Administrative Measures Of Guangdong Province, List Of Items Requiring Administrative Approval

Original Language Title: 广东省行政审批事项目录管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384536.shtml

Administrative measures of Guangdong Province, list of items requiring administrative approval

    (November 21, 2012 11th 106 meeting consideration of the people's Government of Guangdong Province on November 30, 2012 176th promulgated by the people's Government of Guangdong Province as of January 1, 2013) first in order to standardize administrative examination and approval, security and effective administration to supervise the executive authorities, promoting administration according to law and construction of service-type Government, in accordance with the People's Republic of China administrative license law and relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Second provincial executive and legal and authorized rights to administer public affairs functions of the Organization (hereinafter referred to as administrative organs) the implementation of administrative examination and approval, these measures shall apply.

    Administrative examination and approval in these measures, including the administrative licensing and non-administrative approval.

    Article III administrative approval matters reserved by the people's Governments at all levels should incorporate the list of items requiring administrative approval (hereinafter referred to as the catalogue) for unified management.

    Vertical management departments below the provincial administrative approval procedures should be integrated into the implementation of the people's Government of the catalogue.

    Each administrative approval procedures should be coded, establishing a unique identity, and included in the list of items requiring administrative approval system at all levels.

    Implementation of the administrative examination and approval, supervision and transparency should be based on the catalogue on the basis of administrative approval items that are not included in the catalogue are not imposed.

    Fourth administrative approval items list management should follow the principles of convenience, open, improve efficiency and provide quality services.

    V article levels Government led is responsible for administrative approval system reform work of institutions is this level directory of management institutions (following referred to directory management institutions), is responsible for this level administrative approval matters of organization cleanup, and specification implementation, and dynamic management, and coding and directory of prepared, and update, and information shared, and assessment assessment, work, and by this level Government authorized announced directory.

    Establishments of the directory level departments are responsible for the implementation of administrative approval items listed from the role of the review process, and combined with the reform of the administrative system and the adjustment to the administrative approval items.

    Government legal agencies in charge of the levels included in the list of the review of legality of administrative approval items.

    Monitor the list of authorities responsible for this level of the administrative examination and approval matters under the administrative supervision of the implementation.

    Sixth clause the administrative examination and approval of the list of issues, matters should clearly name and code basis, approval, implementation, approval procedures, eligibility criteria, duration of application, examination and approval items, such as element and content.

    Involve charges should be clear criteria for fee basis and involved earlier approval, it should be made clear earlier approval authority.

    Article seventh exercise dynamic management of the directory, the management body shall, in accordance with the catalogue of administrative approval items increase, adjustments and changes and other changes, updating and publication of the catalogue.

    Article eighth into the administrative examination and approval of the list of issues should be determined by the laws, rules, regulations, or the State Council decided to set up, not to create other normative documents of administrative examination and approval.

    Laws, administrative regulations or the regulations made, in principle only manage requirements not set administrative examination and approval, not to create administrative examination and approval.

    Nineth drafting, modifying local laws, government regulations, proposed increases, adjust or change administrative examination and approval matters, drafting unit shall carry out research studies, necessity and feasibility, fully consult the views of citizens, legal persons and other organizations.

    Drafting units should also be consulted in writing the present level of the directory authorities, views of organization establishment, supervision and other departments.

    Tenth administrative approval items set up new laws and regulations since laws and regulations implemented automatically on the date included in the contents of the directory.

    Administrative approval items increases, implementing authority shall within 10 business days after the relevant basis, to the administration of the directory into views of the directory, and clear elements of approval and content.

    11th stand part of the list of items requiring administrative approval of one of the following circumstances shall be adjusted or changed:

    (A) set the basis had been repealed or amended, or by the people's Government and the relevant departments have to adjust or change administrative examination and approval;

    (B) the temporary implementation of administrative license for less than a year later, was not to formulate local regulations;

    (C) except as otherwise prescribed by laws and regulations, quotas and targets for restricting or involving the allocation of public resources, limited development and utilization of natural resources and other matters, can take advantage of public bidding, auction and listing and franchise transfers, leasing, contracted management of market mechanisms and other means;

    (D) the adoption of standards, quality certification, supervision and other regulatory means to achieve management objectives;

    (E) approval involve multiple sectors and multiple links and identical or similar functions could be assumed by the Department or administrative approval items within the same sector of the conditions and requirements are similar to effectively integrate;

    (F) the higher administrative authorities implement administrative approval items, lower administrative authority can be implemented, could be decentralized management hierarchy;

    (VII) by the lower administrative authority responsible for the testing, inspection, higher administrative authorities issuing matters, decentralization of management layers, or it can be handed over to meet the statutory requirements of the professional technical organization and implementation;

    (H) the citizens, legal persons or other organizations to decide, can effectively regulate the market competition mechanism, monitoring management of trade organizations or intermediary institutions;

    (IX) other circumstances that should be adjusted or changed. 12th organ adjustment or change in the list of items requiring administrative approval, adjustment should be submitted to the management bodies of the directory or change the views of, and explicit approval element and content. Managing bodies shall, together with the bodies of the Directory preparation, monitoring, legal system, and other departments to review comments on the people's Governments at the corresponding level.

    Changing laws, rules and regulations are not explicit approval elements and contents of the administrative examination and approval, the directory management in conjunction with the establishment, monitoring, legal departments review and make a decision on whether to agree to changes. Adjustment or modification of administrative approval procedures should be in accordance with the permission authority decided.

    Authority does not agree with the adjustment or alteration, the administrative organ may not be adjusted or changed.

    13th administrative approval basis set has been repealed or amended, organ shall, on the relevant basis was abolished or within 10 working days after the change, notify the management bodies of the directory.

    14th administrative approval items increase, adjust or change, the directory management institutions shall, within 10 working days, for administrative approval code and incorporated into the management system, and updating the publication of the catalogue.

    15th of the inclusion in the list of items requiring administrative approval and implementation organs should develop standardized measures for implementation, but shall not be allowed to increase, decrease or change laws, regulations, rules and regulations of administrative approval items element and content, items requiring administrative approval or approval, steps must not be split implementation. Organ shall strengthen the supervision and administration of administrative approval procedures, and establish an exit mechanism.

    Has adjusted the administrative approval items, need to strengthen follow-up supervision and management, the administrative organ shall develop follow-up measures on the supervision, but not implemented, or taking in a disguised form of administrative examination and approval.

    Standardized measures for implementation and follow-up measures on the supervision should be reported to the management bodies of the directory at the same level for the record.

    Specification for standardized measures for implementation and follow-up measures on the supervision and management institutions shall be separately formulated by the directory.

    16th administrative approval items catalog-management system, increased implementation of administrative approval items, adjust or change the process and results of information management.

    Online-do Hall of administrative approval items list management system running and administrative examination and approval system, the administrative examination and approval of electronic monitoring system interchange, directory information and approval information resource sharing across departments and systems.

    List of items requiring administrative approval management system managed by the management bodies of the directory.

    Article 17th organ for administrative approval procedures should be regularly evaluated according to the evaluation results, you need to adjust or change administrative examination and approval matters, in accordance with the provisions of article 12th.

    Managing bodies shall, together with the establishment of the directory, monitoring, legal system and other departments on a regular basis to assess the administrative approval items, based on the assessment results, you need to adjust or change administrative examination and approval matters, in accordance with the provisions of article 12th.

    18th a citizen, legal person or other organization on administrative examination and approval matters increased, adjustment or change comments, suggestions, or complaints, report it. Management bodies of the directory and the implementation authority shall open complaints channels to the public to report information such as telephone number, e-mail address.

    Citizens, legal persons or other organizations of, suggestions and complaints, report issues, and belongs to the duties of the Department, shall be accepted and legal verification, processing, replies in a timely manner; not part of the duties of the Department, should be transferred to competent to deal with the sector, and to inform the complainants, informants.

    19th administrative organs and their staff in violation of these regulations, abuse of power, negligence, malpractice, the responsible person in charge and other direct liable persons disciplined by the competent department or unit to which the law constitutes a crime, criminal responsibility shall be investigated according to law. 20th these measures come into force on January 1, 2013.