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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367244.shtml

Yunnan province, supervision and inspection of administrative licensing approaches

    (August 19, 2011, Yunnan Provincial people's Government, the 60th Executive meeting of September 16, 2011 169th promulgated by the people's Government of Yunnan province as of January 1, 2012) Chapter I General provisions

    First article to specification and strengthening administrative license supervision check work, protection citizens, and corporate and other organization of lawful rights and interests of, maintenance public interests and social order, guarantees and supervision administrative organ effective implementation administration, according to People's Republic of China administrative license method (following referred to administrative license method), and Yunnan province administrative law enforcement supervision Ordinance, about legal, and regulations, combined this province actual, developed this approach.

    Article a higher administrative authority within the administrative area of the province of lower administrative authority to the supervision and inspection of the implementation of administrative licensing, as well as the implementation of administrative licensing authority the licensee is engaged in the supervision and inspection of administrative licensing matters concerning activity, these measures shall apply.

    Laws and regulations authorize the implementation of administrative licensing these measures shall apply to the provisions of relevant administrative organs of the organization.

    In accordance with the laws, regulations and rules of the executive authorities entrusted with the implementation of administrative licensing procedures apply the relevant provisions.

    Supervision and inspection of administrative licensing article III shall follow the open, fair, just and convenient principle, combining internal and external supervision, daily monitoring combined with the special inspectors, combining active oversight and complaint reporting, criticism and education combined with responsibility. Article fourth provincial people's Government, the unified leadership of the province's administrative license supervision and inspection work.

    Provincial legal department heads the province's supervision and inspection of administrative licensing work.

    Fifth people's Governments above the county level and their departments who will have administrative license according to law is the supervision and inspection of administrative licensing organ, responsible for supervision and inspection of administrative licensing work.

    Legislative Affairs Department of the people's Governments above the county level people's Governments above the county level and their departments legal agencies or other bodies responsible for legal work is the supervision and inspection of administrative licensing bodies, supervision and inspection of administrative licensing organ at the corresponding level, under the leadership of is responsible for the supervision and inspection of administrative licensing work, carry out the following functions:

    (A) develop or participate in the preparation of the relevant supervision and inspection of the system of administrative licensing;

    (B) matters in accordance with this approach, methods and procedures, organizing the implementation of administrative licensing work supervision and inspection;

    (C) to study the problems found in the supervision and inspection of administrative license, make recommendations for improvement to the relevant administrative authority in a timely manner, major issues reported to the supervision and inspection of administrative licensing authorities in a timely manner;

    (Iv) for violations of the administrative licensing law and these rules of behavior, in accordance with the recommendations dealing with the limits of authority and procedures;

    (E) other duties stipulated by laws, rules and regulations.

    Sixth administrative license supervision and inspection authorities and institutions to perform their duties of supervision and inspection of administrative licensing staff administrative licensing inspectors, responsible for the supervision and inspection of the implementation of administrative licensing.

    Seventh supervisory bodies, audit authorities responsible for the supervision and inspection of administrative permission law specifically to monitor the work.

    The people's Government above the county level financial, pricing departments in its statutory mandate, is responsible for the supervision and inspection of the special supervision of administrative licensing work.

    Eighth levels of people's Governments and their respective sectors of administrative license according to law is the implementation of administrative licensing organ within its statutory mandate, the implementation of administrative licensing.

    The implementation of administrative licensing organ shall establish and improve supervision and inspection system, in its statutory mandate, the licensee engaged in the implementation of administrative licensing items supervision and inspection.

    The implementation of administrative licensing organ of higher administrative authority deems it necessary, it can direct the licensee to engage in the activities implementation of administrative licensing matters concerning supervision and inspection.

    Nineth executive authorities the implementation of administrative licensing and the acceptance and implementation of the supervision and inspection of administrative permission, should serve as the assessment of the Executive Administration and an important element of performance assessment.

    Tenth administrative license supervision and inspection authorities and their supervision and inspection agencies the implementation of administrative licensing requirements for supervision and inspection shall be included in the Authority's budget, be guaranteed by the governmental finance.

    Chapter II supervision and inspection of the implementation of administrative licensing organ

    11th supervision and inspection of administrative licensing organ responsible for supervising the implementation of administrative licensing organ examination work by the organs regarding administrative licensing inspectors responsible for supervision and inspection agencies and legal system.

    Level under the people's Governments above the county level are responsible for the people's Government (including the Agency) and the people's Governments at the corresponding level supervision and inspection departments of the implementation of administrative licensing.

    Authorities are responsible for the lower level people's Government above the county level people's Government departments (including agencies) the supervision and inspection of the implementation of the administrative license.

    Implementation of vertical sector level on the implementation of administrative license by the competent authorities responsible for supervision and inspection, and accepted a seat the people's Governments at the same level of supervision and inspection.

    The executive authorities entrusted with the implementation of administrative Licensing Executive is responsible for the supervision and inspection by a delegate, and entrusted to the Executive level administrative body of supervision and inspection.

    12th more supervision and inspection of administrative licensing organ to the same supervision and inspection of the implementation of administrative licensing organ the same matter disagree, not sure how to execute, adjudicated by a higher administrative authority of its common, but implement vertical departments shall carry out supervision and inspection departments.

    13th on the implementation of administrative licensing organ and its staff supervise and check whether they have legal qualifications, including the following:

    (A) the implementation of administrative licensing qualification is confirmed by the review authority and to the public;

    (B) the implementation of administrative licensing organ entrust other administrative bodies of the implementation of administrative licensing, is within its statutory mandate, the delegate, delegate in accordance with laws, rules and regulations, will be entrusted with Executive and entrusted with the implementation of administrative licensing shall be published;

    (C) the implementation of administrative licensing authority for administrative licensing staff are holders of a valid certificate of administrative law enforcement.

    Article 14th on the implementation of administrative licensing organ whether there is any legal basis for supervision and inspection of administrative license, include the following:

    (A) implement the administrative licensing law, administrative regulations or the State Council decided to set, local laws or provincial regulations;

    (B) whether the implementation of administrative licensing outside of the statutory criteria to add conditions.

    15th for the implementation of administrative licensing organ Executive to supervise and inspect the list of licensed projects, includes the following: (A) whether according to law set of administrative license prepared administrative license project directory, levels Government implementation of administrative license project directory whether by this level government legal sector prepared and to social announced; County above Government belongs sector implementation of administrative license project directory whether by sibling government legal sector audit confirmed and to social announced; implemented vertical of sector implementation of administrative license project directory whether by superior competent sector audit confirmed and to sibling government legal sector record and to social announced

    ;

    (B) the implementation of administrative licensing items list of dynamic management, changes in administrative licensing items or related content, whether a review in accordance with the provisions of the preceding paragraph has been confirmed and announced to the public.

    16th on the implementation of administrative licensing organ supervising the legality of procedures for the implementation of administrative licensing examination, include the following:

    (A) the implementation of administrative licensing matters, quantity, basis, conditions, procedures, deadlines and the need to submit a list of all materials and application model, and so on, is at work place and the administrative Web site publicity;

    (B) accept or not to accept administrative licensing applications, compliance with the statutory procedure in conformity with the statutory requirements in written form;

    (C) review of administrative Licensing application and found that administrative licensing items directly related to the vital interests of others, informed interested persons and hearing applications for administrative license people, the views of interested parties;

    (D) the laws, rules and regulations the implementation of administrative licensing shall be heard or whether the major administrative licensing matters concerning public interest hearing according to law;

    (E) the implementation of administrative licensing tenders, auctions, inspection, testing, quarantine and given specific qualifications, qualifications to ascertain whether such activities in accordance with law;

    (F) make a decision on whether or not written decision of administrative license beyond the statutory period or time limit, able to decide on the spot whether you make a written decision on the administrative license on the spot;

    (G) decide whether approving an administrative license is made public according to law;

    (H) decision no administrative license is made, whether it is justified and inform the license applicants apply for administrative reconsideration or bring an administrative suit the rights;

    (I) the modification, cancellation, withdrawal, revocation, cancellation of an administrative license in accordance with law;

    (10) on the implementation of administrative licensing matters of administrative license and the licensee activity in the process of conducting supervision and inspection of records, evidence and law enforcement documents, in accordance with the provisions of filing.

    17th administrative licensing fees and charges relating to the supervision and inspection of the legality of acts, including the following:

    (A) whether administrative licensing fees according to the laws and administrative regulations, if approved by the authority;

    (B) the basis for licensing fees, projects, published standards;

    (C) administrative pay all license fees charged by the National Treasury in accordance with law, whether there are withheld, misappropriated, privately divide or disguised privately, whether or not any refunded or returned in disguise;

    (D) does have a license to use administrative requirements of an administrative license applicant, licensee purchase specified commodities and to accept paid services or providing gifts and services.

    Article 18th on the implementation of administrative licensing organ to perform their supervision and inspection of administrative licensing matters concerning activity of the licensee responsibility for supervision and inspection, including the following:

    (A) establishing administrative license for licensee system of supervision and inspection activities;

    (B) whether a licensee engaged in the activities of the administrative licensing items written verification in accordance with law;
(C) the production and operation of the licensee product in accordance with sampling, inspection and testing, to check whether its place of business in accordance with the field;

    (D) directly related to public safety, human health, life and property safety of equipment and facilities are regularly inspected;

    (V) interfere with licensee's normal production and operation activities;

    (F) whether the solicitation or acceptance by Licensee's property and seeking other interests;

    (G) the licensee whether the illegal activities of the matters of administrative license according to law.

    Article 19th supervision and inspection of the implementation of administrative licensing organ mainly take the following approach:

    (A) hear the report on the implementation of administrative licensing organ;

    (B) read the implementation of administrative licensing related files, ledgers, and related materials;

    (C) to review the administrative licensing organ and its personnel;

    (Iv) review of administrative licensing items submitted for the record;

    (E) hearing the views of the licensee;

    (Vi) implementation of daily supervision and inspection in or Special Inspector.

    20th the citizens, legal persons or other organizations considered that the implementation of administrative licensing illegal administrative organs and their staff licenses or failing to fulfil their duties of supervision and inspection, right to the supervision and inspection of administrative licensing organ and its supervision and inspection of administrative licensing agency or Watchdog complaints, he added. Organs, agencies listed in the preceding paragraph received citizen complaints, reports, legal person or any other organization, it shall investigate and deal with investigation and handling of or in conjunction with relevant bodies, agencies, and within 30 working days from date of acceptance to replying to; and reporting of complaints do not fall within the accepted shall be immediately transmitted to the agency or to inform complaints made to the relevant agency or informants.

    Otherwise provided by laws and regulations, from its provisions.

    Article 21st supervision and inspection of administrative licensing organ found in the supervision and inspection of the implementation of administrative licensing organ of the administrative licensing law article 69th circumstances, can annul of an administrative license in accordance with law, or to order withdrawn.

    Chapter III supervision and inspection of the licensee 22nd the implementation of administrative licensing organ is the supervision and inspection of administrative licensing matters concerning activity of the licensee, this organs regarding administrative licensing work supervision and inspection bodies responsible for or with the relevant operational agencies in charge.

    Supervision mainly covers the following:

    (A) the licensee and whether the activities of administrative licensing items in line with decision on approving an administrative license is made statutory conditions, criteria, scope and methods;

    (B) whether the licensee fulfilled its legal obligation of administrative licensing matters concerning activity.

    23rd the implementation of administrative licensing authority the licensee is engaged in the supervision and inspection of administrative licensing matters concerning activity, you can take the form of written verification and on-site inspection.

    Written verification of material can achieve the purpose of supervision and inspection, and shall take the form of a written verification of supervision and inspection.

    The implementation of administrative licensing organ shall on the following matters and on site inspections:

    (A) requires sampling, testing, inspection, and quarantine of products;

    (B) require periodic inspection directly related to public safety, human health and life and property safety of equipment and facilities;

    (C) require inspections place;

    (D) the exploitation of finite natural resources of the site;

    (E) the laws, rules and regulations should be places of on-site inspections and other matters.

    Article 24th for taking written verification of administrative licensing items, the implementation of administrative licensing organ shall, by way of written notice or, inform the licensee a written verification of content, time and content of the submitted material, and requirements.

    The implementation of administrative licensing organ after receiving the licensee to submit materials, shall promptly check whether the licensee in accordance with the decision on approving an administrative license is made statutory requirements in administrative licensing matters, standards, scope and activities. 25th the implementation of administrative licensing organ to conduct on-site inspections shall be assigned two or more administrative licensing inspectors responsible for handling. Administrative permission from the inspectors shall produce their certificates to Licensee identification and inform the licensee's rights and obligations.

    Unless there are clearly illegal reporting licensee engaged in the matters of administrative license or informed in advance may interfere with the supervision and inspection of other facts, on-site inspections of the implementation of administrative licensing authorities shall inform the licensee.

    Field checks can take field, have access to the material, ask about staff, listen to the parties ' statements and other methods.

    The implementation of administrative licensing organ and its supervision and inspection personnel to perform their duties of supervision and inspection, the licensee shall provide relevant information and materials, and may be required.

    26th the implementation of administrative licensing organ shall licensee engaged in the supervision and inspection of administrative licensing matters concerning activity and results recorded and inform the licensee in writing, and can be credited to the licensee's credit file.

    Licensee objected to the inspection and processing of the results, the implementation of administrative licensing organ should be reviewed according to relevant provisions. Records of the results of supervision and inspection of administrative licensing and processing involving State secrets, business secrets or individual privacy, a public right of access.

    The implementation of administrative licensing organ should be in Office and a Web site for public inspection records provided convenient conditions of supervision and inspection of administrative licensing.

    27th the implementation of administrative licensing organ shall establish citizens, legal persons or other organizations to complain about illegal activities of the matters of administrative license, the reporting system, published complaints information such as the telephone, mail, Web, reporting, identify inadmissible persons.

    The implementation of administrative licensing organ after receiving the complaints, reported in the preceding paragraph, shall verify within 30 working days and verified informed complaints, whistleblower, whistleblower complaints, and kept confidential.

    28th the implementation of administrative licensing authority shall, in accordance with the administrative licensing law 64th of the rules establishing the offences investigated and dealt with a copy of the licensee system, and in accordance with the law on administrative licensing 68th urges licensee as provided in article to establish self-censorship.

    29th the implementation of administrative licensing organ found in the supervision and inspection of the licensee in violation of the law on administrative licensing shall be investigated and dealt with according to law.

    30th the implementation of administrative licensing organ found in the supervision and inspection of the licensee of the administrative licensing law article 69th, it shall revoke the licensing for their administration.

    31st the implementation of administrative licensing organ found in the supervision and inspection of the licensee of the administrative licensing law article 70th of the circumstances shall be in accordance with the law on administrative licensing of the cancellation.

    The fourth chapter legal liability

    32nd supervision and inspection of administrative licensing organ and their supervision and inspection agencies to perform their duties of supervision and inspection or inadequate supervision, resulting in serious consequences, by its higher administrative authorities or the supervision agency ordered corrective action and directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    Article 33rd implementation of administrative licensing inspectors from using the convenience of duty of 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; do not constitute a crime, by their administrative bodies, higher administrative authorities or by the supervisory authorities shall be subject to punishment.

    34th administrative licensing organ and its personnel have one of the following circumstances, by a higher administrative authority or supervisory organs shall be ordered to correct serious to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions:

    (A) in accordance with the provisions establishing and enforcing the implementation of administrative licensing system;

    (B) the implementation of administrative licensing qualification of these measures are not in accordance with the 13th article review confirm or list of administrative licensing items in accordance with the 15th provided verification of these measures and to the public;

    (C) the handling of administrative licensing staff without a valid certificate of administrative law enforcement.

    Article 35th of administrative licensing organ and its personnel in violation of the regulations, refuse or obstruct the supervision of administrative licensing examination or refusal to implement the supervision and inspection of administrative licensing decision by its higher administrative authorities or supervisory organs shall be ordered to correct to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.

    36th administrative licensing organ and its personnel have one of the following acts, by its higher administrative authorities or the supervision agency ordered corrective action and directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the handling of administrative licensing, supervision and inspection, solicitation or acceptance of other people's property, or seeking other interests;

    (B) depriving an administrative license applicant shall have the right to choose, assign the professional and technical services organizations before making a decision on the administrative license testing, inspection, and quarantine, identification tasks, administrative Licensing application and the damage;

    (C) using the power of administrative approval requirements of administrative license applicant, licensee purchase specified commodities and to accept paid services or providing gifts and services;

    (D) reveal license applicant, licensee of trade secrets or personal privacy;

    (E) when conducting supervision and inspection impede the normal production and operation activities of the licensee;

    (F) complaints, reporting law and the implementation of administrative licensing of the citizens, legal person or other organization retaliation.

    37th Executive staff of the disciplined, already hold a certificate of administrative law enforcement, a higher administrative authority or the authority shall withhold the certificate of administrative law enforcement; the circumstances are serious, shall withdraw its administrative documents, and transferred the administrative law enforcement positions.

    Article 38th licensee in the matters of administrative license activities in violation of the administrative licensing law and related laws, rules and regulations, by the implementation of administrative licensing organ or other administrative bodies in accordance with the administrative licensing law and relevant laws and regulations, administrative penalties regulation constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    39th supervision and inspection of administrative approval, in accordance with the measures implemented. 40th these measures come into force on January 1, 2012.