licensing.
    Of the notice of hearing shall include the following elements: (a) relating to customs matters under administrative license and their assignments according to, (b) customs administrative Licensing application and the main content of administrative Licensing application; (iii) customs administrative license applicant or interested party hearing rights and hearing requirements set out in the term.
    18th article customs administrative license applicants, interested parties requested a hearing, shall from the date of receipt of the hearing notice to submit to the Customs the customs within the 5th administrative license hearings of applications (hereinafter referred to as the hearing of applications, see annex 3), the hearing requirements set out and the reasons, and shall be signed or sealed.
    19th article customs administrative license applicant or interested party hearing request fails, waived a hearing rights.
    Applications for administrative license hearings, interested parties expressly waive rights of persons, Customs will be able to show that the administrative license applicant or an interested person has expressly waives right to hearing evidence into the relevant administrative license files, or written in administrative license files.
    The 20th article customs administrative license applicant or interested party hearing an application made in accordance with article 18th of this approach, the Customs shall from the date of receipt of the application for the hearing on 20th hearing.
    21st article customs administrative license applicant or an interested person without valid reason for more than this period provided for in article 18th hearing applications or custom administrative license applicants, interested parties other than the citizens, legal persons or other organizations apply for hearing, the Customs may not organize the hearing.
    Not hearing it shall issue the notification of hearings on customs administrative licensing is not (see annex 4), set forth the grounds and affix Customs seal for the exclusive use of administrative licensing.
    22nd large numbers of interested persons apply for a hearing under section, chosen by the interested person on behalf of or by the drawing of lots to determine, inter alia, representatives attending the hearing.
    Fourth chapter hearing program 23rd article customs should Yu held hearing of 7th Qian will following matters notification customs administrative license application people, and interest relationship people or hearing participate in people: (a) hearing causes; (ii) held hearing of time, and locations; (three) hearing host, and hearing personnel and the records member of name, and identity; (four) about delegate agent, and application avoided, program right.
    Customs notice above shall make and issue the notification of hearings on customs administrative licensing (see annex 5), and affix a Customs seal for the exclusive use of administrative license and, if necessary, shall be published.
    24th article customs administrative license applicant, interested parties or participants in the hearing shall be in accordance with the participation of Customs notice of the time and place of the hearing.
    25th article customs administrative license applicant, interested parties or participants in the hearing may appoint 1 or 2 agent to attend the hearing, but qualification, qualification and other administrative licensing items shall not delegate others to participate in the hearing.
    26th article principal-agent to attend the hearing, and should submit a power of attorney to the Customs before the hearing. Power of attorney should specifically set forth the following: (a) the summary of principal and agent.
    Client or agent is corporate or other organization of, should contains Ming name, and address, and phone, and postal code, and statutory representative or head of name, and positions, delegate people or agent is natural of, should contains Ming name, and gender, and age, and career, and address, and phone and postal code; (ii) agent on behalf of proposed hearing application, and submitted evidence material, and participate in hearing, and withdrawn hearing application, and received legal instruments, permission; (three) delegate of start date; (four) delegate date and client signed chapter.
    27th article customs administrative license applicants, interested or informed participants in the hearing without justified reasons in accordance with the customs of the time, place, attend the hearing, has not attended Customs notice, waived a hearing rights, Customs shall, on the relevant administrative records written in the license file.
    28th article implementation of administrative license hearings of the Customs Department shall specify 1 hearing, responsible for organizing the hearings.
    Hearing can optionally specify 1 to 2 hearing officers to assist the work and appointed as the recorder.
    29th the presiding hearer, hearing officers and reporters should review the administrative permit application other than specified in the staff.
    The presiding hearer, hearing officers and reporters interested with the administrative licensing items shall apply for withdrawal; customs administrative license applicants, stakeholders or participants in the hearing and their agents can apply for his withdrawal.
    30th hearing avoided by implementation of administrative license hearings of the Customs head of decision implementation Department head of hearing to hearing, his withdrawal decided by the head of customs at hearings.
    Hearing officers and reporters avoided by the hearing officer decisions.
    31st under any of the following circumstances, the Department may decide to postpone the hearing: (a) hearing due to force majeure or other objective reasons cannot be held, (b) Customs and Excise administrative Licensing application, interested people apply for postponement of the hearing, justified, and (iii) interim decision the presiding hearer, hearing officers, or record who intends, cannot determine the replacement candidates on the spot.
    Postponed hearing, the Customs authorities shall notify the customs administrative license applicants, interested parties or participants in the hearing, and explain the reasons.
    Customs shall, on the date of the postponed hearing the cause of 5th hearing, and notify the customs administrative license applicants, interested parties or participants in the hearing. 32nd hearing in accordance with the following procedures: (a) the hearing officer announced the beginning of the hearing, and announced a hearing; (b) the hearing officer introduces himself, hearing officer, Clerk's identity, position;

    (Three) hearing host announced customs administrative license application people, and interest relationship people or hearing participate in people, and check its identity; (four) told Customs administrative license application people, and interest relationship people or hearing participate in people about of hearing right and obligations; (five) customs administrative license application people, and interest relationship people or hearing participate in people application hearing host avoided of, hearing host should announced suspended hearing, reported to the about head decided; application hearing personnel, and records Member avoided of, by hearing host spot decided;
    (Six) announced hearing order; (seven) review customs administrative license application of staff statement review views and according to, and reason, and provides corresponding of evidence; (eight) customs administrative license application people, and interest relationship people or hearing participate in people can statement himself of views, proposed evidence, can for defence and quality card; (nine) hearing host can on review customs administrative license application of staff, and customs administrative license application people, and interest relationship people or hearing participate in people for asked;
    (10) review of staff of administrative Licensing application, the Customs and Excise Administration license applicants, interested parties or participants in the hearing can sum up the statements, (11) the hearing officer announced the end of the hearing.
    Article 33rd in the course of the hearing, due to force majeure or other objective reasons cannot continue to hold a hearing, the hearing officer shall decide to suspend the hearing.
    Suspension hearing, the Customs shall make a written record in the hearing transcripts.
    Hearings on Customs should be suspended from the date of the cause of recovery within the 5th hearing, and notify the customs administrative license applicants, interested parties or participants in the hearing.
    Article 34th in the hearing process, the customs administrative license applicants, interested parties without a hearing officer agreed to withdrew from the hearings, the Customs shall terminate the hearing.
    35th article by announcement held of hearing, has following case one of, but not effect hearing participate in people generalized, and representative of, hearing not extension, and suspended or terminated: (a) part hearing participate in people application extension; (ii) part hearing participate in people no due reason not according to announcement provides of time, and locations participate in hearing; (three) part hearing participate in people without hearing host agreed, Midway exit hearing field of.
    Article 36th record shall be kept of the hearing. Hearing record should records following matters: (a) hearing causes; (ii) held hearing of time, and locations; (three) customs administrative license application people, and interest relationship people or hearing participate in people of name or name; (four) hearing host, and hearing personnel, and records member and review customs administrative license application of staff of name; (five) application avoided of situation; (six) review customs administrative license application of staff of review views, and according to, and reason and the corresponding of evidence; (seven) customs administrative license application people, and
    Interested persons to present and defend themselves and cross-examined; (h) other matters to be recorded. Hearing transcripts should be made by the Customs Administration license applicants, interested parties or participants in the hearing to confirm correct signature or seal.
    Disagrees with the content of the records can be corrected on the spot confirm signature or seal.
    Customs administrative license applicants, stakeholders or participants in the hearing without justified reason refuses to sign or seal, by the hearing officer indicated on the hearing.
    Fifth chapter by-laws 37th of announcements in accordance with these regulations, the original of the instrument should be posted in the Customs Bulletin and publish a notice in the newspaper.
    Article 38th of hearing time excluding customs administrative licensing decisions are made within the time limit.
    39th organization hearings on customs administrative license fee shall be borne by the customs.
    Customs administrative license applicants, stakeholders or participants in the hearing do not bear the cost of hearing.
    40th article of the rules of "5th", "7th" and "20th" working days.
    41st interpret this approach by the General Administration of customs.

    42nd these measures shall come into force on February 1, 2006.

    Annex 1: = application for hearings on customs administrative permission to attend ________ Customs: under the People's Republic of China on administrative licensing law article 46th, now your ____ _________ closed under review of administrative licensing matters concerning application for participation in the administrative license hearings.
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                         中华人民共和国       海关 行政许可听证告知书

                                   (  )关(  )年许可听告字第(  )号
────────────────────────────────────
申请人_____________:
利害关系人_____________:
    申请人_____________于____年____月____日 _____________________ Customs administrative Licensing application to the me (setting is based on). Upon review, the administrative licensing items directly related to applicants and interested parties ______________ of vital interests. According to the People's Republic of China Law on administrative licensing provisions of 47th, is informed on relevant matters are as follows: the applicant and interested parties have the right to request a hearing.

                                                       Applicants and interested parties to request a hearing, shall, from the date of receipt of this notification to submit to me in the 5th of the customs applications for administrative license hearings. (Print) year month day =tbl/> annex 3: = customs applications for administrative license hearings of ____________ Customs: are you on the date of issue of the administrative license hearings of the Customs notice (() off () year license to tell Word ()) have been received. Are in accordance with the People's Republic of China Law on administrative licensing, applied for hearings, for the following reasons: the applicant: date of XXX =tbl.> Annex 4: = people's Republic He Guo customs administrative license not hearing notice () shut () years license listening to not word subsection (),-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the _____________: you/you units submitted of administrative license hearing applications, I shut has Yu years day received, by review, the Shen
    Not in conformity with the People's Republic of China Law on administrative licensing, it was decided that the Customs Administration to which the application relates not license hearings.

                                                       Not satisfied with the decision, he may, within 60 days from the date of receipt of this notice to the Customs (Customs) may apply for administrative reconsideration or within three months from the date of receipt of this notice __________ intermediate people's Court in administrative proceedings.   (印)

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                        中华人民共和国          海关
                             行政许可听证通知书

                                (  )关( ) Years license listening to pass word subsection (),-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the applicants ____________: interest relationship people (hearing participate in people) _________________: according to People's Republic of China administrative license method 46th article/47th article of provides, I shut decided on ______________ customs administrative license matters held hearing, now on about matters notification following: 1
    Held, date of hearing is scheduled in; 2 the hearing of hearing: title: hearing officers: duties: recorder as follows: title: considers that the presiding hearer, hearing officers and reporters and administrative license has a stake, for its withdrawal.
    3, commissioned others to participate in a hearing, the hearing shall be held before I submit a power of attorney.

                                                       Notice is hereby given that.
                                                                      (印)

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