Advanced Search

Yunnan Province, Supervision And Inspection Of Administrative Licensing Approaches

Original Language Title: 云南省行政许可监督检查办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Administrative licence inspection methods in Yangan province

(Adopted by the 60th ordinary meeting of the People's Government of Yumnang on 19 August 2011, No. 169 of the People's Government Order No. 169 of 16 September 2011, published as effective 1 January 2012)

Chapter I General

Article 1, in order to regulate and strengthen administrative licensing inspections, protect the legitimate rights and interests of citizens, legal persons and other organizations, preserve public interests and social order, guarantee and monitor the effective administration of the executive branch, develop this approach in line with the relevant laws, regulations, such as the National People's Republic of China administrative licence law (hereinafter referred to as the administrative licence law), the Regulation on Administrative Enforcement in the Province of Yunnan.

Article 2 Supervision inspections of administrative authorizations by superior administrative organs within the current province, as well as supervision by administrative licensors for the activities of the licensee in administrative licence matters.

The law, legislation and regulations authorize the organization implementing administrative licences to apply the provisions of the scheme relating to the administration.

In accordance with the provisions of laws, regulations and regulations, the executive authority entrusted with implementing administrative licences shall apply the relevant provisions of the scheme.

Article 3. The inspection of administrative licences should be guided by the principles of openness, equity, justice and the private sector, the integration of internal oversight with external oversight, the combination of daily oversight with specialized inspections, the proactive monitoring and the integration of complaints reports and the criticization of education and accountability.

Article IV. The provincial Government is responsible for the supervision of administrative licences throughout the province.

Article 5. The Government of the people at the district level and the sector in which it belongs to the law has administrative licensorship, which is responsible for organizing administrative licence inspections.

The rule of law sector, or the other body responsible for the rule of law, which is owned by the Government of the more than veterans at the district level, is the administrative licensor oversight body, which is responsible for the day-to-day work of administrative licence inspections under the leadership of the supervisory body at this level.

(i) To develop or participate in the development of an accompanying system for inspection of administrative licences;

(ii) Organizing administrative licence oversight inspections, in accordance with matters, modalities and procedures under this approach;

(iii) To study the problems identified in the inspection of administrative licences and to make recommendations for improvements to the relevant administrative bodies in a timely manner, and to report to the administrative licensing inspection bodies on critical issues;

(iv) To make recommendations for treatment in accordance with the terms of reference and procedures for violations of the Administrative Accreditation Act and this approach;

(v) Other responsibilities under laws, regulations and regulations.

Article 6. The administrative licensor's supervisory authority and the administrative licensor's staff performing their duties under the law are administrative licensors responsible for the specific implementation of the administrative licence inspection.

Article 7. The inspectorate, the audit body is responsible for specialized oversight of administrative licence inspections under the law.

More than the people at the district level are responsible, within their statutory competence, for specialized oversight of administrative licence inspections.

Article 8. The Government of the people at all levels and the sectors in which it belongs are granted administrative licensors, and administrative licences are carried out within their statutory competence.

The executive licensor shall establish a robust monitoring inspection system to carry out oversight inspections of the activities of the licensee in administrative licence matters within its statutory mandate.

The superior administrative authority of the administrative licensor is of the opinion that, if necessary, the supervision of the activities of the licensee in administrative matters may be carried out directly.

Article 9 Implementation of administrative licences by the executive branch and the acceptance and implementation of administrative licence supervision inspections should be an important element of the evaluation of the performance of the executive branch in accordance with the law.

Article 10 The administrative licensor and its supervisory body are required to carry out administrative licence inspections, which should be included in the budget of the Authority and guaranteed by the current level of finance.

Chapter II Oversight inspection of the executive licensing authority

Article 11. The administrative licensor oversees the executive licensor and conducts specific work by the administrative licensor of the Authority and its Rule of Law inspectors.

More than the people at the district level are responsible for monitoring the administrative licence of the Government of the people at the next level, including the dispatch of agencies, and the sectors of the people's government.

The authorities of the people at the district level are responsible for the supervision of the executive licence in the sectors to which the people's Government belongs, including the dispatching agencies.

The implementation of administrative licences by the vertical-led sector is monitored by the superior authorities and is subject to supervision by the same-ranking people's government.

The executive body entrusted with implementing administrative licences is entrusted with supervision by the executive branch and is subject to supervision by the executive branch at the highest level of the executive body.

Article 12. The supervision of the same administrative licensor by more than two administrative licensor oversight bodies on the same matter of the same administrative licensor shall not determine how they are executed by their common superior administrative organs; however, the vertical leadership should implement the supervisory advice of the superior authorities.

Article 13 monitors the legal qualifications of the executive licensor and its staff, including, inter alia, the following:

(i) Whether the principal qualifications of the executive authority are reviewed by the competent authority and made public available to society;

(ii) Whether the executive authority entrusts other administrative organs with administrative authorization and, within its statutory mandate, whether or not, in accordance with the provisions of the law, regulations, regulations, or regulations, shall be entrusted to the executive organs and to the extent to which administrative licences are entrusted;

(iii) Whether the staff of the administrative licensor are in possession of effective administrative law enforcement documents.

Article 14.

(i) Whether administrative licences are granted by law, administrative regulations, the State's decision, local legislation or regulations of the Government of the province;

(ii) Does any additional conditions be added outside the statutory conditions when implementing administrative licences.

Article 15 monitors the publication by the executive licensor of the directory of the administrative licence project, including, inter alia, the following:

(i) Whether the directory of the administrative licence project, which is established by law, is to be prepared and made available to the Government of the people at all levels in accordance with the rule of law, and whether the directory of the administrative licence projects carried out by the authorities of the above-mentioned people at the district level has been reviewed and made available to society, and whether the directory of administrative licence projects implemented by the vertically-led sectors has been certified and made available to the same level of the Government;

(ii) Have a dynamic management of the directory of the administrative licence project, changes in the administrative licence project or the related content, and whether the previous procedure is reviewed and made public.

Article 16 does not lawfully conduct oversight inspections of the procedures for the enforcement of administrative licences by the administrative licensor, including, inter alia,:

(i) The implementation of administrative licences, on the basis, conditions, quantity, procedures, duration and the presentation of the full material required and the model text of the application, etc., is whether there is an indication of the location and the political website;

(ii) The admissibility or inadmissibility of an application for administrative licence, whether the procedure is in compliance with the statutory procedure and the written voucher that is in compliance with the statutory requirements;

(iii) In reviewing the application for administrative licences, it was found that administrative licensing matters directly related to the important interests of others, whether they were informed by the stakeholder and heard the opinion of the applicant for administrative licensor and the owner;

(iv) Whether laws, regulations and regulations stipulate that the application of administrative licences should be heard or whether significant administrative licence matters involving public interest are held in accordance with the law;

(v) Whether activities such as tendering, auctions, tests, testing, quarantine and granting specific qualifications, qualifications and qualifications are carried out by law;

(vi) Whether a written decision to grant or not an administrative licence exceeds the statutory period or the duration of the commitment period may be taken at the time when the decision is taken;

(vii) The decision to grant administrative permission to be made public in accordance with the law;

(viii) The decision not to grant administrative permission, whether the grounds are justified and communicated to the applicant the right to apply for administrative review or administrative proceedings in accordance with the law;

(ix) Whether changes, withdrawals, cancellations and cancellations of administrative licences are carried out by law;

(x) Whether the relevant records, evidence materials and law enforcement instruments developed in the course of monitoring inspections by the licensee in the course of the administrative licence and the activities of the licensee in the administration of the matter are filed in accordance with the prescribed file.

Article 17 examines the lawfulness of fees and fees for administrative licences, including, inter alia, the following matters:

(i) Is there a legal, administrative and regulatory basis for administrative licence charges and whether they are authorized by the competent authority;

(ii) The basis for administrative licence fees, whether projects, standards are made public;

(iii) Whether the administrative licence fees charged under the law are fully collateral, if there are cases where there are interceptions, misappropriation, private subordination or subordination, or if there is a return of the offence;

(iv) Whether the use of administrative licences requires administrative licensors, licensees to purchase designated commodities, receive paid services or provide gifts and services.

Article 18 conducts oversight inspections of whether the executive licensor performs its oversight duties under the law with respect to the activities of the licensee in administrative licence matters, including, inter alia, the following:

(i) Whether there is a monitoring inspection system for the licensee's activities in administrative licence matters;

(ii) Whether the activities of the licensee in administrative licence matters are carried out in writing by law;

(iii) Whether the products produced by the licensee are inspected, tested, tested and inspected by law and whether their place of production is inspected on the ground by law;

(iv) Whether the facilities conduct regular inspections of important equipment and facilities that directly relate to public safety, physical health and the safety of property;

(v) Are there any circumstances that impede the normal production of the licensee;

(vi) Are there any claims or receipts of the licensee's property and other interests;

(vii) Whether the activities of the licensee in violation of administrative licence matters are dealt with by law.

Article 19 oversees the executive licensor by:

(i) Hearing reports from the executive licensing authority;

(ii) Access to relevant files, desks and related materials for the implementation of administrative licences;

(iii) Conduct an evaluation of the executive licensing authority and its staff;

(iv) Review of administrative licence matters for the filing of a request;

(v) Hearing the views of the licensee;

(vi) Implementation of routine inspections or special inspections.

Article 20 citizens, legal persons or other organizations consider that the executive licensor and its staff carry out administrative licences in violation of the law or do not perform oversight duties under the law, have the right to lodge complaints, reports to the administrative licensor and its administrative licensor or inspection body.

The authorities, institutions listed in the previous paragraph receive complaints, reports from citizens, legal persons or other organizations, which shall be dealt with in accordance with the law or will be dealt with in conjunction with the relevant organs, bodies and bodies, and shall receive them within 30 working days from the date of admissibility; and the complaint, reporting shall be transmitted to the relevant organ at the time of the receipt or notification of the complaint, the reporting person shall submit to the relevant organ. The law, legislation and regulations provide otherwise, from their provisions.

Article 21, in the supervision of the inspectorate, found that the executive licensor had one of the circumstances of Article 69, paragraph 1, of the administrative licence law, which could be withdrawn by law or ordered to withdraw its own authority.

Chapter III Inspection of licensees

The executive licensor is the supervisory body for the licensee's activities in administrative licence matters, with specific work being undertaken by the administrative licensor of the Authority or to be responsible for the relevant business agencies. The oversight of inspection includes, inter alia, the following matters:

(i) The licensee and its activities in administrative licence matters are in accordance with the statutory conditions, standards, scope and modalities for granting administrative licence decisions;

(ii) Whether the licensor fulfils the statutory obligation to engage in administrative licence matters.

Article 23 Inspections of the licensee's activities in administrative licence matters may be carried out in writing verification and field inspections.

A written verification of the material could achieve the purpose of monitoring inspections and should be conducted in a written manner.

The executive licensor shall conduct field inspections by law on:

(i) The need for sampling inspection, testing, detection and quarantine products;

(ii) The need for regular testing of essential equipment, facilities and facilities that directly relate to public safety, the health of the person and the safety of the property;

(iii) The need for inspection of production operators on the ground;

(iv) Development of sites using limited natural resources;

(v) Other matters and places that should be inspected on the ground.

Article 24 provides a written verification method for the conduct of administrative licence activities, and the executive licensor shall communicate in advance the content, time and the content and requirements of the written verification, including through written or public announcements.

When the administrative licensor receives material from the licensee, it should verify in a timely manner whether the licensee engages in administrative licence matters in accordance with the statutory conditions, standards, scope and manner of granting administrative licence decisions.

Article 25 The administrative licensor shall carry out field inspections under the law and shall assign more than two administrative licensor inspectors responsible for processing. The administrative licensor shall present a document to the licensee and communicate the rights and obligations of the licensee. In addition to the existence of a clear report of the licensee's unlawful conduct of administrative licence activities or prior notification that may impede the monitoring of the authenticity of the inspection, the administrative licensor conducts field inspections shall notify the licensee in advance.

Field inspections can be carried out in accordance with the law, on-site, on access to relevant materials, interviews with the persons concerned and on the basis of the parties' statements.

When administrative licensors and their supervisors perform supervisory duties under the law, the licensor shall provide information and material, and cooperate with them.

Article 26 The executive licensor shall record the inspection and processing of the results of the licensor's activities in administrative licensor matters and inform the licensee in writing and may be recorded in the authentic letter of the licensee.

The licensor challenged the monitoring of the inspection and the treatment of the results, and the executive authority should review it in accordance with the relevant provisions.

The public has the right to access the administrative licence inspection and the record of the processing of results, in addition to those involving State secrets, commercial secrets or personal privacy. The administrative licensor shall provide easy access to the administrative licence inspection records for the public at the office and at the government website.

Article 27 shall establish a complaints, reporting system for offences committed by citizens, legal persons or other organizations to conduct administrative licence activities, publish information on complaints, reported telephones, boxes, website etc. and identify persons responsible.

The administrative licensor shall, after receipt of the complaints and reports provided in the preceding paragraph, verify the handling and verification of the processing of the complaint, the reporting person and communicate the complaint and the reporting person confidential.

In accordance with article 28, the administrative licensor shall establish the licensor's regime for the investigation of the offence committed by the licensee, in accordance with article 64, paragraph 1, of the Administrative Accreditation Act.

Article 29 found that the licensee had violated the administrative licence law in the supervision of the inspection, and should be checked by law.

Article 36, paragraph 2, of the Administrative Accreditation Act should be withdrawn by law by the executive licensor in the supervision of the inspection.

Article 31 of the administrative licence enforcement body found that the licensee had one of the circumstances of article 76 of the administrative licence law in the supervision of the inspection, and that the write-off procedure for the administrative licence should be governed by law.

Chapter IV Legal responsibility

Article 32, the administrative licensor and its supervisory inspectorate do not carry out the oversight duties or supervision of inspections in accordance with the law, causing serious consequences, redirected by its superior administrative or inspection authority, disposed of in accordance with the law by the competent person directly responsible and other persons directly responsible; constitutes an offence and criminal responsibility under the law.

Article 33 governs the exercise by the administrative licensor of the supervision of the inspection by using the facilities in its functions, requesting or receiving the property of another person or seeking other benefits, which constitutes criminal liability under the law, and does not constitute an offence and disposed of by law by its executive organs, superior administrative organs or inspection bodies.

Article 34 quantification of the executive authority and its staff is one of the following cases, which is being restructured by its superior administrative authority or by an inspection authority; in the case of serious circumstances, the competent and other direct responsible persons directly responsible are treated in accordance with the law:

(i) The establishment and implementation of an administrative licence system, as prescribed;

(ii) The principal qualifications of the executive licensor shall not be reviewed in accordance with Article 13 of this scheme or the directory of the administrative licence project shall not be reviewed in accordance with article 15 of this scheme and made public in society;

(iii) Staff handling administrative licences do not have valid administrative enforcement documents.

Article XV of the administrative licensor and its staff violate the provisions of this scheme by denying, impeding the inspection of administrative licences or refusing to implement the administrative licence supervision inspection decision, which is redirected by their superior administrative organs or by the inspection body, and by law by the competent and other direct responsibilities directly responsible.

Article XVI: The executive licensor and its staff have one of the following acts, which are being redirected by their superior administrative organs or by an inspection authority order, which is punishable by law by the competent and other direct responsible personnel directly responsible; and which constitutes an offence and is criminally liable by law:

(i) Where administrative licences, inspections are carried out, requests are made or received by another person's property or other interests;

(ii) Deprivation of the autonomy of the applicant under the law and the designation of the relevant professional technical service organizations to undertake pre-administered inspection, detection, quarantine and identification tasks that undermine the legitimate rights and interests of the administrative licensor;

(iii) The use of administrative licences requires administrative licensor applicants, licensees to purchase designated commodities, receive paid services or provide gifts and services;

(iv) Disclosure of the applicant, the licensee's commercial secret or personal privacy;

(v) In carrying out oversight inspections, the licensee's normal production activities;

(vi) Combat reprisals against citizens, legal persons or other organizations that reported violations of administrative licences.

Article 37, for the staff of the administrative organs disposed of, has been in possession of administrative law enforcement documents, which shall be subject to administrative law enforcement documents by a superior administrative body or by the authority; in serious circumstances, their administrative law enforcement documents should be collected and transferred from administrative law enforcement.

Article 338, in which the licensee violates the administrative licence law and related laws, regulations, regulations and regulations, is subject to administrative sanctions by the executive licensor or other administrative organs in accordance with the administrative licence law and the relevant laws, regulations, regulations and regulations, which constitute an offence and are criminalized by law.

Chapter V

Article 39 monitors inspections of non-administrative licences are carried out in the light of this approach.

Article 40