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XI administrative procedures
(March 4, 2013 Xian municipal government consideration at its 43rd Executive by March 25, 2013 101th in XI ' an city people's Government promulgated as of May 1, 2013) Chapter I General provisions
First in order to standardize the procedures for implementation of administrative acts of the Executive, administrative organs shall exercise their powers to improve administrative efficiency, and protect the legitimate rights and interests of citizens, legal persons or other organizations, in accordance with the relevant laws and regulations, combined with the city's actual, these provisions are formulated.
Second City Executive Organization authorized by laws, regulations and rules when exercising the executive powers, these provisions shall apply.
When commissioned by the principal organization in the exercise of powers according to law, shall comply with this regulation.
Otherwise provided for by laws, regulations, administrative procedures, from its provisions.
The third municipal, district (County) shall be responsible for the implementation of these provisions within the administrative area.
Municipal, district (County) of legal institutions and departments under rule of law institutions responsible for the implementation of this provision.
Fourth administrative organs should be equal treatment of citizens, legal persons or other organizations.
Fifth, an administrative authority shall exercise the executive powers basis, process and results are open to citizens, legal persons or other organizations involved except State secrets, business secrets and personal privacy.
Involving rights and obligations of citizens, legal persons or other organizations, administrative documents, materials, should be allowed to query.
Sixth administrative organs the implementation of administrative acts which may affect the legitimate rights and interests of citizens, legal persons or other organizations, except in special circumstances as specified by law, shall be notified prior to it, note made basis and reasons for administrative acts, and listen to their statements and to defend themselves.
Article seventh executive administrative acts, shall comply with the statutory time limits, actively perform their statutory duties, improve efficiency, for the citizens, legal persons or other organizations to provide convenient, fast and quality service.
VIII a citizen, legal person or any other organization shall have the right to participate in administration, comments and suggestions.
Administrative authority shall, in an appropriate manner inform the parties, interested parties have the right to participate, and for its convenience.
Nineth Executive Administration can use a variety of measures to achieve the objective, you should select the interests of citizens, legal persons or other organizations a minimum of measures.
Tenth administrative organs the implementation of administrative acts, should follow the principle of trust protection, protection of citizens, legal persons or other organizations for administrative acts justify trust interests.
Chapter II mandate, jurisdiction and avoidance
The 11th Division of competence and jurisdiction of the administrative organ shall, in accordance with laws, rules and regulations and the preparation of the relevant regulations of the Department.
12th territorial jurisdiction does not require the administrative authorities, determined in accordance with the following principles:
(A) concerning citizenship matters, governed by its home Executive; his domicile and habitual residence is inconsistent, and executive authorities of the habitual residence under the domicile and habitual residence are unknown, governed by its final residence of the executive authorities;
(B) relates to qualification of legal person or other organization, by its principal place of business or principal place of business the Executive jurisdiction;
(C) relates to real property, real property jurisdiction of the local administrative authorities;
(D) does not belong to this paragraph of the above-mentioned administrative services, by acts of the executive authorities of jurisdiction.
13th several administrative bodies on the same administrative services have jurisdiction, jurisdiction accepted by the first administrative organ; not prioritize, the dispute settled through consultation, designated jointly by the next higher level authority jurisdiction; no common superior, settled by the respective higher administrative authority.
The urgency of the situation, not to take certain measures will have on the public interest or cause significant harm to the legitimate rights and interests of citizens, legal persons and other organizations, administrative matters, the administrative organ shall make necessary disposal, and promptly notify the competent administrative bodies.
14th competence and jurisdiction disputes between administrative authorities, the dispute settled through consultation, in accordance with the following provisions:
(A) involving Division of powers, coordinated by the establishment of jurisdiction management views the level people's Government for decision;
(B) relating to the implementation of laws, regulations, regulatory disputes, put forward by the Government legal agencies having jurisdiction according to law, reported the people's Governments at the corresponding level decisions.
15th the citizens, legal persons or other organizations may apply for administrative authorities when jurisdiction over disputes arising in the performance of administrative duties, may apply to the superior organ or the people's Government at the designated jurisdiction.
Administrative organs in accordance with the designated jurisdiction decisions made under the provisions of the preceding paragraph, the parties may not appeal against this decision.
16th administrative organs accepted the party's application or after the commencement of administrative proceedings ex officio, find that they have no jurisdiction, should be transferred to the jurisdiction of the administrative organs, and notify the Parties accordingly.
Do not feel that the executive authorities of the transfer of jurisdiction cannot be further transferred, shall be submitted to the higher administrative authority or jointly the same level people's governments exercise jurisdiction.
17th article executive branch of law, statutes, regulations or institutional reforms, Government function adjustment such as the fact that change and loss of jurisdiction, shall transfer the case to the jurisdiction of the executive authorities, and shall inform the parties in writing.
18th under any of the following circumstances, the Executive may request relevant administrative organs to assist:
(A) exercise of powers administrative purposes cannot be achieved alone;
(Ii) factual information needed to carry out the public is incapable of investigation;
(C) the instruments necessary to perform official duties, data and information held by other administrative bodies themselves collect elusive;
(D) shall request administrative assistance in other cases.
Requests for administrative assistance shall be in writing, except for an emergency. 19th has been requesting the Executive received other requests for administrative assistance shall be implemented in a timely manner to assist, without just cause, shall not excuse or refusing to help.
Cannot provide assistance, it shall inform the requested authority in writing and state the reasons.
By administrative assistance debate, by the requesting authority and the requested authority next higher level on the common decisions.
20th administrative actions made under requests for assistance by the requested authorities, requested authorities shall assume the responsibilities; by the requested authority in the course of implementation of administrative assistance, requests for assistance other than the administrative act, to bear responsibility.
Incurred by the requested authority as a result of administrative assistance expenses shall be borne by the requesting authority.
The 21st executive staff duties, any of the following circumstances, it shall voluntarily withdraw:
(A) relates to my interest;
(B) involved and I have relationships, straight relationships, within three generations of genetic relationship between relative has an interest relationship and affinity.
Provisions of the preceding paragraph apply to Executive Director, administrative law enforcement personnel, the hearing officers, records, as well as special issues of the case identification, inspection and audit, translator.
The 22nd executive staff duties, any of the following circumstances, a party may apply for withdrawal:
(A) the circumstances prescribed in the preceding article, fails to voluntarily withdraw;
(B) there is evidence to prove the existence of other information which may affect the impartiality in performing their duties. Applications for withdrawal made by the parties, the administrative organ shall make a decision in the 3rd, and notify the parties orally or in writing.
Decision shall state the reasons for that are not avoided, party disagrees with the decision, may apply to the Administration for reconsideration, reconsideration decisions should be made in the 3rd.
Was requested to withdraw the staff in their respective administrative bodies before did not reach a decision on the application for withdrawal shall not participate in the handling of cases, but except for the need to take urgent measures.
Withdrawal of the executive staff of the 23rd article, decided by the head of the administrative authority to which it belongs.
Withdrawal of the Executive Director, shall be submitted to the administrative organ or the people's Government at the decision at a higher level.
Chapter III administrative processing procedures
Section I General provisions
24th administrative processing in these rules refers to administrative organs in accordance with the law, rules and regulations, certain citizens, legal persons or other organizations to implement specific administrative acts that affect their rights and obligations.
25th administrative law enforcement personnel should be required to participate in the administrative law enforcement training, examinations, administrative law-enforcement documents. 26th the Chief law enforcement officers in the execution of their duties, shall produce their certificates.
Do not show documents, parties have the right to refuse.
27th unless specified otherwise by law, or in cases of emergency, administrative decisions should be made in writing.
28th commencement of administrative decisions have the following effects:
(A) the reasons for non-legal and non-legal procedures, administrative decision of the administrative authority may not revoke or change the corresponding processing;
(B) citizens, legal persons or other organizations shall perform the obligation established by a decision of administrative handling;
(C) a citizen, legal person or other organization that is not a decision of administrative handling within the statutory time limit may apply for administrative reconsideration or bring an administrative action, or failure to comply with a decision of administrative handling, to deal with the administrative organ may take enforcement measures or apply to a people's Court for compulsory execution;
(D) an administrative decision not to implement the decision of the administrative body, citizen, legal person or other organization's rights pursuant to a decision of administrative handling does not occur, citizens, legal persons or other organizations may seek redress in accordance with law.
29th Executive to deal with any of the following circumstances, the Chief Executive should be active citizens, legal persons or other organizations to apply for or can be corrected:
(A) without giving a reason but has no substantive effect on the legitimate rights and interests of the parties, the administrative organ may justify ex post facto;
(B) a decision of administrative handling text or calculation errors;
(C) the decisions set forth the main, but not sealed;
(D) a decision of administrative handling does not specify a date;
(E) revocation of administrative processing for corrections on relatively more favourable, and does not harm the public interest;
(F) need to be corrected in other circumstances.
Correction shall be filed by the parties in the administrative reconsideration or administrative litigation before the expiration of the term, and notify the party concerned in a timely manner.
Executive to the flawed administrative process after making the corrections, shall, without delay after the rectification of service of administrative decision.
Article 30th for the purposes of effective implementation of administrative, Executive or limiting the administrative burden of dealing with the conditions for entry into force, duration.
After the 31st Executive authorities in ascertaining the facts, shall be notified to the party or interested person intends to make a decision of administrative handling or other reasons and basis of the administrative act, and informed of their legal rights and obligations.
The 32nd Executive before the administrative decision or other administrative act, should listen carefully to the statements and pleadings of the party or interested person.
Article 33rd Chief handler for any of the following circumstances, administrative procedures to suspend:
(A) the party or interested persons died, and his close relatives had yet to determine whether to participate in the administrative procedure;
(B) the party or interested person incapacitated, legal representatives to participate in the administrative procedure has not been determined;
(C) as a party or an interested person, termination of legal person or other organization, person succeeding to its rights and obligations has not been determined;
(D) as the party's nature is unknown or is declared as missing;
(E) parties, interested parties due to force majeure, cannot participate in the administrative procedure;
(F) the law applicable to cases involving issues require explanation or confirmation from the authority;
(VII) administrative decision needs to be based on the outcome of other cases, and in other cases before the Court;
(VIII) other circumstances that need to suspend the administrative procedure.
Reasons for terminating the administrative procedure is eliminated, shall promptly restore administrative procedures.
Suspension, restoration of the Executive administrative procedures, it shall notify the interested parties and stakeholders.
34th article of administrative procedures in the following circumstances, the procedure to terminate:
(A) the party or interested persons died, no near relatives or their close relatives to give up to participate in the administrative procedure;
(B) as a party or an interested person, termination of legal person or other organization, successor to give up its rights and obligations to participate in administrative procedures;
(C) laws, regulations, rules and administrative procedures for termination under other circumstances.
By the first paragraph of this article 33rd first item, second item, third item requiring suspension of administrative procedures, reasons for terminating the full 60 days administrative procedures have not been eliminated and the program to terminate.
35th administrative costs generated by the program, borne by the executive authorities, but except for the costs to be borne by the parties in accordance with law.
Themselves the costs of evidence by the parties at their own expenses. 36th Executive authorities to charge the parties, must be issued to the party unified financial sector issued receipts.
Do not issue a unified financial sector issued receipts, parties have the right to refuse to pay the cost.
37th where there is difficulty in paying the fee, you can apply to the administrative authority to postpone, reduce or exempt.
Section II program starts
Article 38th administrative procedures initiated by the administrative authorities ex officio, or according to the applications of the citizens, legal persons or other organizations to start. Executive of commencement of administrative proceedings ex officio, shall be filled in by the administrative law-enforcement officers have a number of program starts form submitted to approval of the head of the administrative organ.
The urgency of the situation, and after the event.
Citizens, legal persons or other organizations believe that their applications meet the statutory requirements, and can start the administrative procedures by an administrative organ. 39th citizens, legal persons or other organizations to apply for commencement of administrative proceedings shall be in writing.
Application shall specify the following matters:
(A) the basic situation of the applicant;
(B) application of the matter;
(C) the application of facts and reasons;
(D) the applicant's signature or seal;
(E) application of time.
They are writing applications is difficult or applying for a non-case must be made in writing, or, in urgent cases, oral applications, the administrative organ shall record on the spot, read to the applicant or applicants to check, confirm that the records after its signature or seal. 40th executive authorities after receiving the applications of the citizens, legal persons or other organizations shall register and issue a receipt, stamped with the seal of the executive authorities. The applicant has the right to require the Executive authority to issue a receipt, the administrative organ shall not refuse.
Receipt shall set forth:
(A) the place of the date of receipt of the application, and the recipient of the Executive;
(B) the list of evidence before the executive authorities.
41st Executive to the applicant's application should be dealt with separately according to the following conditions:
(A) the application does not need to start the administrative procedures in accordance with law, shall immediately inform the applicant inadmissible;
(B) the application does not belong to the terms of reference of the executive authorities in accordance with law, decisions should be written in the 5th inadmissible, and inform the applicant to apply to the relevant administrative authorities;
(C) application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot;
(D) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to correct content, fails to inform the, shall be accepted as of the date of receipt of the application materials in which the applicant does not make corrections within a specified period, deemed withdrawal of the application;
(V) application belongs to the administrative body terms of reference, application materials are complete and comply with the statutory format, all in accordance with the requirements of the administrative authority or the applicant corrected application, shall accept the applicant's application.
Section III surveys
The 42nd executive authorities to establish the facts of the case, obtaining evidence, shall have the right to investigate and collect evidence.
Executive administrative processing of the application, the parties have the obligation to submit relevant evidence, evidence shall be provided by the administrative organs of the parties to a written receipt. Parties have the right to apply to the Executive survey evidence.
Executive authorities decided to dismiss the applicant, reasons shall be given.
43rd executive authorities to conduct investigations, investigation shall be not less than two, and should be started before the survey produce their documents, identification, description, cause.
44th implementation survey administrative organ may take one of the following methods:
(A) asking the parties or witnesses, hear the statements of the parties and representation;
(B) to the units and individuals obtain documentary evidence, material evidence and audio-visual material or electronic data;
(D) random sampling;
(E) hold a hearing;
(F) specify or authorize the legal expert opinion issued by the accreditation body or expert;
(G) recording, video;
(H) the laws, regulations and other investigative methods.
45th Executive to the units and individuals obtain evidence, it shall issue a written receipt, marked with the relevant evidence or material items, reference and sources, and should protect the privacy of the parties. 46th administrative organs conduct an inquest, he shall first notify the parties or their agents to the scene.
Party or his agent refused to be present, cases no other interested persons should be invited as witnesses, and explain the situation in the transcripts, except as otherwise provided by laws and regulations.
When administrative organs to implement the inspection can take measurements, photographs, audio, videos, samples, asking the presence of the person concerned, and so on. Transcripts must specify inspection time, place, content, presence of personnel, by the parties or their agents and verification, by law enforcement officers, the parties or their representatives, a witness signature or seal.
Party or his agent to record dissent or refuse to sign, shall be indicated and signed or sealed by the law enforcement officers and witnesses.
47th Executive to a specific public information and special places, goods inspection, shall issue a check card signed by the head of the executive authorities, to inform the identity of the person being checked showed that, the legal basis for implementation of the inspection. In non-public places to inspect, should ask the consent of the owners or managers, except as otherwise provided by law. Forced into homes, the inspection of ships, aircraft, shall be carried out by the administrative authority of compulsory.
No mandatory right to check the executive authorities need to implement mandatory testing should be assisted by authorities who will have force.
Physical examination of women, should be carried out by female law enforcement officers or doctors.
Implementation of inspection and examination shall be made.
48th Executive to the Executive to deal with special problems in the program, should entrust a qualified accreditation body for identification.
The fourth section evidence
49th Executive must first obtain evidence, decided.
No statutory basis and facts, the administrative organ shall make a decision of administrative handling.
50th investigation, gathering of evidence must be legal, complete, objective, timely, and illegal collection of evidence as the basis for administrative processing.
51st the following documentary evidence shall not be used as basis for administrative processing:
(A) serious violations of statutory procedures to collect;
(B) to candid, steal video, wiretaps and other means to infringe upon the lawful rights and interests of access;
(C) to inducement, fraud, coercion, violence or other improper means;
(D) no other evidence confirms, and personnel are not authorized copying or reproduction of the evidence;
(E) were unable to identify the authenticity of technical processing;
(Vi) does not correctly express the will of the witness's testimony;
(VII) in People's Republic of China outside the territory without legal proof of the formation of procedures;
(H) the laws, regulations, rules and regulations shall not be used as a basis is based on the other evidentiary material.
The 52nd in the case of evidence may be destroyed or lost or difficult to obtain, the administrative organ may take the tape, video, advanced registration and preservation measures to preserve evidence.
Administrative authority ex officio evidence preservation measures losses caused to a party, and shall be compensated according to law or adequate compensation.
Parties to an administrative organ take measures to preserve evidence, reasons must be given, and to provide security.
The fifth hearing
53rd under any of the following circumstances, the Executive hearing, apply the provisions of this section:
(A) laws and regulations, regulations stipulate that the decision of the hearing should be held;
(B) there are significant factual disputes need to be resolved, the executive authorities considered it necessary to hold a hearing;
(C) the party or interested person to apply for, the Executive deems it necessary to hold a hearing.
54th involve State secrets, business secrets or personal privacy, the hearing shall be conducted in public.
55th and intends to make a decision of administrative handling of legal interests of citizens, legal persons or other organizations may apply to attend the hearing, or by the Facilitator, who participated in the hearing.
Parties or interested persons participating in the hearing of more than five people, shall elect five representatives to attend the hearing.
Administrative decision hearing involving significant public interests, a certain proportion of public representatives shall participate in.
56th in hearing, the parties and interested persons shall enjoy the following rights:
(B) testimony and cross-examination;
(C) licensed by the moderator, asked the investigators, witnesses, experts and other relevant personnel;
(D) appoint agents.
Hearing of the parties, interested parties should abide by discipline. 57th hearing specified by the Director from among the staff of the authorities of the Executive Officer.
Chairpersons and investigators should belong to different bodies, shall not concurrently.
Administrative organs with administrative reconsideration bodies or full-time administrative review officers, the presiding hearer may by staff or full-time administrative review bodies review officers.
58th hosts should be in a neutral and fair position presided over the hearing.
Presenter at the hearing shall exercise the following powers:
(A) preside over the hearing;
(B) the factual or legal issues, ask the parties or other participants and may be required to give evidence;
(C) ex officio or upon application, delegate authority to carry out the necessary investigations;
(D) notice of witnesses, expert witnesses and officers with specialized knowledge;
(E) permit a party or other participants to ask questions or speak;
(F) in order to avoid program delays, you can prevent unrelated or repeated statements of the parties or other participants;
(VII) to seriously impede normal hearing procedure, shall be ordered to correct; it refuses, but ordered to leave;
(H) due to the party's failure to show up or leave, decided to start hearings, postpone, or termination of the hearing;
(I) the hearing will not be held due to force majeure or other reasons, ex officio or upon application, suspension hearings;
(J) when considered necessary, before the end of the hearing date, decided to continue the date and place of the hearing;
(11) the hearing of the other in order to ensure the smooth conduct of the necessary measures.
Moderator according to the preceding paragraph, the tenth decision continues to date and place of the hearing and shall notify the parties and interested persons.
59th hearing records is responsible for the hearing record and other matters related to the hearing.
Records should be accurate and comprehensive records of the hearing process.
60th administrative organs, parties, interested parties and other participants in the hearing may not take deceit, bribery, coercion or other improper means, manipulated the hearing results.
The hearing officer shall not parties, interested parties and other participants in the hearing unilateral contact. By fraud, bribery, coercion or other improper means to manipulate the results of hearing, the hearing invalid, should be heard again.
Rehearing should be reassigned the hearing. 61st administrative authorities shall hold a hearing before the 7th, written notice to the parties and interested persons.
Undeliverable, notice notice may be used.
Notice shall be recorded in the following matters:
(A) name and domicile of the parties or interested persons, legal persons or other organizations name, domicile and its legal representative or principal responsible person's name and position;
(B) the time and place of the hearing; prior to the hearing, also held preparatory hearing shall set forth the time and place;
(C) the Director's name, Department, position;
(D) the main procedures for the hearing;
(V) absence of legal consequences of a hearing;
(F) the hearing organs;
(G) other matters shall be recorded.
62nd Executive ex officio or upon application, change the date or place of hearing, but shall be limited to justified.
Executive changes hearing date or place, governed by the provisions of the preceding article notice or announcement.
63rd at the start of the hearing, check investigations convened by the Facilitator, the parties, interested parties, the name, asked the parties whether to evade host applications. Investigators took the administrative organ intends to make a decision of administrative handling, as well as the administrative decision findings of fact, application of law.
A preliminary hearing was held by the moderator read out the finishing of the controversial points of the case.
64th hearing survey, debates proceed in two phases.
Investigation in accordance with the following order:
(A) the host announced the beginning of the hearing;
(B) the recorder shall the parties, interested parties and the investigating officer presiding over and announced hearings and discipline;
(C) licensed by the moderator, investigators, parties, interested parties may speak;
(D) the investigators, parties and interested persons to produce evidence and cross-examination;
(E) Facilitator, witnesses and expert witnesses;
(F) permitted by the host, the parties, interested parties can contribute to the investigation officers, witnesses, expert questions;
(G) the moderator asked investigators, parties and interested persons.
Debate in the following order:
(A) investigation officers;
(B) on the party and its agent;
(C) interested parties and their agents statements;
(D) parties to debate.
Investigators, parties and interested persons in turn, final statement. 65th record shall be kept of the hearing.
Record of hearing shall record the following:
(A) the host's name, Department, position;
(B) a party or interested person's name and address;
(C) the investigator's name, Department, job title;
(D) the time and place of the hearing; (e) the hearing is public, are not open to reason;
(F) the parties, representations and evidence submitted by the interested investigators statement;
(G) the main contents of a witness, expert witness statement;
(H) parties or interested persons claims and the moderator's handling of dissent;
(IX) other matters necessary.
Parties, interested parties at the hearing submitted documentary evidence, material evidence or other evidence, as an annex to the hearing record. Party or an interested person disagrees with the item recorded in the transcript of the hearing and shall immediately submit to the host.
Moderator shall make a written objection note to. Hearing transcripts should be carried out by relevant persons read about on the spot, after confirmed by signature or seal.
Related person refuses to sign or seal shall be recorded.
Parties refused to attend the hearings without good reason, considered the party to give up right to hearing, hearing program termination, and should be addressed at the hearing.
66th administrative decisions should be made according to the hearing transcript.
The 67th after the end of the hearing, administrative processing before a decision, will the executive authorities consider it necessary, may hold the hearing.
Sixth section decisions
68th General administrative decisions should be made by the Executive primarily responsible or in charge of responsible decision.
Major administrative decisions should be decided collectively.
Relating to economic and social development, impact public interest and significant administrative professional and technical matters, shall be demonstrated by experts or after the review, make a decision.
69th administrative decision shall set forth the following:
(A) the Executive name and post name;
(B) the person's name, gender, age, residence, legal person or other organization's name, domicile and its legal representative or principal responsible person's name and position;
(C) the main facts and evidence underlying the decision;
(D) the legal basis for decision; (E) the opinions of the Executive;
(Vi) the remedy of administrative decisions and deadlines;
(G) decision of the administrative authorities sealed;
(H) the date of the decision;
(I) the provisions of other laws, rules and regulations. 70th administrative decision shall be served on the parties concerned in accordance with law.
Make executive decisions in a manner other than in writing, shall take appropriate measures to notify the parties.
Date of the administrative decision shall take effect.
71st administrative organs shall establish administrative files.
Citizens, legal persons or other organizations may consult, extract or copy instead of related administrative case files, but shall be kept confidential except in accordance with law.
The seventh section summary
72nd administrative organs in accordance with laws, rules and regulations, can make a decision of administrative handling of summary proceedings, application of the provisions of this section.
73rd summary proceedings against the parties to administrative decisions, administrative authorities should listen to the views of the parties, can immediately listen to the statements of the parties or ex officio defence was simple.
The parties presented their views to the executive authorities and executive authorities may not refuse.
74th of summary proceedings, would be able to make a decision of administrative handling.
Administrative decisions of the administrative law enforcement personnel on the spot, should fill out the order form, make a number of administrative decisions.
The written decision of administrative handling of the provisions of the preceding paragraph shall specify the party's basic situation, the facts as found, and the basis for the decision, time, place, signed or sealed by the law enforcement personnel, and stamped with the seal of the administrative organs.
After law enforcement officers to make a decision of administrative handling, should be reported to the respective administrative authorities for the record.
75th of summary proceedings, besides made on the spot, shall be from the date of commencement of administrative proceedings 10th, make a decision of administrative handling within.
Eighth during the Festival period, and service
During the 76th mentioned in this provision shall include those prescribed by and designated by the executive authorities.
77th laws, rules and regulations on administrative processing there is a clear time limit should be imposed, the administrative organ shall, within the statutory time limit.
78th laws, rules and regulations on Administrative and non-administrative licensing items requiring administrative approval does not require processing time limit, imposed limited completes system limited concluded administrative organs shall, in accordance with the following provisions:
(A) if the matter involves only an administrative organ, the administrative organ shall from the date of acceptance of the application, 20th within 20th cannot be concluded, approved by the head of the administrative organ, you can extend the 20th, and shall inform the applicant of the reasons for such further period;
(B) if the matter relates to two or more sectors, the administrative organ shall, within 45 days from the date of acceptance of the application that originally; cannot be concluded within 45 days, approved by the head of the people's Governments at the corresponding level, you can extend the 15th, and shall inform the applicant of the reasons for such further period;
(C) it must first be approved by the lower administrative authority according to law review approval of the higher administrative authority, lower administrative authority should be accepted within 20th as of this review has been completed;
(D) implementation of administrative authorities ex officio the administrative processing, shall be concluded within 60 days from the date of the commencement of proceedings; cannot be concluded within 60 days, approved by the head of the administrative organ, you can extend the 30th, and shall inform the parties of the reasons for the extension should be.
Administrative decision shall from the date of decision served in the 10th.
79th Executive authority to make a decision of administrative handling, need hearing according to law, tenders, auctions, testing, inspection, and quarantine, verification, expert reviews and publicity, not counting the time required within the period specified in the. 80th parties due to causes of force majeure or any other legitimate reason time period, in the 10th after the obstacle is removed, you can apply for extended period, whether to approve the decision by an administrative organ.
Extend the relevant period calculated from the time of service of the written permission.
81st serve documents of the Executive must have the certificate of service, signed by the addressee on the certificate of service or seal and sign the written date.
Addressee in the receipt date on the certificate of service for service.
Executive production of the certificate of service shall record the following:
(A) the service;
(B) the recipient of the service;
(C) delivery instrument name;
(D) the delivery place and date;
82nd administrative organs serve documents, should be sent directly to the recipient of the service.
The addressee is a citizen, I am not, by the adult members of their families who live with them to sign.
Person is a legal person or other organization, and shall be the legal representative of the legal persons, other organizations in charge of the person or the legal person or organization responsible for the sign.
The addressee has a representative, can send their agents to sign for.
The addressee the specified receiver and transmitted to the receiver signed.
Person living with adult members of their families, legal person or other organization responsible for receiving documents, agent or receiver in the certificate of service date of receipt as the date of service.
83rd direct delivery difficulties, may entrust other administrative bodies to be delivered.
Recipient of the service is in the military, more than by their regimental units of political organ.
Addressee in prison, transmitted by their supervisor.
Addressee is taken of the compulsory educational measures, transmitted by their compulsory education bodies.
84th article by served people or he of with live adult family refused to sign instruments of, served people can invited about grass-roots organizations or by served people where units of representative scene, description situation, in served back card Shang remember Ming rejected causes and date, by served people, and witnesses signature or sealed, will instruments left in by served people of residence; also can put instruments left in by served people residence, and take photo, and video, way records served process, that considered served.
85th served directly with difficulty, can be served by post.
Service by post, date is stated on the receipt date of service. The 86th person unaccounted for, or other ways to apply the provisions of this section could not be delivered, service by public announcement.
Spontaneous announcement date, after 60 days, the service shall be considered.
Service by publication, should be dealt with in administrative files specify the causes and course.
The fourth chapter special administrative procedures
Section of administrative contract
87th administrative contracts in these rules refers to the administrative organ for administrative purposes, with the citizens, legal person or other organization, by mutual agreement consistence.
The 88th section should follow the principles of competition and openness of administrative contracts.
89th administrative contract shall be in written form.
90th administrative contracts in accordance with the laws and regulations shall be approved by the administrative authority or in conjunction with the handle, after being approved by other administrative bodies or in conjunction with the handling of administrative contract before it can take effect.
Administrative contract will harm the interests of the third party, and should be subject to the third party's written approval before taking effect.
91st Executive, administrative guidance and supervision of performance of the contract, without prejudice to the parties on the normal performance of the contract of administration.
92nd administrative contracts are protected by law, the executive authorities are not allowed to modify or rescind the.
In order to avoid substantial damage to the public interest, the Executive is entitled to unilaterally change or terminate administrative contracts within the scope necessary, but shall be provided in writing:
(A) change or terminate administrative contracts;
(B) the impact on the public interest;
(C) whether parties are given compensation and why. 93rd of administrative contract parties shall strictly comply with their contractual obligations.
Loss of default by the other party, shall be liable for breach of contract.
Citizens, legal persons or other organizations to default, there is no need to continue to implement the contract, the administrative organ may unilaterally terminate administrative contracts, but shall promptly notify the parties, together with the reasons. 94th administrative organs shall conclude and implement the administrative contract shall strictly comply with the principle of good faith, trust protection principle. Due to objective circumstances change, you need to change or terminate administrative contracts and causes losses to the parties and interested persons, will the executive authorities should compensate.
Due to the offence or fault of the Executive to the parties or interested persons for damage caused, he shall compensate.
Section II administrative guidance
95th Executive direction in these rules refers to administrative bodies for specific administrative purposes, in accordance with its statutory mandate, by way of guidance, advice, recommendations, and guide citizens, legal persons or other organizations, voluntary non-coercive Act or abstain from doing an act.
96th administrative guidance is mainly used in the Executive from technical, policy, security, information, and help advance its legitimate interests of the parties.
97th executive administrative guidance should follow appropriate and feasible, timely and flexible, voluntary choice and trust protection principle.
98th parties have the right to decide whether or not to accept, listen, meet the guidance.
Administrative bodies in the implementation of the procedure of administrative guidance shall take or disguise the application of coercive measures to force the party to accept the administrative guidance, and not because the party refused to accept, listen, meet the Guide and take adverse action.
99th Executive guidance for implementation in the following ways:
(A) technical guidance and assistance to business, solution consulting, make notes;
(B) coordination, harmonization, good offices;
(C) counselling, advising, dissuade or persuade;
(D) recommendations, tips, reminders, reference opinions;
(E) endorses, advocacy, awareness, demonstration, encouraging, motivating;
(F) the directive planning and guideline plans;
(VII) administrative framework, policy guidelines;
(VIII) other forms of guidance.
100th implementation of administrative guidance, can be made in written form, oral or other forms may be used, unless the parties request in written form, the administrative organ shall not refuse.
In writing, shall set forth the direction, time, and location of the object.
101th administrative authorities should listen to the views of the parties and interested persons, and seek the advice of experts and specialized institutions, investigation to verify the information on the basis of administrative guidance, improve the scientific nature of administrative guidance.
102th administrative organs to implement the major administrative guide, published the draft law, hearings, seminars and other means should be taken to extensively solicit the views of citizens, legal persons or other organizations.
103th administrative organ shall, upon application of the parties, to complete the administrative guidance of reasons, rationale, implementation and expected results, and other related content.
104th in the implementation of administrative guidance in the process, the parties have the right to argue, put forward suggestions, will the executive authorities shall record and to answer to this.
Section III administrative mediation
105th article this provides by said administrative mediation, is refers to administrative organ for resolve social contradictions, and maintenance social stable, in accordance with legal, and regulations, and regulations and normative file of provides, coordination processing administrative organ and citizens, and corporate or other organization Zhijian occurred of administrative dispute, and broker coordination processing citizens, and corporate or other organization mutual Zhijian occurred of and exercise administrative terms related of civil disputes of behavior.
106th Executive according to citizens, legal persons or other organizations for administrative mediation, or initiate administrative mediation.
Administrative mediation should be voluntary, the principles of legality, impartiality and timeliness.
107th executive authorities on the following administrative dispute mediation should be carried out:
(A) a citizen, legal person or other organization of administrative organs in accordance with the exercise of administrative discretion in the specific administrative act and executive compensation, Executive compensation disputes, refuses to apply for administrative reconsideration;
(B) a citizen, legal person or other organization of administrative organs in accordance with the exercise of administrative discretion in the specific administrative act and executive compensation, Executive compensation brought administrative proceedings;
(C) citizens, legal persons or other organizations petition filed to resolve the matters involved in the administrative dispute;
(D) leadership and subordinate administrative organs to solve other tasks assigned by the administrative disputes.
108th on the following civil dispute, the executive authorities can mediate:
(A) that is associated with the exercise of administrative authority;
(B) the parties agree to mediation;
(C) the laws, regulations and rules did not prohibit the.
109th administrative organ received from citizens, legal persons or other organizations after administrative mediation request, after reviewing the eligible, shall inform the respondent 5th; the respondent agree to mediation, mediation shall accept and organizations.
Does not meet the conditions or inadmissible one party does not agree to mediation, and indicate to the applicant the reasons.
110th accepted administrative mediation and organization of the administrative organs shall be assigned with some legal knowledge, policy level and practical experience in mediation of staff.
Administrative organs shall, in accordance with the pleadings of the parties argued that according to the relevant provisions of the law, coordination between the parties and conflicts of interests, mutual understanding, focus on persuasion and education, guide the conciliation agreement reached between the parties.
Administrative mediation shall make a written record.
Administrative mediation should generally be in the 30th Interior knots.
111th a conciliation agreement, it shall make the mediation agreement.
A mediation agreement shall specify:
(A) the name or a company name, name and position of the legal representative;
(B) the controversial case and major;
(C) the content of the agreement of the parties and the mediation results;
(D) the mediator, the parties sign or seal;
(E) seal and date the executive authorities;
(Vi) shall set forth the matters.
The mediation agreement the Parties shall each hold one copy, retain a record of the Executive. The 112th civil dispute mediation agreement Executive produced by the Administration approved and signed or sealed by the parties after the entry into force, binding mediation the parties, the parties concerned should actively fulfil.
Do not perform the mediation agreement, the parties to the original dispute to the courts.
Executive produced by the administrative disputes conciliation after the agreement is signed, are cases of administrative review, administrative reconsideration organs terminate the administrative reconsideration of trial; other specific contradictions and disputes, other administrative authorities to terminate the corresponding handlers.
Party fails to fulfil the administrative reconsideration, mediation, may apply to a people's Court for compulsory execution.
113th mediation no agreement or mediation estoppel of a party before the entry into force of the agreement, the administrative organ shall end the mediation.
For the purpose of reached a mediated compromise by the parties involved acceptance of the facts of the dispute cannot in a subsequent administrative review decisions or administrative decision as detrimental to its factual basis.
Fourth administrative payment
Executive pay in 114th article of the rules refers to applications for administrative authorities according to the parties, review by the law, to its pensions, social security, minimum living guarantee fees and other benefits, subsidies and other administrative acts.
115th executive pay project, scope and criteria set by the law, rules, regulations and regulatory documents. 116th administrative costs of issuance of account registration and notification system should be established.
After each release, shall be signed or sealed by the parties on the books.
Executive pay should be delivered each year audit the books.
117th citizens, legal persons or other organizations by deception, bribery or other improper means to obtain administrative benefits, administrative authorities shall withdraw, and recover.
118th of municipal, district (County) administrative costs of the people's Governments and their subordinate departments set scope, object, grades, standards need to change or revoke the corresponding project, 30th shall inform the parties in advance.
Change or abolition of executive pay may have a significant adverse impact on party life, the administrative organ shall hold a hearing.
Fifth section administrative planning
119th administrative planning in these rules refers to administrative bodies for specific administrative purposes, to be taken within a certain period in the future, legally binding measures such as external design and deployment.
Administrative planning in these rules do not include normative documents or forms of administrative guidance planning. The 120th administrative organs in accordance with their mission needs, preparation of the draft plan. Develop plans involving other executive powers, should listen to the views of other administrative bodies, consultations and coordination.
Administrative plan involves two or more administrative authorities, can jointly draw up plans.
Citizens, legal persons or other organizations may submit a planning application or motion.
121th administrative organs after the preparation of the draft plan, shall issue a public notice in the areas affected by the plan, a clear plan of the main content, display and reading of time, place, citizens, legal persons or other organizations to submit comments or objection the manner, time and place, and matters such as late objections will not be considered. Announcements can be carried out on television, newspapers and Government websites.
Authorities to set up special facilities for the benefit of viewing. Notice for a period of one month, from the date on which the first public release of the Executive. Display or read for a period of three months from the date of the expiry of the notice period.
Except as otherwise provided by laws and regulations.
Administrative planning involving stakeholders with clear, the executive authorities can directly inform the interested person.
122th interested person objects to the plan, shall exhibit and viewed within one month from the date of expiry.
Objection after the expiry, the administrative organ shall according to the objections raised, decision on interested parties, relevant administrative organs hold hearings.
123th administrative authorities in determining the administrative plan, should consult with and listen to the opinions of experts, and on whether or not to accept the expert opinion on the reasons. The 124th Executive planning after the law passed, shall be published in the Government Gazette.
Specific plans will affect the entry into force of a citizen, legal person or other organizations, special-interest, until further notice.
125th administrative plan comes into effect, due to the significant changes in the law or facts, or because the public interest requires, the Chief planning need to make substantive changes, shall, in accordance with procedures promulgated anew.
Administrative planning based on reason to repeal of the preceding paragraph, by the enacting body to make abolition, and to the public.
Chapter fifth major administrative decision-making procedures
126th major administrative decisions in these rules refers to municipal, district (County) people's Government in accordance with statutory terms of reference, on the relationship between economic and social development in the region, social covers a wide range, and closely related to the interests of the people of the following decisions:
(A) the development of major policies and measures for economic and social development, preparation of national economy and social development plan and annual plan;
(B) the preparation of various important regional planning and overall planning, special planning;
(C) preparing financial budget and final accounts, major fiscal arrangements;
(D) research on major government investment projects and State-owned asset disposal;
(E) develop utilization of resources, environmental protection, employment, social security, population and family planning, education, health, food and drug, housing, safety, traffic management and other measures;
(F) the establishment and adjustment of important administrative institutional fees and Government pricing of key commodities and service prices;
(VII) developing administrative restructuring measures;
(VIII) matters requiring other major decisions by the Government.
Details of major administrative decisions by the municipal, district (County) Government determined within the limits prescribed in the preceding paragraph and to the public.
127th administrative decisions by law decisions, scientific and democratic decision-making.
128th Government Chief on behalf of the Governments of the major administrative exercise decision-making power.
Government departments, affiliated institutions, the lower level people's Governments and citizens, legal persons or other organizations considered significant decision of matters brought to the attention of the Government, we can make policy recommendations.
Policy sponsor in accordance with statutory terms of reference determined or designated by the head of Government.
129th of municipal, district (County) people's Governments shall establish and improve administrative decision-making consultation mechanism, improve intelligence and information support system for administrative decision-making.
Government research institutions, legal institutions such as officer major administrative decisions of the Government should be to provide policy, legal, consulting and other related services.
130th Chief major administrative decisions of the Government, hosted by the Chief Organizer, start the decision-making process.
Proposed by the head of Government is in charge of the administrative decision recommended that Executive Heads of Government to determine whether to enter the major administrative decision-making process.
Government departments and major administrative decisions of lower level people's Governments recommendations, first by the head of Government is in charge of auditing, reported to the heads of Government to determine whether the decision-making process.
Decision recommendations made by citizens, legal persons or other organizations, by the Office of the Government (RM) is responsible for vetting sought after relevant departments, after making the preliminary review opinions, reported to the heads of Government in charge of audit and heads of Government to determine.
131th decision sponsored on proposed decision matters should conduct in-depth studies and complete and accurate information required for decision-making, and seek the advice concerned the scope of the decision involved, in the argument on the basis of full consultations and decision-making issues sponsored by brainstorm, draft programme decision.
Decision making organizer may appoint experts, professional service organizations or other organizations with the necessary competence to perform professional work.
On the need for more comparative research programme or controversial matters should develop more than two alternatives to choose from.
After the formation of the draft decision, decision unit shall be handed over to the Government legal organization to carry out review of legality.
132th decision matters undertaken by major administrative decisions should be social stability, environmental, economic and other aspects of risk assessment without a risk assessment, and decisions shall be made.
Sponsored programmes should be legal demonstration in decision-making matters and, if necessary, you can also perform a cost-benefit analysis. 133th matters according to law shall not be disclosed, a decision organizer should be announced to the public the major administrative decisions, for public comment.
(A) draft programme of major administrative decision-making and its description;
(B) the public submissions, mode and start/end times;
(C) the contact and contact information, including mailing address, telephone, fax and e-mail.
Decision making Organizer announced major administrative decision-making time for public comment the draft programme shall not be less than the 20th.
134th major administrative decisions after the publication of the draft programme, decision making organizer should be the major administrative decisions impact on the public scope and level, seminars, consultations, public hearings and other means, listen to the views of the public.
Public participation in the range, the selection of representatives should protect the affected the fair expression of the views of the public.
135th decision-making organizer shall organize relevant experts in the field or research consultancy, of the major administrative decisions the necessity, feasibility and scientific argumentation.
Decisions undertaken by expert opinion should be label, reasonable views should be taken was not adopted, it shall explain the reasons.
136th decision-making organizer should be random and major administrative decisions related to the expert identified or selected experts participating in the demonstration, ensure that experts participating in the demonstration have representation and proportionality.
137th of municipal, district (County) people's Governments shall, from the date of the major administrative decisions in the 20th, to announce major executive decision making. 138th of municipal, district (County) people's Government through such measures as investigation, assessment, and supervise the implementation of major administrative decisions. Executive Body shall, in accordance with their respective responsibilities, comprehensive, timely and correct implementation.
Supervisory authorities shall strengthen the supervision on the implementation of major administrative decisions. Executive Agency found significant administrative decision-making depends on the objective conditions change or objectives cannot be realized partly or totally due to force majeure, it shall promptly report to executive agencies, supervisory bodies and citizens, legal persons and other organizations considered illegal or inappropriate decision-making and implementation, can be submitted to the policy-making organs.
Policy-making organs should be carefully studied and made according to the actual situation to continue execution, stop execution, the decision to suspend or amend the decision.
Other administrative bodies of the 139th major administrative decision-making process with reference to the implementation of this chapter.
The sixth chapter supplementary articles
140th within the administrative area of the city of normative documents for the development, registration and management, XI ' an, in accordance with the implementation of the normative document management.
141th these provisions on administrative procedure related to "3rd", "5th", "7th" requirement refers to working days, excluding holidays. The 142th article of the regulations come into force on May 1, 2013.
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