Zhengzhou Municipal People's Government On Entrusting The Implementation Of Several Provisions Of The Administrative Law Enforcement

Original Language Title: 郑州市人民政府关于委托实施部分行政执法事项的若干规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376501.shtml

Zhengzhou municipal people's Government on entrusting the implementation of several provisions of the administrative law enforcement

    (June 15, 2012, Zhengzhou city, the people's Government of the 85th General session through June 22, 2012 Zhengzhou municipal people's Government announced order No. 203, come into force on the date of promulgation) the first to standardize the administrative enforcement of law, ensure the legitimate and effective executive action, in accordance with the People's Republic of China administrative licensing law and the People's Republic of China on administrative punishment law and other laws and regulations, combined with the city's actual, these provisions are formulated.

    Article comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) management within the following administrative license, the administrative examination and approval matters relating to the administrative authority may entrust implementation:

    (A) the Zhengzhou municipal medical institutions can be set by the Administrative Department of health approval and practising licensed, practicing doctor registration approval, public health license, health permit, medical diagnostic of water licenses, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee; (Ii) Zhengzhou city management administrative competent sector can will City Road, and bridge, and city River construction various pipeline, and Rod line, facilities approval, occupied, and mining City Road, and river or occupied mining changes migration other municipal facilities approval, city drainage, and city drainage pipeline pressure emissions wastewater license issued, city building garbage disposal approved approval (city garbage business sex cleaning, and collection, and transport, and processing service license), sanitation facilities demolition and the offsite reconstruction approval, research, and

    Teaching and special cases livestock in the urban area and poultry processing, road track, iron wheels on cars or overweight, superelevation, overlength vehicle approvals, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (C) the Zhengzhou urban construction administrative departments can be construction project bid management, building permits, final acceptance report for the record, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (D) urban planning administrative departments of Zhengzhou construction land use planning and site selection can be letters, planning permission, construction project planning permit of construction land, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee to implement but on urban roads, rail transportation, water supply, electricity, gas, heat, except for urban infrastructure construction communications;

    (V) Department of Zhengzhou environmental protection administration construction project environmental impact assessment document can be approval and acceptance of construction project completion of pollution prevention facilities, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (F) the water Administrative Department of Zhengzhou city planning water use indicators in the index can be approved for comprehensive free trade zone, Zhengzhou xinzheng (Zhengzhou air harbor zone) River construction projects within the scope of management approval commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee; (Seven) Zhengzhou City Garden green administrative competent sector can will cut city trees, and transplant trees, and trim garden green plant approval (one-time cut trees 10 strains above, and cut paulownia Indus poplar, fast-growing species dbh 70 cm above and the other species dbh 50 cm above, and cut 50 years above age, and transplant ancient tree name wood of except), temporary occupied, and demolition green and the flower beds, and spent with, and lawn approval (one-time occupied demolition green 200 square meters above except),

    Commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (H) the educational administrative departments of Zhengzhou city kindergarten, elementary school, junior high school and other cultural and educational non-governmental training institutions organized and split, merge, change, terminate approval, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (I) Department of sports administration, Zhengzhou city social sports instructors in tertiary technical level can be granted, three technical grade technical level granted approval for granted, three referees, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (J) the Department of business administration, Zhengzhou city liquor circulation registration can be commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (11) animal husbandry and veterinary administrative departments in Zhengzhou city to animal epidemic prevention certification, business licenses and animal clinic veterinary drug licensing, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (12), zhongmou, xinzheng, and population and family planning second child birth certificate can be issued by the competent administrative department, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (13), zhongmou, xinzheng, and ethnic affairs administrative departments approved halal certificate can be commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (14) in xinzheng city, zhongmou County motor vehicle repair industry authority to delegate approval of the car wash industry comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (15) Zhengzhou price administrative departments can charge licensing, modification, testing, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee;

    (16), Zhengzhou city animal health inspection agencies issued certificate of quarantine of animals and animal products can be commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee.

    Article in the Zhengzhou comprehensive free trade zone (Zhengzhou air harbor zone) within the scope of management, the following matters concerning administrative department may authorize the imposition of administrative penalty:

    (A) Zhengzhou price administrative departments can be violations of price laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (B) integrated safety supervision and management departments of Zhengzhou city would violate safety laws, regulations, rules of administrative punishment (excluding production safety accident administrative penalty), commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (C) the Zhengzhou municipal public health Administrative Department can violate medical and health management laws and regulations, regulation of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (D) Administrative Department of Zhengzhou city administration can violate the city, sanitation, municipal infrastructure, municipal water supply, gas laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (E) in Zhengzhou urban construction administrative departments may be violating urban construction management laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (Vi) Zhengzhou urban planning administrative departments can be violations of town planning laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (VII) Administrative Department of Zhengzhou city water supplies can be violations of water management laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (VIII) competent administrative Department of Zhengzhou city landscaping can violate the urban landscape management laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (I) Department of Zhengzhou environmental protection administration can violate air and prevention and management of environmental noise pollution laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (J) the Department of Zhengzhou Municipal Forestry Administration can violate forestry laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (11) animal husbandry and veterinary administrative departments in Zhengzhou would violate the animal husbandry and veterinary regulatory laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (12) Department of business administration, Zhengzhou can violate the alcohol circulation management laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (13) Administration for industry and Commerce of Zhengzhou city administration of industry and Commerce administrative penalties for unlicensed mobile vendors, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (14), Zhengzhou city animal health inspection agencies would violate the animal health supervision and laws, regulations, rules of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee established by law in accordance with the statutory conditions of organization and implementation;

    (15) in xinzheng city, zhongmou County motor vehicle repair industry regulatory bodies would be contrary to the car wash industry laws, rules and regulations of administrative punishment, commissioned comprehensive bonded area of Zhengzhou (Zhengzhou air harbor zone) Management Committee organization legally established in accordance with the statutory requirements. In accordance with the provisions of the preceding paragraph to entrust the implementation of administrative punishments, and entrusted the implementation of compulsory administrative measures relating to the right of administrative penalty shall not be delegated.

    Enforcement of administrative penalty decision, in accordance with the People's Republic of China administrative enforcement provisions of the Act.

    Fourth municipal administration, Zhengzhou urban outdoor advertising can be set for approval by the Administrative Department, delegate districts (excluding Street District) administrative departments of the city administration, and Zhengzhou, Zhengzhou economic and technological development zone, comprehensive bonded area of zhengdong new district, Zhengzhou (Zhengzhou air harbor zone) Management Committee.

    Zhengzhou municipal set administrative administrative authorities violate outdoor advertising laws, regulations, rules of administrative punishment, delegate districts (not including street district) administrative law enforcement agency of the city and Zhengzhou, Zhengzhou economic and technological development zone, comprehensive bonded area of zhengdong new district, Zhengzhou (Zhengzhou air harbor zone) Management Committee organization legally established in accordance with the statutory requirements.

    Fifth article in city-level people's Governments to set up special areas within the Authority's jurisdiction, city and County (city, district) culture, radio, TV, press and publication administrative authorities about possible cultural market, radio and television, the press and publication administrative license, the administrative approval items, delegate authorities implemented a special area.

    City, County (city, district) culture, radio, TV, press and publication administrative authorities would violate the cultural market, the press and publishing, radio and television management laws, regulations, rules of administrative punishment, commissioned a special area management bodies established according to law and meets the statutory requirements of the organization.

    Sixth article in city-level people's Governments to set up special areas within the Authority's jurisdiction, city and County (city, district) civil affairs departments can integrate social groups, privately-run non-enterprise unit social organization registration and management of administrative licensing and administrative penalties, delegate authorities implemented a special area. Seventh according to the provisions of the delegate, delegate agencies commissioned by authorized agencies shall conclude the book. Power of attorney the entrusting administrative organ shall be included name, address, legal representative, was entrusted with the Organization's name, address, legal representative, delegate, powers of administrative law enforcement, according to delegate administrative enforcement of, delegate administrative law enforcement period, delegate the rights and obligations of both parties, and should bear the responsibility, and so on.

    Principal organs, by the legal representative of the applicant shall sign on the power of Attorney, power of attorney should be stamped on both sides unit seal.

    Administrative law-enforcement power of attorney before signing, shall be submitted to the municipal people's Government Legal Department, after the signing of city people's Government Legal Department. Eighth Commission administrative law enforcement, delegate authority shall delegate authority and the applicant's name, address, legal representative, and the scope of law enforcement, rights, deadlines, and the legal basis for such announcements.

    Without notice, shall not entrust the implementation of administrative law enforcement.

    Nineth entrusted with the unit should be within delegated scope, authority, and to delegate authority on behalf of the administrative law enforcement, shall not entrust other bodies, organizations or individuals.

    Entrusted with the implementation of administrative license, the administrative examination and approval and administrative punishment, in addition to outside's decision to accept or not to accept an application for administrative license shall be sealed by the principal administrative instruments of administrative enforcement, confiscated money and charge fees in accordance with the penalty to pay separation and two lines of income and expenditure provisions over to the special financial account.

    Tenth was entrusted with the implementation of administrative license, the administrative examination and approval and administrative penalties, entrusted with the units engaged in the administrative law enforcement personnel shall comply with the requirements of the training, examination and assessment of qualified and obtained a certificate of administrative law enforcement in Henan province before they can post law enforcement.

    11th the entrusting administrative organ shall strengthen the entrusted administrative unit of administrative law enforcement supervision and inspection, implementation of the report to the municipal people's Government on an annual basis delegate, and the legal responsibility for the consequences of a delegate implementation.

    The 12th article of the special area referred to in article fifth, sixth, and refers to the law is not to create a separate level of Government authorized by various development zones, industrial clusters, bonded zones, urban areas.

    This article fifth, sixth special area management bodies referred to in article, refers to the people's Governments above city level prescribed in the preceding paragraph of various development zones, industrial clusters, bonded zone, established by the new urban management committee and other agencies. The 13th article of the provisions come into force on the date of promulgation.