Coastal Sand And Stone Export Operations In Guangdong Province And Hong Kong And Macao Origin Small Ships In And Out Of Sand And Stone Export Operation Operation Detailed Rules For The Implementation Of Administrative Licensing Provisions

Original Language Title: 广东省沿海砂石出口作业点和港澳籍小型船舶进出砂石出口作业点作业的行政许可规定实施细则

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387165.shtml

Coastal sand and stone export operations in Guangdong Province and Hong Kong and Macao origin small ships in and out of sand and stone export operation operation detailed rules for the implementation of administrative licensing provisions

    (December 28, 2012 11th people's Government of Guangdong province for the 109th general meeting January 6, 2013 179th promulgated by the people's Government of Guangdong Province as of May 1, 2013) Chapter I General provisions

    First in order to strengthen coastal sand and stone export operations and Hong Kong and Macao origin small ships in and out of sand and stone export job job management, according to the People's Republic of China on administrative licensing law, coastal sand and stone export operations in Guangdong Province and Hong Kong and Macao origin small ships in and out of sand and stone export operation operation of administrative permission regulations, combined with the facts of the province, these rules are formulated.

    Article implementation of coastal sand and stone export operations and Hong Kong and Macao origin small ships in and out of sand and stone export operation operation of administrative licensing shall conform to rational geographical distribution and comprehensive utilization and effective supervision, facilitate customs clearance, security principles.

    Third provincial port administration authorities are responsible for coastal sand and stone export jobs in the province and Hong Kong and Macao origin small ships in and out of sand and stone export operation operation of administrative license and its comprehensive management.

    People's Governments at the municipal level throughout the port administrative authorities responsible for the administration of coastal sand and stone export operations and Hong Kong and Macao origin small ships in and out of sand and stone export operation operation of administrative license and their integrated and coordinated management of the work in the first instance.

    Standing around the province, and the port inspection unit in accordance with statutory duties, is responsible for the areas within the jurisdiction of coastal sand and stone export operations and Hong Kong and Macao origin of small ships in and out of sand and stone export jobs jobs port inspection supervision.

    Chapter II coastal sand and stone export operations of administrative license

    Fourth application for the establishment of coastal sand and stone export operations, operations should be in accordance with the Guangdong coastal sand and stone export operations and Hong Kong and Macao origin small ships in and out of sand and stone export operations regulations on the operation of administrative license, the operating point is located above municipal port administration authorities submit a written application and submit materials.

    Fifth-level municipal port administration authorities is admissible, shall solicit the people's Governments at the County and port inspection inspection units of the station, and from the date of acceptance of the application made within 20th review, reported to the provincial port administration authorities.

    Application materials are complete and comply with the statutory format, shall accept administrative licensing applications.

    Does not meet the conditions or the application does not comply with the statutory format, shall, on the spot or within the 5th time inform all applicants need to supplement content fails to tell, from the date of receipt of the application materials shall be deemed accepted.

    Is admissible, but not yet submitted to the local marine and fisheries, environmental protection, land and resources, water resources, issued by the administrative departments for planning permits and opinions issued by the application, shall accept administrative licensing applications, in seeking the views of port inspection inspection units of the station at the same time, synchronization request for the relevant departments. Sixth provincial port administration authorities received more than Municipal Department of port administration to submit material, should seek the views of ports Inspection Unit, stationed in province, 20th in the decision to grant or not to grant an administrative license. Administrative license shall be issued free of charge to the licensee of the coastal areas of Guangdong Province, sand and stone export operations of administrative license.

    No administrative permission, it shall make a written decision, with justification, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Business units should be the Guangdong coastal sand and stone export jobs administrative license in the business place prominently publicized, subject to public supervision.

    Article seventh Guangdong coastal sand and stone export operations of administrative license for a period of 1 year.

    Needs continuity of the licensee shall be the administrative license expires 30th, to the local level Municipal Department of port administration application in writing, accepting people's Government port administrative authorities should be sought in the 15th station ports Inspection Unit views, review comments, reported to the provincial port administration authorities. Provincial port administration authorities received more than city people's Government port after the materials submitted by the Administrative Department shall, before the expiry of the administrative license to seek standing provincial ports Inspection Unit views make a decision on whether to approve the extension.

    Fails to make a decision, considered to approve the extension.

    Chapter three small ships in and out of Hong Kong and Macao nationality gravel export operation operation of administrative permission

    Section eighth for Hong Kong and Macao origin small ships in and out of sand and stone export operation operation, operations should be in accordance with the Guangdong coastal sand and stone export operations and Hong Kong and Macao origin small ships in and out of sand and stone export operations regulations on the operation of administrative license, the operating point is located above municipal port administration authorities submit a written application and submit materials.

    Nineth Department of port administration of the people's Government, prefecture-level city is admissible, shall solicit the people's Governments at the County and port inspection inspection units of the station, and from the date of acceptance of the application made within 20th review, reported to the provincial port administration authorities.

    Application materials are complete and comply with the statutory format, shall accept administrative licensing applications.

    Do not meet admissibility requirements, application material is not or does not meet the statutory form of the application, shall, on the spot or within the 5th time inform all applicants need to supplement content fails to tell, from the date of receipt of the application materials shall be deemed accepted. Tenth provincial people's Government municipal people's Government above the Department of port administration receives level crossings after the materials submitted by the Administrative Department shall consult the standing provincial ports Inspection Unit views, 20th in the decision to grant or not to grant an administrative license. Administrative license shall be issued free of charge to the licensee of the Hong Kong and Macao origin small ships in and out of sand and stone export jobs jobs administrative license.

    No administrative permission, it shall make a written decision, with justification, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The Hong Kong and Macao origin small ships in and out of sand and stone export operations administrative license for operation shall carry on board.

    11th Hong Kong and Macao origin small ships in and out of sand and stone export jobs jobs administrative license is valid for 1 year.

    Needs continuity of the licensee shall be the administrative license expires 30th, to the local level Municipal Department of port administration application in writing, accepting people's Government port administrative authorities should be sought in the 15th station ports Inspection Unit views, review comments, reported to the provincial port administration authorities. Provincial port administration authorities received more than city people's Government port after the materials submitted by the Administrative Department shall, before the expiry of the administrative license to seek standing provincial ports Inspection Unit views make a decision on whether to approve the extension.

    Fails to make a decision, considered to approve the extension.

    12th business units need to be replaced within the time limit of the contract job ships, changing course, partners, the number of ships is not increased, need to be at the municipal level to the local administrative Department of ports under a written request and submission, local level Municipal Department of port administration seeking resident approval of the maritime sector, reported to the provincial port administration authorities for the permit procedures.

    Business unit during the term of the contract requires changed partners, increased the number of ships, should be re-apply for a permit.

    Chapter fourth inspection supervision 13th Hong Kong and Macao origin small craft before entry, the ship or the ship agent shall report to the local maritime sector.

    Upon entry, the local administrative Department of ports under ports Inspection Unit carried out a joint inspection of the station should be organized.

    14th to within 24 hours and from 1 or more frequent flights into and out of the crew of Hong Kong and Macao origin fixed small ships, ports Inspection Unit to simplify formalities for the import and export Bank.

    15th joint inspection of a ship on the job, can be opened in the vicinity of ports and anchorage areas or temporary identification points.

    16th jobs ship shall comply with the specified routes and at designated ports, seas, Islands and activity within the routes or berthing, accept inspection inspection inspection, supervision and management of the port.

    Port inspection inspection units can take the form of spot checks conducted daily monitoring and management. Article 17th ship may not be implemented on the job ladder care and compulsory pilotage.

    Apart from the outbreak or suspected plague, can be no health oversight.

    18th operations of ships carrying other goods or the approved special equipment should be unloading at designated sites, and regulated ports inspection unit.

    Article 19th resident port of the crew shall be subject to inspection and the inspection, supervision and administration of local public security organs.

    Crews should point and specify the location of the job activities, requires from the ship ashore should be in accordance with the provisions of the relevant procedures and activities falling within the scope of the provisions.

    In the small vessels of the Hong Kong and Macao nationality gravel export operation within the operation license of Executive and frequent entry and exit of the crew change, shall, in accordance with the provisions to the resident marine, frontier inspection, inspection and quarantine departments to fill in the list of crew members. 20th operations ship may not carry passengers or items prohibited by laws and regulations.

    Ship discovered the ship was carrying other persons or items prohibited by laws and regulations, shall immediately to the resident border inspection, inspection and quarantine departments or local public security authorities.

    Article 21st units shall report monthly to the local administrative Department of the people's Government of the port the ship voyage, sand and gravel exports.

    Prefecture-level municipality Department of port administration every six months should be reported to the provincial port administration authorities operating vessel voyage and gravel exports.

    The fifth chapter legal liability
22nd executive staff administrative licensing, supervision and inspection, demanding or accepting other people's property, or seeking other interests constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.

    23rd-level municipal port administration authorities after receiving the applicants administrative licensing applications, failing to review, or to produce views, by a higher administrative authority or supervisory organs shall be ordered to correct, if the circumstances are serious, the directly responsible person in charge and other direct liable persons shall be given sanctions.

    24th article Province Government port administrative competent sector and staff has following behavior one of of, by its superior administrative organ or monitored organ ordered corrected; plot more heavy of, on directly is responsible for of competent personnel and other directly responsibility people law give warning disposition; situation serious of, give demerit, and remember than disposition; plot bad or caused major loss of, give downgraded, and dismissed until fired disposition; constitute crime of, law held criminal:

    (A) an applicant who does not meet the statutory requirements administrative license or beyond the statutory authority to make decision on approving an administrative license;

    (B) an applicant who meets the statutory requirements are not administrative approval or disapproval decision on approving an administrative license is made within the statutory time limit. 25th article application established coastal gravel export job points administrative license of was license people has following behavior one of of, by to level above City Government port administrative competent sector give 60,000 yuan above 100,000 yuan following fine; application Hong Kong and Macao nationality small ship access gravel export job points job administrative license of was license people has following behavior one of of, by to level above City Government port administrative competent sector give 30,000 yuan above 50,000 yuan following fine.

    Serious to give order to suspend, withhold or submitted to the provincial people's Government port administrative departments administrative penalties such as revoking permits constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) alter, resell, lease, lend certificate of administrative license, or in any other form of illegal transfer of an administrative license;

    (B) conducting activities outside the scope of administrative license;

    (C) to conceal from the authorities responsible for the supervision and inspection of administrative information, the provision of false information or refuse to provide authentic materials reflect its activities;

    (D) other violations of laws, rules and regulations.

    Licensee's violation of inspection inspection units of the relevant laws and regulations, and by the port inspection unit administrative penalties in accordance with relevant laws and regulations.

    26th article citizens, and corporate or other organization without administrative license, unauthorized engaged in coastal gravel export Hong Kong, and Macau S.A.R. job business activities of, to level above City Government port administrative competent sector, and port check test units should law take measures be stop, and on business units give warning, and 30,000 yuan above 50,000 yuan following fine, and confiscated illegal proceeds, and confiscated illegal property, administrative punishment; constitute crime of, law held criminal.

    The sixth chapter supplementary articles

    27th article of the rules for the implementation of the following terms mean:

    (A) coastal sand and stone export jobs, refers to the non-coastal harbors, sea or island used to set up Hong Kong S.A.R., and Macau S.A.R. export sand's point of departure.

    (B) the Hong Kong and Macao origin small ships, refers to the Hong Kong S.A.R., and Macau S.A.R. registered carrying sand export to Hong Kong, Macau S.A.R. specialized ships.

    Hong Kong and Macao origin small ships in and out of sand and stone export jobs jobs refers to Hong Kong and Macao origin small ships according to contract into the sand and stone export shipping gravel exports from Hong Kong, Macau S.A.R.. 28th article of the regulations come into force on May 1, 2013.