Advanced Search

The Commission Of Interim Measures For The Management Of Administrative Examination And Approval

Original Language Title: 国防科工委行政审批管理暂行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(Released on July 16, 2003, Committee on Science, technology and industry for national defense, 13th) Chapter I General provisions article in order to standardize administrative examination and approval, to improve administrative efficiency, promoting administration according to law, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with relevant laws and regulations as well as relevant provisions of the State Council's administrative examination and approval system reform, these measures are formulated.
    Second Committee on Science, technology and industry for national defense (hereinafter referred to as the Commission) by citizens, legal persons or other organizations on application made in accordance with law, law review, grant engaged in specific activities, recognized their eligibility qualifications of administrative examination and approval of establishment and implementation, should comply with these measures.
    Administrative examination and approval of establishment and implementation of article III should follow legal and reasonable, just open, streamlined and efficient, the principle of responsibility.
    Establishment and implementation of the fourth administrative examination and approval must strengthen advance research, process and ex-post evaluation evaluation of supervision and inspection, and insist on full argument, strictly, in accordance with the approval, scientific decision-making.
    Chapter II projects and the Elimination of the fifth set of administrative approval items, should be based on laws, administrative regulations, generally binding decisions of the State Council on the basis of, and adoption of the Commission regulations or normative documents on administrative examination and approval, conditions, procedures, deadlines and monitoring methods to be specific. The sixth section of the administrative approval items, by a study of the related functions of the Division, the specific content of administrative approval items should be included name, set according to the examination and approval procedures, etc.
    No legal and administrative regulations, generally binding decisions of the State Council as a basis, but the administrative approval items really necessary to set, with relevant functional departments should be suggested the administrative approval items at the same time, legislative proposals and administrative regulations (or the file) draft. Since the submission of the seventh article of the administrative approval items, legal work of the Commission of institutions shall verify the legality of, and in conjunction with the Office of the monitoring, personnel and other agencies on whether the administrative approval items consistent with reasonable audit, efficiency, responsibility, supervision, assessment.
    After they have been approved, Director of the National Defense Committee meeting consideration of the decision.
    Eighth to abolish administrative examination and approval of projects, by a study of the related functions of the Division, but should be justified and to develop appropriate follow-up monitoring measures, after examination by the Commission of Legislative Affairs Agency, Director of the National Defense Committee meeting consideration of the decision.
    Chapter III application and acceptance the Nineth except as related to State secrets, name of administrative examination and approval of projects, according to its conditions, procedures, terms, costs and the need to submit all of the material, the model text of the application should be publicized. The tenth administrative examination and approval to the application should be submitted in writing. Can be sent to the applicant, mailing, data messages, such as apply for administrative examination and approval.
    Involve State secrets, according to the relevant State regulations.
    Section 11th for matters within the scope for national defense duties and administrative examination and approval, application materials are complete and comply with the statutory format and procedures, Commission Secretary for administrative approval to host Board (hereinafter referred to as host departments) should be dismissed, and inform the applicant.
    Application does not fall within the scope for national defense duties and administrative examination and approval, or does not comply with the statutory procedures, contractors Division Board decisions should be made inadmissible, and inform the applicant. Application materials are incomplete or not in compliance with the statutory form, contractors Division shall be corrected within a reasonable time inform the applicant.
    No rectification or the applicant fails to correct the deemed application withdrawn. The fourth chapter reviews need to go through the trial and approval of the 12th article in accordance with the relevant provisions of administrative approval items, first instance bodies (units) shall within the period specified in the administrative approval items for review and comments and application materials are submitted to the Commission in the first instance.
    Contractors Division Board shall not require an applicant to repeat offers application materials. 13th administrative examination and approval to the application accepted, contractors Division Board should be carried out in accordance with the statutory conditions and procedures examination as to substance.
    Carry out a substantial review of the applications for administrative approval, should fully heed the views from all sides.
    14th involving more than two divisions of administrative examination and approval, it shall determine a Division lead, and which is responsible for uniform handling after consultation with the other relevant departments.
    Related functions of other departments under the State Council, contractors Division shall, in accordance with the relevant provisions and procedures, seek the views of relevant departments. 15th administrative approval items have clear provisions of the processing time, contractors Division Board should strictly from its provisions.
    Administrative approval items does not specify the processing time, contractors Division shall from the date of acceptance of the application in the 30th for substantive review, and make a decision according to the program; cannot make a decision in the 30th, may be extended upon approval by the competent Committee, but contractors Division Board should extend the review period and the reasons for the applicant.
    16th approved administrative applications, contractors Division Board should notify the applicant within the time limit stipulated in this article 15th, and explain the reasons. Hosted 17th Division Bureau of administrative approval items for which they are responsible should set up the complete files of the registration files and safekeeping.
    Files not involving State secrets, business secrets of registration materials, the applicant and other relevant staff can access.
    18th except as related to State secrets, contractors Division Board in administrative approval decisions are made, shall publish the results of the administrative examination and approval.
    Fifth chapter and responsibility article 19th administrative examination and approval system of law enforcement, and supervise the administrative examination and approval of project activities by the applicant, to abolish administrative examination and approval of follow-up regulatory measures for the supervision and inspection of the project.
    20th a citizen, legal person or other organization considers Commission of administrative examination and approval are violations of their legitimate rights and interests, can apply for administrative reconsideration or bring an administrative suit.
    21st do not need to retain the administrative approval items, should be lifted in accordance with the procedures laid down in article eighth; process not standardized, the condition does not clear, low efficiency of administrative approval items, should be improved in a timely manner.
    22nd article implementation of administrative approval items related to entrusted to other organizations according to law, contractors Division shall supervise its approval and bear responsibility for the consequences of its approval. Article 23rd administrative examination and approval system of accountability.
    Commission of monitoring body responsible for supervising the administrative examination and approval duties of staff, for violations of these rules, in accordance with the National Defense Committee of the interim measures for administrative approval liability holding them accountable.
    The sixth chapter supplementary articles article 24th of this approach on administrative examination and approval requirement, refers to working days, excluding holidays.
    25th article this approach by the Commission is responsible for the interpretation.
                                                                        26th article of the rules take effect on September 1, 2003.