Shantou City Administrative Procedures

Original Language Title: 汕头市行政程序规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351908.shtml

Shantou city administrative procedures

    (April 1, 2011 the 12th Executive meeting of the people's Government of the 79th district, Shantou city through April 1, 2011 Government of Shantou, the 124th announced as of May 1, 2011) directory

    Chapter I General provisions

    Chapter II administrative procedures

    Section I and authorized by the laws and regulations of the Executive Organization

    Section II administrative organ or organization entrusted by law

    Section III of the parties and other participants

    Chapter III major administrative decision-making procedures

    Section I General provisions

    Section II major administrative decisions

    Fourth chapter administration procedure

    Section I General provisions

    Section II proceedings

    Section III surveys and evidence

    Fourth quarter decisions

    Fifth period

    Sixth section summary

    Administrative discretion in the seventh section benchmark

    The fifth chapter non-administrative license approval process

    Sixth chapter the special procedures

    Section of administrative contract

    Section II administrative guidance

    Section III administrative adjudication

    Fourth administrative mediation

    Fifth section administrative planning

    The seventh chapter of administrative hearing procedure

    Section I General provisions

    Section II administrative enforcement hearings

    The eighth chapter administrative openness

    The Nineth chapter administrative oversight and accountability

    The tenth chapter by-laws

    Chapter I General provisions

    First in order to regulate administrative acts to ensure legality, justice and efficiency and to supervise the executive authorities the exercise of administrative authority, protect the legitimate rights and interests of citizens, legal persons or other organizations, public interest and social order, in accordance with the Constitution and relevant laws and regulations, combined with the city's actual, these provisions are formulated. The second article of the municipal administrative organs to exercise the Executive authority of the administrative procedures, these provisions shall apply.

Laws, rules and regulations on administrative procedures otherwise provided, from its provisions. Laws and regulations authorized by the organization exercising administrative authority governed by these provisions the provisions of relevant administrative organs.

    Legally entrusted with the Organization in the exercise of administrative authority within the terms of reference, the present provisions shall apply. Third administrative organs shall, in accordance with laws, rules, regulations, and statutory authority in the exercise of executive authority in accordance with legal procedures.

    Not stipulated by laws, regulations, rules, administrative authorities shall not affect the citizens, legal persons or other organizations of legal rights or increasing the obligations of the citizens, legal person or other organization's decision.

Fourth administrative body exercising administrative authority shall follow the principles of fair, impartial, efficient, convenient, and improve service quality.

    Administrative bodies to exercise administrative discretion should be consistent with the objectives and principles, the measures taken should be necessary, appropriate administrative authorities may adopt a variety of measures for administrative purpose, you should select the maximum measures to protect the legitimate rights and interests of citizens, legal persons or other organizations.

    Article fifth administrative authorities shall, in the exercise of administrative authority based on results, procedures and open to citizens, legal persons or other organizations, involving State secrets, business secrets or private affairs otherwise.

VI a citizen, legal person or any other organization shall have the right to participate in administration, administration of the observations and recommendations made.

    Administrative bodies shall provide citizens, legal persons or other organizations involved in the Administration to provide the necessary conditions, take their legitimate and reasonable advice and recommendations.

    Article seventh executive branch of the State interests and public interests or other legal cause, the need to withdraw or change of administrative decision has entered into force, should be carried out in accordance with legal authority and procedure which caused property damage to citizens, legal persons or other organizations, compensation according to law.

Eighth people's Governments at various levels are responsible for the implementation of these provisions within the administrative area.

Municipal, district (County) Government legal departments and their legal institutions are responsible for the implementation of the provisions of the specific work.

    Municipal, district (County) Government offices as well as monitoring, personnel, prepare, finance and other sectors in accordance with their respective responsibilities, the implementation of the provisions of the relevant work.

    Chapter II administrative procedures

    Section I and authorized by the laws and regulations of the Executive Organization

    Nineth executive authorities mentioned in this provision shall include all levels of people's Governments and their departments, institutions and agencies directly under.

Tenth administrative organs of authority and jurisdiction in accordance with the laws, rules and regulations.

Municipal, district (County) Government based on relevant laws, regulations, rules, specified belongs to the Division of competence and jurisdiction of the Executive.

    Higher administrative authorities in accordance with relevant laws, regulations and rules, specified and subordinate Division of powers between the executive authorities and jurisdiction.

11th laws, rules and regulations on administrative division between the superior and subordinate administrative organs have not been clearly defined, higher administrative authority should be in favour of administrative efficiency and financial rights and powers to match management focus, consistent with the responsibilities of power, move down principle.

    Lower administrative authority to decide and deal with administrative matters should be dealt with by the lower administrative authority to make a decision and.

12th the laws, regulations and rules for Administration of territorial jurisdiction have not been clearly defined, governed by administrative organs of the Administration, except as determined in accordance with the following principles:

(A) concerning citizenship matters, governed by its home Executive; his domicile and habitual residence is inconsistent, and executive authorities of the habitual residence under the domicile and habitual residence are not clear from its final administrative jurisdiction of residence;

(B) relates to qualification of legal person or other organization, by its principal place of business or principal place of business the Executive jurisdiction;

    (C) relates to real property, real property jurisdiction of the local administrative authorities.

13th administrative duties and disputes between administrative authorities, by the parties to the dispute settled through consultation, by the governmental management in conjunction with government legal departments to coordinate views level people's Government for decision.

Executive responsibility disputes arising in the course of administrative law enforcement, by the parties to the dispute settled through consultation, in accordance with the following provisions:

(A) the parties to a dispute under the same Government, coordinated by the level of Government the Department of Legal Affairs, reported that the people's Governments at the corresponding level decisions;

    (B) the parties to a dispute are not under the same Government, coordinated by the Municipal Department of Legal Affairs, submitted to the municipal people's Government for decision.

Article 14th administration matters involving more than one administrative body, can be built by the main contractor of the executive-led system of coordination meetings and other relevant administrative organs.

Coordination meeting system should be established to take the lead administrative body, administrative agencies, job responsibilities, work rules and other issues.

    Coordination meetings negotiations fell through with the lead administrative body prescribes the opinion, reason and evidence and comment level people's Government for decision.

15th under any of the following circumstances, the administrative organ shall request relevant administrative organs to assist:

(A) exercise of powers administrative purposes cannot be achieved alone;

(B) the mission need factual information is incapable of investigation;

(C) the instruments necessary to perform official duties, data and information held by other administrative bodies themselves collect elusive;

(D) must request administrative assistance in other contexts. Requested the assistance of the administrative organ shall comply in a timely manner to assist shall not excuse or refusing to help.

Does not provide administrative assistance, it shall inform the requested authority in writing and state the reasons.

    Dispute arises due to administrative assistance, the requesting authority and assisting the authorities of executive decisions on the common level.

16th Executive staff duties, any of the following circumstances, shall apply for withdrawal is not requested to withdraw, the administrative organ shall order avoided, citizens, legal persons or other organizations may also apply for his withdrawal:

(A) relates to my interest;

(B) involved and I are husband, straight relationships, within three generations of blood relatives and relatives of close affinity has an interest;

(C) other information which may affect the impartiality in performing their duties. Withdrawal of the executive staff, determined by the head of the administrative organ in charge or the charge.

    Mainly responsible for the withdrawal of the executive authorities, by the people's Governments at the corresponding level, or the Department at a higher level.

Article 17th laws and regulations authorized within the statutory mandate of the Organization in their own name exercise the Executive power, and bear the corresponding legal responsibility. The organs and agencies of the Executive when the external exercise of administrative powers, administrative decisions shall be made in their own name.

    Except as otherwise provided by laws, rules and regulations.

    Section II administrative organ or organization entrusted by law

Article 18th delegated administrative authorities or organizations within the scope of delegated administrative authority, to delegate the exercise of administrative powers, on behalf of the Executive, and the resulting consequences the entrusting administrative organ shall bear the corresponding legal responsibility.

    Laws, regulations and rules provides that the executive authorities may entrust other administrative bodies or organization exercising administrative authority, delegated administrative organ or organization shall meet the conditions to fulfil their responsibilities.

19th the entrusting administrative organ and the entrusting administrative organ or organization shall enter into a written agreement, and the superior administrative departments and departments of people's Governments at the legal system.

Trust Agreement shall set forth the principal basis, matters, rights, duration, rights and obligations of the parties, legal liability, and so on.

    The trust agreement should delegate authority, entrusted with the organ or organization Office publicity and public offerings of Government information special issue, Public Affairs information network or the mass media and other means to the public.

20th Commission should be entrusted with the administration of the executive organ or supervise organizations handling the entrusted matters.

    Delegated administrative authorities or organizations should be allowed to complete the entrusted matters may not be entrusted with the matters delegated to administrative bodies, organizations or individuals.

    Section III of the parties and other participants

    Article 21st parties in these rules refers to administrative behavior has a legal interest, in the name of their citizens, legal persons or other organizations involved in the administrative procedure.
22nd and have a legal stake in the outcome of the administrative act of citizens, legal persons or other organizations, is an interested person, the administrative organ shall notify its participation in the administrative procedure.

    Article 23rd with limited capacity can participate in their age and intellect to adapt administrative procedures; other administrative procedures by the legal representative or agent, or with the consent of their legal representatives consent.

Incapacitated person by their legal agent to participate in the administrative procedure.

    Parties, interested parties may appoint 1 or 2 agents to participate in administrative procedures, laws, regulations or rules expressly provides the parties, interested parties must be personally involved in the administrative procedure, it should be personally involved in the administrative procedure. Article 24th large number of parties and interested persons, has not appointed a common representative, shall elect representatives who participate in the administrative procedure. Representative on behalf of all parties and interested persons to participate in administrative procedures.

Number of representatives shall not exceed 5 people.

    Representative selection, deletion, replacement, shall in writing inform the administrative authorities.

    25th the public, expert, advisory bodies, such as participation in accordance with the administrative procedures.

    26th the administrative program participants in administrative proceedings, shall have the right to be informed, to participate, to express and oversight powers.

    Chapter III major administrative decision-making procedures

    Section I General provisions

    27th an administrative decision should follow the law decision, the principles of scientific and democratic decision making.

    28th people's Governments at all levels should establish and improve the scientific and democratic decision-making systems, build public participation, expert, risk assessment, review of legality and brainstorming combines major administrative rules and procedures for decision-making.

29th administrative authorities should be carried out regularly on the implementation of the administrative decision of tracking and feedback, and adjust and improve the relevant policy.

    Administrative organs shall establish a sound system of administrative decision-making supervision and accountability system to achieve unity of decision-making power and decision-making responsibility.

30th levels of people's Governments (including the Government Office) can be in their own name in the Government regulatory documents; municipal, district (County) directly under the people's Government departments, institutions, agencies, and laws and regulations authorized by the management of public affairs organization in their own name developing sectoral normative documents.

Matters falling within the mandate of the Department, in principle by departments individually or jointly developing sectoral normative documents, but closely related to the immediate interests of the people, the community covers a wide range of matters, government regulatory documents can be developed.

    The deliberation and coordination agencies, departments, agencies, departments, internal bodies shall make no normative documents.

    31st administrative organs of normative documents, shall comply with the Shantou City Government to develop regulations and regulatory provisions of the Bill and the Shantou city government legal review of administrative decisions, the Shantou City Government Notice regulations, Shantou city, and the normative documents of the executive regulations and other provisions.

    Article 32nd citizens, legal persons or other organizations believe that the Executive is normative documents illegal, reviews recommendations to the municipality in writing, handled by the municipal people's Government departments according to the established procedures of the legal system.

    Section II major administrative decisions

33rd of municipal, district (County) Government made major administrative decisions, apply the provisions of this section; other administrative bodies of major administrative decision-making process with reference to the provisions of this section.

    Elaboration of the draft regulations and the development of regulations and regulatory documents, substantially involved in matters of administrative decision, shall comply with the provisions of this section.

Article 34th major administrative decisions in these rules refers to municipal, district (County) involving local people's Governments at the regional economic and social development, social covers a wide range, strong professional, administrative decision-making matters closely related to people's interests, including:

(A) major policy measures on economic and social development, national economic and social development plan and annual plan;

(B) the preparation of various important regional planning and overall planning, special planning;

(C) preparing financial budget and final accounts, major financial arrangements (including potential financial liability of financial requirements of the project), a major government investment projects, a major State-owned asset disposal;

(D) important administrative institutional fees and pricing of key commodities, the Government establishment and adjustment of prices of services;

(E) resource utilization, environmental protection, labour and employment, population and family planning, social security, education, health, food and drug administration, construction, safety, transportation, urban management measures;

(F) reform of the administrative measures;

(G) Government reward for important decisions;

(H) the establishment and adjustment of a major public emergency plan for, require long-term implementation of traffic control measures;

(IX) other significant matters within the competence of the Government.

    Specific matters and quantitative criteria of the major administrative decisions by the municipal, district (County) Government within the scope of the provisions of the preceding paragraph shall be determined and announced to the public.

35th Executive Heads of Government on behalf of the Governments of the major administrative decision-making exercise decision-making power.

Government departments, affiliated institutions, the lower level people's Governments and citizens, legal persons or other organizations considered significant decision of matters brought to the attention of the Government, we can make policy recommendations.

    Municipal, district (County) people's Governments shall establish and improve administrative decision-making consultation mechanism, improve intelligence and information support system for administrative decision-making.

Article 36th in charge of head of Government, government departments, organizations directly under the matters raised major administrative decisions and lower level people's Governments of the recommendations by the Executive Heads of Government to determine whether to enter the decision-making process.

    Unit of the undertaking in accordance with statutory terms of reference determined or designated by the Executive Head of the Government.

37th decision-making unit of the proposed decision should be to carry out research, comprehensive and accurate information required for decision-making, the actual development schemes, and seek the advice concerned the scope of the decision involved full consultations, form the draft decision.

On the need for more comparative research programme or controversial matters should develop more than two alternatives to choose from.

Draft decision sponsored by major administrative decisions should be a legal demonstration, you can make a cost-benefit analysis of the major administrative decisions.

    The undertaking may entrust an expert, professional services organizations, or other organizations with the necessary competence to complete work related to professional matters and decision. Article 38th matters according to law shall not be open to the outside, the undertaking shall be announced to the public draft major administrative decisions, for public comment.

Published include:

(A) draft programme of major administrative decision-making and its description;

(B) the public submissions, mode and start/end times;

(C) the contact and contact information, including mailing address, telephone, fax and e-mail.

    Decision organizers announce major executive decision time for public comment the draft programme shall not be less than the 20th.

39th undertaking units should organize expert research advisory bodies of the major administrative decisions or draft for need, feasibility and scientific arguments.

    Decisions undertaken by expert opinion should be label, reasonable views should be taken has not been adopted, it shall explain the reasons.

40th major administrative decisions after the publication of the draft programme, the undertaking shall, in accordance with the major administrative decisions impact on the public's scope, degree and other seminars, such as consultation and open hearings, listen to the views and suggestions of the community.

    The undertaking of the major administrative units should be the public making observations and recommendations to label, reasonable comments by the public should be taken has not been adopted, it shall explain the reasons.

41st under major administrative decisions in any of the following circumstances, shall hold a hearing:

(A) has significant impacts on public interest such as economic and social development;

(B) public awareness of the necessity of significant disputes on matters of administrative decision;

(C) the interests of citizens, legal persons or other organizations affected or related to public safety, affect social stability;

    (D) the laws, rules and regulations should be heard in other circumstances.

42nd of municipal, district (County) before the major administrative decisions of the Government, should be carried out by the people's Governments at the corresponding level of the rule to its legal review.

    Major legal review of administrative decisions of the municipal people's Government and the specific measures, in accordance with the implementation of the provisions of the Shantou City Government's administrative decision legal review area (s) people's Governments according to local conditions, make the region the major administrative decisions legal censorship, and submitted to the municipal people's Government for the record.

Article 43rd major administrative decisions after examination by the head of Government is in charge of the draft, the Executive Heads decided to submit the Government Executive or Government discussed in the plenary.

Government Executive or plenary meeting to consider the draft programme of major administrative decisions of the Government, should follow the following procedure:

(A) the undertaking units make decisions proposed programme narratives;

(B) the Government legal departments for legal review;

(C) meeting of other members to express their views;

(Iv) decision-making responsibilities owner comment;

    (E) the Executive heads to last comment.

44th major administrative decisions in collective consideration by the Executive heads on the basis of decision.

Executive heads on matters under consideration by the consent, different meaning, to suspend or to revisit the decision.

Draft programme of major administrative decisions suspended or revisit a decision over 1 year was again submitted the Government Executive meeting or the Government for consideration in plenary meeting, the draft programme of exiting major decision-making process.

Chief Administrative Officer of inconsistent decisions and the views of members of the majority, it shall explain the reasons.

    Government Executive or plenary meetings of the Government, should document the discussions and decisions of the major administrative decisions, the different views should be stated.

    Article 45th major public emergencies or important decision the emergency Government must be immediately, the Government Chief delegate in charge of the head or administrative head of the provisional decision, and confirmed promptly after the attention of the Executive meeting of the Government.

    46th of municipal, district (County) Government major administrative decisions by law need to be submitted to the next higher people's Government according to law should be brought to the people's congresses and their standing committees at the same level review decision, according to the prescribed procedures submitted to the next higher people's Government or that the people's congresses and their standing committees at the same level for consideration.
47th of municipal, district (County) Government should major administrative decisions are made within 20th of, publicize major administrative decision results.

    48th decision-making bodies shall be conducted through investigation, assessment measures to supervise the implementation of major administrative decisions. Decision the Executive authority shall, in accordance with their respective responsibilities, implementing major administrative decisions.

Supervisory authorities should be to supervise the implementation of the major administrative decisions. Decision the Executive authority, supervisory authorities and citizens, legal persons or other organizations considered significant administrative decision-making and its implementation of any unlawful or inappropriate, can be submitted to the policy-making organs.

    Policy-making organs should promptly organize research, demonstration, and continue execution, stop execution, the decision to suspend or amend the decision.

    49th decision-making bodies should be regular assessment of the implementation of major administrative decision-making organizations and evaluation results to the general public.

    Fourth chapter administration procedure

    Section I General provisions

    50th article of administrative law enforcement in these rules refers to the exercise of administrative powers according to law, the executive authorities perform administrative duties, affect the citizens, legal persons or other organizations of the rights and obligations of a specific administrative act, including administrative license, the administrative punishment and administrative compulsory, executive pay, administrative collection and administrative expropriation.

51st city, (district) and county administrative body to which it belongs should be the subject of administrative law enforcement qualifications, competence, law enforcement based on the audit, confirm, and announced to the public. Legislative Affairs Department of administrative law enforcement personnel shall participate in the municipal organization for the harmonization of administrative law enforcement training through examinations, and the people's Government of Guangdong Province, after the administrative law enforcement certificates, may engage in law enforcement activities.

    Laws, rules and regulations on administrative law enforcement documents name, issued by the authorities otherwise provided, from its provisions.

52nd of municipal, district (County) Government based on administrative needs, can be associated with related administrative law enforcement.

    Participate in joint enforcement of administrative authorities within the scope of their respective mandates, shall exercise administrative powers, administrative responsibilities, and bear the corresponding legal responsibility.

53rd executive law enforcement needs the Executive headed by multiple agencies, the administrative organ shall determine an institution receives citizens, legal persons or other organizations for uniform administrative enforcement decisions.

    Administrative law enforcement matters respectively by two or more administrative authorities, municipal, district (County) Government can determine an administrative organ or administrative Center window to accept the application, and by an administrative authority in conjunction with the relevant administrative authorities bring forward views through the integration, joint management, centralized management or organization of the relevant administrative organs.

54th administrative organs shall establish a responsibility system, clarify responsibilities of the sponsor, checker and approver, and configured according to the positions of the organs of law enforcement agencies and law enforcement, legal authority down to specific law enforcement and law enforcement positions.

    Administrative law enforcement matters with administrative authority should be in accordance with the basis, conditions and procedures for administrative enforcement, trial observations and reasons put forward by the undertaker, after a reviewer, approved by the approval decision.

55th laws, rules and regulations provided by the municipal people's Governments and their departments of administrative licensing, administrative punishment and administrative compulsory powers, subject to unified coordination and administration of matters by the higher administrative authority can delegate (s) people's Government or the Department to which it belongs.

    Laws, rules and regulations provided by the district (County) exercise of people's Governments and their departments related to economic development, market supervision, social management, public service and people's livelihood cause of administrative licensing, administrative sanctions, administrative enforcement powers and can delegate designated by the provincial people's Government to have a certain population size and economic strength of the large town. 56th in administrative enforcement process, the administrative organ shall fulfill its obligation.

Administrative law enforcement to inform should be in writing; when the urgency of the situation, oral and other means can be used, but shall inform in written form, except in accordance with law. Executive to affected parties, interested parties legal rights or increasing the obligations of administrative enforcement decisions, should be told the facts, reasons and administrative enforcement decisions based on party or an interested person has the right to representation and to defend themselves.

    Executive administrative enforcement decisions, it shall inform the administrative reconsideration or administrative proceedings, terms and approaches.

    57th directly influence the law-administrative law enforcement of rights, obligations and not part of that must be executed immediately, the administrative organs shall conduct education, advising or directing.

Article 58th of administrative law enforcement organs should be related instruments, supervision and inspection of records, evidence and other material, in accordance with the relevant provisions of the timely filing, administrative law enforcement cases.

    Citizens, legal persons or other organizations available in accordance with the provisions of administrative law enforcement files, but shall be kept confidential except in accordance with law.

    Section II proceedings

59th start administrative procedure ex officio by administrative organs according to law, or according to the applications of the citizens, legal persons or other organizations to start. Administrative authorities initiate proceedings ex officio, should be filled in by the administrative law-enforcement officers starts form submitted to approval of the head of the administrative organ.

The urgency of the situation, and after the event.

    Citizens, legal persons or other organizations believe that their applications meet the statutory requirements, administrative law enforcement procedures can be started by an administrative organ.

60th of the administrative organs of the parties to the application, and should be dealt with separately according to the following conditions:

(A) the application does not need to start the administrative enforcement procedures, decisions should be made inadmissible;

(B) the application does not belong to the terms of reference of the executive authorities in accordance with law, decisions should be made inadmissible, and told the parties to apply to the relevant administrative authorities;

(C) application errors that can be corrected on the spot, should allow the parties to be corrected on the spot;

(D) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within 5 working days once told all parties need to supplement content, fails to inform the, shall be accepted as of the date of receipt of the application materials; parties within the deadline does not supplement, deemed withdrawal of the application;

(V) application belongs to the administrative body terms of reference, application materials are complete and comply with the statutory format, or the parties submitted in accordance with the requirements of the administrative authority of all corrected application materials, should be inadmissible.

Administrative organs shall entrust other administrative bodies or organizations handle matters with the management of public affairs functions, applying directly to delegate administrative authority by the parties, entrusting administrative organ shall accept, or inform the parties entrusted with the application of the administrative organ or organization.

    Accepting or not accepting the party applying for the executive authorities, certificate with the seal and date the executive authorities should be in written form.

    Section III surveys and evidence

61st after the commencement of administrative proceedings, the administrative organ shall investigate the facts, collecting evidence, if necessary, can be examined in accordance with law. Executive investigations or inspections, enforcement officers shall not be less than 2, and shall produce to the party or person concerned administrative law enforcement documents, be recorded in the records of the investigation.

    Does not produce a certificate of administrative law enforcement by law enforcement officials, the party or the person concerned has the right to refuse to accept the investigation or inspection.

    62nd Executive shall take legitimate means and in accordance with the statutory procedures, comprehensive, objective and impartial manner to collect evidence, not only to collect evidence against the party. 63rd party shall cooperate with the investigation or examination of the executive authorities, and providing materials and information associated with the administrative law enforcement matters.

    Knowing the situation of citizens, legal persons or other organizations should assist the investigation or examination of the Executive.

64th Administrative Executive evidence shall include:

(A) documentary evidence;

(B) physical evidence;

(C) the statement of the parties;

(D) the testimony of witnesses;

(V) audio-visual material, computer data;

(F) expert conclusions;

(VII) transcripts, field notes;

    (H) the laws, regulations and other evidence.

65th following evidence shall not be used as administrative enforcement decisions by:

(A) violations of statutory procedures to collect;

(B) illicit videotaping, illegally steal record achieved, illegal wiretaps and other means to infringe the legitimate rights and interests;

(C) to inducement, fraud, coercion, violence or other improper means;

(D) no other evidence confirms, and personnel are not authorized copying or reproduction of the evidence;

(E) failed to identify the authenticity of;

(Vi) does not correctly express the will of the witness's testimony;

(VII) in the People's Republic of China outside the field of formation of legal proof formalities is not;

    (VIII) does not have the legitimacy and authenticity of other evidence.

    66th administrative enforcement decisions based on the evidence, the executive authorities should be verified, the parties have the right to make statements or representations.

67th of the administrative organ shall make administrative enforcement decisions the legality, suitability to assume the burden of proof.

Request administrative enforcement decisions made by the administrative authority, the Parties shall submit the relevant materials and reflect the true situation.

    In accordance with the statutory conditions and procedures, need to verify the substance of the material submitted by the parties, the administrative organ shall assign 2 or more staff for verification.

68th for the statements of parties and interested persons and to defend themselves, the administrative organ shall be recorded and included in the file.

    For a party or interested person the facts, reasons and evidence, administrative organs shall review and adopt its reasonable opinion; inadmissible, it shall explain the reasons.

69th under any of the following circumstances, the Executive should hold a hearing before making an administrative law enforcement:

(A) laws, regulations, rules and regulations should be holding hearings;

(B) the administrative authorities shall inform hearing rights, parties and interested persons to apply for a hearing within the prescribed;

(C) deemed necessary by the administrative body;

    (D) the party or interested person to apply for, the Executive deems it necessary.

    Fourth quarter decisions

70th General administrative law enforcement by administrative organs in charge of or in charge of responsible decision.
Major administrative law enforcement matters should be discussed by the Executive Head of the collective decisions concerning economic and social development, and public interests as well as professional, technical, should be demonstrated by experts or after the review, make a decision.

    71st administrative enforcement decisions in accordance with the administrative organ shall be served on the parties.

Administrative sanctions, administrative enforcement, administrative collection and administrative expropriation, service of the decision of the administrative inspection according to law, the administrative organ shall not be required to fulfill. Administrative enforcement decisions take effect from the date of delivery.

    Administrative enforcement decisions have conditions or time limit, and shall specify the terms or duration of administrative enforcement decisions in force.

72nd administrative enforcement decisions documents shall include the following:

(A) the basic situation of the parties;

(B) the facts and evidence of facts;

(C) applicable laws and regulations;

(D) determines the content;

(E) the manner and time of performance;

(Vi) ways and deadlines for legal remedies;

(VII) the seal and the date of the Executive;

(H) shall set forth the matters.

    Administrative law-enforcement-decision instrument should apply to; summary procedure, you can use formatting instruments.

    Fifth period

73rd laws, regulations, rules on the duration of administrative law enforcement regulations, the executive authorities must be within the statutory time limit.

The administrative organ shall by optimizing work processes, improve efficiency, making the actual settles for less than the statutory time limit.

    Executive commitment to administrative law enforcement matters processing time limit shorter than the statutory time limit or other processing time limit provisions of this section, during the commitment period should be completed in time.

74th laws, rules and regulations on the matter has not been enforcing provisions of the term, in addition to can handle things on the spot, the Executive term concluded shall, in accordance with the following provisions:

(A) involve only one administrative body of administrative law enforcement matters, shall from the date of acceptance of the application in the 20th concluded 20th cannot be concluded, approved by the head of this body, can extend the 10th, and shall inform the applicant of the reasons for such further period;

(B) the administrative law enforcement matters involving two or more administrative authorities, shall from the date of acceptance of the application within 45 days originally; cannot be concluded within 45 days, approved by the head of the people's Governments at the corresponding level, you can extend the 15th, and shall inform the applicant of the reasons for such further period;

(C) it must first be approved by the lower administrative authority according to law review or administrative matters approved by the higher administrative authority responsible for review or approval of the administrative organ shall, from the date of acceptance in the 20th review or approval is completed;

    (D) the Administration ex officio commencement of administrative enforcement proceedings of administrative law enforcement matters, shall, within 60 days from the date of the commencement of proceedings concluded; cannot be concluded within 60 days, approved by the head of this body, you can extend the 30th, and shall inform the parties of the reasons for the extension should be.

    75th executive administrative enforcement decisions are required by law to issue the relevant certificates, shall take a decision within 10th of the applicants will be issued, service related documents stamped with the seal of the administrative organs.

    76th administrative organs shall, in accordance with efficient convenient principle and the requirements of this provision, specifying the authorities of each administrative law enforcement matters processing time limit and in accordance with the regulations to the public. 77th executive administrative enforcement decisions, requiring hearing according to law, tenders, auctions, inspection, inspection, and quarantine, verification, expert reviews, publicity, accreditation, supervision, administrative authorities and other necessary procedures, within the time required is not included in processing time limit.

    Time required for administrative law enforcement agency shall inform the parties in writing.

78th Executive had to perform their statutory duties, or delay in the fulfilment of statutory duties.

Executive management during the term of non-statutory basis or justification for not ex officio or failed to make application for commencement of administrative enforcement procedures, not to perform the statutory duties.

    Executive management during the term of non-statutory basis or justification, although starting administrative procedure but did not make a timely decision of the administrative law enforcement, which belongs to the delay in the fulfilment of statutory duties.

    Sixth section summary

79th under any of the following circumstances, the administrative organ may apply summary procedure of administrative enforcement decisions:

(A) matters of administrative law enforcement facts is simple and can be verified on the spot, to be taken by decision of the administrative law enforcement in accordance with clear, little effect on the parties ' rights;

(B) matters of administrative enforcement of law does not need to verify the substance of the application and the applicant to submit the application materials are complete and comply with the statutory format.

    Laws, rules and regulations on the application of the simplified procedure provided in range from its provisions.

80th on the matter of summary proceedings, administrative law enforcement personnel may orally inform the parties of the administrative enforcement decisions, facts, evidence and reason, and listen to the statements of the parties and to defend themselves.

    Establishment of the facts and reasons or evidence submitted by the parties, administrative law enforcement personnel shall be taken not to adopt the reasons shall be given.

81st article of summary proceedings, administrative enforcement decisions should be made on the spot, fill out the order form, make a number of administrative enforcement decisions.

    Administrative law enforcement personnel of administrative enforcement decisions are made on the spot, archive records should be reported to the respective administrative authorities.

    Administrative discretion in the seventh section benchmark

    82nd benchmark of administrative discretion in these rules refers to ex officio on the executive authorities the statutory embodiment of the right of administrative discretion of the applicable rules.

83rd administrative organs shall, in accordance with the following situations, benchmark of administrative discretion, shall have the right of administrative discretion be refining, quantifying:

(A) on the basis of laws and regulations of the legislative intent, legal principles, and regulations;

(B) economic, social and cultural circumstances of regional differences;

(C) management issues of fact, nature, circumstances and social impact;

(D) other factors that might affect the rationality of administrative discretion.

    Higher administrative authorities have been thinning, quantification of administrative discretion, lower administrative authority may, in accordance with the implementation no longer applies administrative discretion of the same benchmark, as defined, but should be reported to people's Governments at the legal department.

84th administrative discretion datum should be open to the public. Benchmark the right to executive authorities shall abide by the administrative discretion.

    Municipal, district (County) people's Governments to their administrative authorities supervise the exercise of the right of administrative discretion.

    The fifth chapter non-administrative license approval process

    85th non-administrative licensing approval in these rules, is defined by administrative organs to implement but do not belong to the People's Republic of China adjustment of the administrative licensing law, affect the rights and obligations of citizens, legal persons or other organizations of administrative examination and approval.

    86th Executive implementation of the administrative license approval, subject to the provisions of this chapter, shall also abide by these provisions the relevant provisions of the administrative procedure.

    87th non-administrative license approval should be determined by law, regulations and rules.

    88th set and adjusted non-administrative licensing approval, shall, in accordance with the prescribed procedures, administrative counterpart would be widely consulted and the views of interested organizations and citizens, and the people's Government at the Executive meeting for discussion and adoption.

89th administrative organs shall impose an administrative license class approval according to the following norms, after review by the local government administrative examination and approval administration organ, publicize the implementation:

(A) approval;

(B) set the basis for approval;

(C) the approval number and manner;

(D) the conditions of approval;

(V) application materials;

(Vi) application form;

(G) the vetting Agency;

(H) the approval authorities;

(I) the approval process;

(J) the approval time limit;

(11) the approval document and valid;

(12) the approval of the force of law;

(13) the need to open more.

    Non-administrative permission set based on the approval of such approval requirements, application materials with specific provisions, administrative authorities not to increase the vetting criteria and application materials. 90th section has a limited number of non-administrative licensing approval, two or more applicants which are in line with the statutory requirements, the executive authorities should be based on the acceptance of the application in the order according to the decision.

    However, otherwise provided by the laws, rules and regulations, from its provisions. 91st citizens, legal persons or other organizations for non-administrative licensing approval, shall apply to the competent administrative authority and submit your application materials.

    Shall, in accordance with the provisions of the executive responsibility and authority accepting the application.

After 92nd administrative organs accepting the application, applicants submitted application materials should be reviewed, and are made according to the following process:

(A) the application does not require approval, shall immediately inform the applicant will not be accepted, not accepted credentials issued by, and indicate the inadmissible reason;

(B) the application does not belong to the scope of the responsibilities of the Executive, to the relevant administrative authorities shall inform the applicant immediately applied for;

(C) the application materials are incomplete or do not meet the acceptance criteria, will need to supplement materials and other one-time written notice to the applicant;

(D) the application materials are complete and admissible, it should be accepted and written to receive documents on the spot, but the decision on approval is made on the spot may not be written to accept vouchers.

    Of the applicant within the time stipulated in the supplementary material, deemed abandoned application for administrative organ shall return the application and inform the applicant in writing.

    93rd handled administrative authorities a written undertaking non-administrative license approval period is shorter than the statutory time limit, the administrative organ shall, within the time limit to make non-administrative licensing decision. 94th administrative organs shall review the application materials, non-administrative licensing items directly related to the vital interests of others, shall promptly inform the interested person.

    The administrative organ shall hear statements and pleadings of the applicant or interested party.

    95th non-administrative licensing approval to economic and social development has a significant impact, the executive authorities should be through surveys, hearings, advisory and expert review decision.
96th party changes non-administrative licensing approval, should be made to the non-administrative organ for administrative license approval decisions; meets the statutory requirements, the administrative organ shall go through the procedures of alteration according to law.

    97th party non-administrative license needs to extend the validity of such approval, shall make a non-expires 30th to the administrative organ for administrative license approval decisions. Administrative authority shall, upon application of the parties, in an administrative license class whether or not to approve the extension before the expiry of the approval decision fails to make a decision, considered to approve the extension.

    However, the provisions of class examination and approval of administrative permission set based on the from its provisions.

98th a citizen, legal person or other organization shall obtain an administrative license class approval are protected by law, the administrative organ shall not arbitrarily change the non-administrative license approval already in force. Non-administrative permission set according to the amendment or repeal of such approval, approval or granted an administrative license class according to major changes in the objective situation, required in the public interest, the administrative organ may change or withdraw the entry into force of the non-administrative licensing approval.

    Thus causing property damage to citizens, legal persons or other organizations, the executive organ shall provide compensation. 99th Executive implementation of the administrative license class approval and oversight of non-administrative license approval check shall not charge any fee.

However, the provisions of class examination and approval of administrative permission set based on the from its provisions.

Administrative authority to provide non-administrative license approval application for formatting text, tables, forms and other application materials text, shall not be charged.

    Executive implementation of the administrative licensing requirements for such approval should be included in the budget of the executive authorities, be guaranteed by the governmental finance.

    Sixth chapter the special procedures

    Section of administrative contract

100th Executive contracts in these rules refers to the administrative organ for administrative purposes, and between citizens, legal persons or other organizations, by mutual agreement consistence.

Administrative contract is mainly used in the following:

(A) the franchise;

(B) the transfer of State-owned land;

(C) Contracting, sale or lease of State-owned assets;

(D) Government procurement;

(E) credit policy;

(F) Executive commissioned research and consultation;

(VII) strategic cooperation between administrative departments and enterprises;

    (H) the laws, rules and regulations can enter into an administrative contract matters.

Section 101th administrative contract shall follow the principles of competition and openness. To enter into a limited natural resource utilization, allocation of public resources and directly related to the public interest, such as industry-specific market access administrative contracts, tenders, auctions and open competition means should be used.

Bidding and auction for the People's Republic of China bidding law and the People's Republic of China Government procurement law and other relevant laws, regulations, rules and regulations.

    Laws, regulations and rules to enter into an administrative contract otherwise provides, from its provisions.

    102th administrative contract shall be in written form.

103th administrative contracts subject to other administrative authorities or in conjunction with the handle, after being approved by other administrative bodies or in conjunction with the management, administrative contract to take effect.

    Open competition through bidding and auction, enter into an administrative contract, contract matters involving administrative licenses, decisions of the administrative organ shall make a decision on the administrative license and issue a certificate of administrative license.

    104th Executive, administrative guidance and supervision of performance of the contract, but may not cause prejudice to the parties to perform the contract.

    105th Executive contracts are protected by law, the executive authorities are not allowed to modify or rescind the.

    Section II administrative guidance

    106th Executive direction in these rules refers to administrative bodies for specific administrative purposes, in accordance with its statutory mandate or pursuant to laws, regulations, rules and policies to guide, advise, reminders, suggestions and non-coercive way, leading citizens, legal persons or other organizations activities or abstain from doing an act.

Article 107th Executive direction shall abide by equality, openness, good faith, timely and flexible, voluntary choice principle. Parties have the right to decide whether or not to accept, listen, meet the guidance.

    Administrative bodies in the implementation of the procedure of administrative guidance shall take or disguise the application of coercive measures to force the party to accept the administrative guidance, and not because the party refused to accept, listen, meet the Guide and take adverse action.

108th administrative guidance is mainly used in the following situations:

(A) from the technical, policy, security, information, and help the parties to advance its legitimate interests;

(B) the need to prevent possible prejudice to the administration by the parties of violations;

    (C) other circumstances that need to be implemented by administrative organs of administrative guidance.

109th administrative guidance for implementation in the following ways:

(A) to develop and publish guidance, guide policy;

(B) to provide technical guidance and assistance;

(C) publish information;

(D) model, guide, advise;

(V) recommendations, advice, persuasion;

    (Vi) other forms of guidance. 110th administrative guidance article could be written, oral or other reasonable form.

    Requirements in written form by the parties, the administrative organ shall be in writing.

    111th administrative authorities may take the initiative to implement administrative guidance or administrative guidance for application by the parties.

    112th administration guidance's purpose, content, reasons, basis, implementation as well as background information on matters such as, should the parties or the general public, involving State secrets, business secrets or private affairs otherwise.

    113th administrative guide relating to professional, technical issues, should be subject to discussion by experts, expert opinions shall be recorded.

114th administrative authorities implement administrative guidance, shall inform the party concerned has the right to free choice, parties have the right to be heard.

    Administrative authorities should carefully listen, accept the views of the parties reasonable and feasible.

    Section III administrative adjudication

    115th executive decisions in these rules refers to authorization of the administrative authorities, in accordance with the laws, regulations, citizens, legal persons or other organizations closely related to the administrative authority of the civil conflicts between activities. 116th citizens, legal persons or other organizations may apply for administrative decisions, may apply in writing, or orally.

Oral application, the administrative organ shall record the applicant's basic situation, administrative decisions on the spot, the main facts and reasons for administrative decisions and time.

Executive received from citizens, legal persons or other organizations for administrative decision upon application, shall, within 5 working days to review has been completed, and are made according to the following process:

(A) applications cannot apply administrative rulings procedure, inadmissible, and inform the applicant;

(B) the application does not fall within the jurisdiction of the authority, and shall inform the applicant submitted to the relevant administrative authorities;

    (C) apply for matters falling within the jurisdiction of the authority, shall be accepted and accepted within 5 working days, a copy of the application or to apply for copies of transcripts sent to the respondent.

117th being the applicant shall receive a copy of the application or from the date of application copies of transcripts in the 10th, written replies and relevant evidence to the executive authorities.

The administrative organ shall on receipt of the written replies submitted by the applicant within 5 working days from the date, will send a copy of the written reply to the applicant.

    The applicant and respondent administrative organ check out, copy, extract the file material.

118th administrative adjudication cases before the Executive should be attended by 2 or more staff.

The main facts is not disputed by the parties on both sides, the administrative organ may take the form of written examination for trial.

Key facts disputed by both parties, the administrative organ shall be heard in public and listened to the views of the parties, will not be made public except in accordance with law.

Executive sees as necessary to investigate and verify evidence; for major and complex cases, requested by the applicant or the executive authorities consider it necessary, you can take the form of hearing to hear.

    The administrative organ shall mediate, mediation, ruling according to law. 119th ruling made by the executive authorities shall make administrative decisions.

Administrative ruling shall set out:

(A) the basic situation of the parties;

(B) the facts in dispute;

(C) the findings of fact;

(D) the applicable legal norms;

(E) the decisions and reasons;

(Vi) relief ways and deadlines;

(VII) the seal and the date of the Executive;

    (H) shall set forth the matters.

    120th administrative organ shall make a decision within 60 days from the date of accepting the application, complex, and approved by the head of the administrative organ is mainly, can be extended by decision of 30th, and shall inform the applicant of such further period.

    Fourth administrative mediation

    121th administrative mediation in these rules refers to administrative bodies to resolve social conflicts and maintain social stability, in accordance with the laws, regulations and rules and the relevant regulations, brokerage to handle them citizens, legal persons or other organizations activities civil disputes between each other.

122th administrative organs according to citizens, legal persons or other organizations for administrative mediation, or initiate administrative mediation.

    Administrative organs shall follow the principles of voluntary, legal, fair, and timely administrative mediation.

Civil disputes of the 123th meets the following conditions, the executive authorities should carry out mediation:

(A) that is associated with the responsibilities of the Executive;

(B) the parties agree to mediation of civil disputes;

    (C) the laws, regulations and rules did not prohibit the.

124th Executive received from citizens, legal persons or other organizations after an application for mediation of civil disputes, after reviewing the eligible, shall timely inform the civil dispute to the other party; the other Party agreed to mediation, mediation shall accept and organizations.

    Does not meet the conditions or inadmissible one party does not agree to mediation, and indicate to the applicant the reasons.

125th accepted administrative mediation and organization of the administrative organs shall be assigned with some legal knowledge, policy level and practical experience in mediation of staff.
Administrative organs shall intensification of activities to prevent disputes by conciliation.

    126th administrative authority should ascertain the facts, tell right from wrong, according to the characteristics of parties and disputes properties, ease of development, in various ways, persuade the dredging work, guidance, help the parties reach a mediation agreement. Administrative mediation shall make a written record.

    Administrative mediation should generally be 30th Interior knots. 127th administrative conciliation agreement, according to the requirements of both civil disputes or need a conciliation agreement.

A mediation agreement shall specify:

(A) the basic situation of the parties;

(B) the matters in dispute and fact;

(C) the content and reason for mediation, applicable laws and regulations;

(D) fulfil the manner, duration;

(E) the seal and the date of the Executive;

(Vi) shall set forth the matters. A mediation agreement should have the signatures of the parties and the mediation of civil disputes, and affix the seal of the Executive. 3 copies of the mediation agreement, will the executive authorities and the agreement each party holds one copy.

Civil disputes the Parties shall perform the mediation agreement.

    Mediation no agreement, civil disputes the parties may bring a civil action according to law.

    Fifth section administrative planning

    128th administrative planning in these rules refers to administrative bodies for the achievement of specific administrative and made binding on the Executive, and the need for concrete measures to be implemented within a certain period in the future, on a particular area or a particular industry transactions and arrangements for the deployment.

129th administrative authorities determine, approve administrative plan involves major administrative decisions, except as provided in this section, but shall also abide by these provisions the relevant provisions of the administrative decision-making process.

    Administrative planning laws, rules and regulations determine, approve otherwise provides, from its provisions.

    130th administrative authorities shall, according to the region or the actual situation of the sector, in accordance with the principle of seeking truth from facts, practical, administrative planning objectives.

131th administrative authorities may draw up an administrative plan, you can also entrust qualified social institutions such as government procurement Development Administration planning programme.

Executive Development Administration planning programme involving other executive powers, should listen to the views of other administrative bodies.

    Two or more administrative organs may develop an administrative plan.

132th administrative organ shall post and display administrative planning.

Administrative plan notice shall be published in the scope of administrative planning and clear planning of main content, display and reading of time, place, citizens, legal persons or other organizations to submit comments or objection to the manner, time and place of such matters.

    Administrative planning scheme notice for a period of 1 month from the date on which the first public release of the Executive administrative plan to publicly display or read for a period of 3 months, calculated from the date of expiry of the notice period; except as otherwise provided by laws, rules and regulations. 133th citizens, legal persons or other organizations against the plan have objections, shall, within the prescribed period.

    Administrative organs shall, in accordance with the usage and decide whether to carry out hearings. 134th deals with all or most of the administrative area of a citizen, legal person or other organization administrative planning, should consist of municipal, district (County) Government Executive or plenary decision.

Administrative planning involving significant public interests, should be brought to the municipal, district (County) of the people's Congress or its Standing Committee for consideration.

Administrative planning law need to be submitted to the next higher people's Government according to law should be brought to the people's congresses and their standing committees at the same level review decision, according to procedure submitted to the next higher people's Government or that the people's congresses and their standing committees at the same level for consideration.

    Executive planning for consideration after the adoption, it should be announced to the public.

    135th administrative organs in the formulation of administrative planning and administrative planning, should be subject to discussion by experts, and explains the acceptance of the expert opinion.

    136th amended or annulled administrative planning, according to the planning process.

    The seventh chapter of administrative hearing procedure

    Section I General provisions

    137th administrative hearing shall be held openly, involving State secrets, business secrets or private affairs otherwise.

138th hearing officer must possess appropriate legal knowledge and expertise. The hearing officer designated by the Executive Director. Direct administrative organs that must not participate in administrative decision-making programme of administrative decision hearing.

    Executive officers may not serve as the administrative enforcement hearing.

139th hearing shall exercise the following powers:

(A) command a hearing;

(B) the maintenance of order hearings;

(C) specify records;

    (D) shall be exercised by the hearing officer's terms of reference.

140th hearing records is responsible for the hearing record and other matters relating to the hearing.

    Hearing record should be accurate and comprehensive records of the hearing process.

141th administrative organs and relevant units and individuals shall not take deceit, bribery, coercion or other improper means, manipulated the hearing results.

The hearing officer shall not parties, interested parties and other participants in the hearing unilateral contact.

    By fraud, bribery, coercion or other improper means to manipulate the results of hearing, the hearing invalid, should be heard again. 142th hearings in accordance with the administrative decision of the Municipal Government of Shantou administrative hearing regulations.

    Other administrative bodies of administrative decision hearing can refer to the Shantou city government administrative hearing regulations.

    Section II administrative enforcement hearings

143th executive administrative enforcement hearings should be held at the hearing before 7th issues a written notice of the hearing the parties and interested persons.

Notifications shall include the following:

(A) the name or names of the parties, interested persons;

(B) hearing major issues;

(C) the time and place of the hearing.

Participate in administrative enforcement hearings of the high number of parties and interested persons, shall be determined in accordance with the representative.

    Administrative enforcement hearings involving significant public interests, a certain proportion of public representatives shall participate in, public representative for the relevant provisions of administrative decision hearing.

144th parties, interested parties during the hearing in accordance with law, statements, representations and evidence, access to materials, copies, extracts hearings.

    Parties and interested persons should observe the hearing the hearing in administrative law enforcement discipline.

145th administrative enforcement hearings in accordance with the following procedures:

(A) the recorder, interested parties and the investigating officer presiding over the parties, declare the hearing content and discipline;

(B) the hearing officer announced the commencement of hearings, described hearing clerk, records clerk, explain hearing matters shall inform the parties, interested parties and the investigation relating to the rights and obligations, asked whether the party applying for the withdrawal;

(C) investigators, parties and interested people speak in turn;

(D) presentation of evidence, cross-examination;

(E) investigation, the parties and the interested party to dispute the facts of the debate;

    (F) investigators, parties and interested persons in turn, final statement.

146th administration investigators, parties, interested parties after the end of the hearing, should read the hearing record, signed or sealed by the sign-out.

Executive survey, parties, interested persons have the right to record errors in the proposed amendments.

The hearing officer shall, within 2 working days from the closing date of the hearing, according to hearing transcripts to deal with proposals, executive decisions. Administrative authority shall, according to hearing transcripts, administrative enforcement decisions made.

    Cross-examination without hearing evidence, not as a basis for administrative enforcement decisions made.

    147th article after the end of the hearing, before a decision of administrative law enforcement, investigators found new evidence of the Executive, may change the results of fact-finding should be re-hearings.

    The eighth chapter administrative openness

148th administrative organs shall establish and improve the disclosure of Government information system for open Government with timely, accurate information.

    Administrative authority shall require disclosure of Government information through the Official Gazette, the Government website, press conferences and press, radio, television, and other easy to expose well-known to the public.

149th of municipal people's Government of the Shantou City Government Gazette as municipal people's Government and municipal public network information release platform.

The following information must be in the Shantou City Government Gazette and municipal public posted:

(A) the municipal regulations and municipal people's Governments and their departments to develop normative documents;

(B) as determined by the major administrative decision results;

(C) laws, regulations, rules and regulations of the other shall take the initiative to open government information. Published in the Bulletin of the Shantou city government regulations and regulatory documents text for the standard version.

Municipal regulations and municipal people's Governments and their departments to develop normative documents not published in the Bulletin of the Shantou City Government, not as the basis for Administration.

    The district (County), the reunification of the town people's Governments shall determine the level of Government the Government information release platform, and access to government information under the law.

150th administrative organs open government information sites and facilities, including:

(A) Governments at all levels in the national archives, public libraries: Government information access sites;

(B) Governments at all levels and their departments to set up government service center, Hall;

(C) set up by the people's Governments at all levels and their departments, public access to the portal site, obtain information, information disclosure, electronic information screens.

    Governments at all levels and their departments establish information publicly accessible places, should keep the Government bulletins, electronic devices and configuration can be found on the Government Web site to facilitate public access to government information, and obtain relevant information.
151th levels of people's Governments shall establish and improve government information coordinating mechanism, formation of smooth and efficient information and communication channels.

Administrative organ intends to release information relating to other administrative bodies of Government should communicate and coordinate with the relevant administrative organs, confirmed by him, released communication fails to reach consensus, intends to publish the information reported to the executive authorities of the Government by the people's Governments at the corresponding level coordination. Article 152th unless disclosure of Government information, the executive authorities, citizens, legal persons or other organizations may, according to its production, life, scientific research and other special needs, appeal to the administrative authority for access to government information.

    Administrative organ shall make a reply after receiving the application for disclosure of Government information. 153th convened administrative organs involved in public interest, the need for public awareness and participation of the Executive Council, publicly held, allowing citizens, legal persons or other organizations as observers.

    Meetings concerning government information should not be exposed, according to law, shall not be held in public.

    154th administrative organs shall establish a sound public assessment of Government information systems and social appraisal system, clear examination, appraisal principles, contents, standards, procedures and methods, and according to the results of examination, appraisal systems and improvement. 155th of citizens, legal persons or other organizations believe that the Executive does not perform its obligation of disclosure of Government information, up-level executive, supervisory organs or public work of Government Information Department reported.

Received reports of organs should be investigated.

    Citizens, legal persons or other organizations believe that the Executive of Government information disclosure work violations of their legitimate rights and interests of a specific administrative act, may apply for administrative reconsideration or file an administrative lawsuit in accordance with law.

156th administrative authorities should speed up the construction of e-Government, Government online project, expand the scope of Government on-line Office.

Other than prohibition laws, rules and regulations, the Executive Administration through Internet contact with the citizens, legal persons or other organizations, but in electronic documents the implementation of legal acts should be the consent of the other.

    In e-government activities, administrative bodies and citizens, legal persons or other organizations with electronic signature and written signature has the same legal effect.

    The Nineth chapter administrative oversight and accountability

    157th administrative oversight in these rules refers to administrative supervision according to law within the Government whether the administrative acts of administrative organs and their staff legitimate, reasonable, monitor the implementation of the activities, supervision, inspection, and redress.

158th administrative supervision shall include the following:

(A) administrative organs and their staff to make executive decisions, development of normative documents and other administrative behavior supervision;

(B) administrative organs and their staff on the implementation of administrative licensing, administrative punishment and administrative compulsory, executive pay, administrative collection and administrative expropriation and administrative decisions, administrative mediation, administrative planning and non-administrative licensing approval, supervision;

(C) administrative organs and their staff of hardworking and clean conduct supervision;

    (D) exercise supervision over administrative organs and their staff to other duties. 159th of municipal, district (County) Government should strengthen government supervision, improve government supervision system.

Municipal, district (County) people's Government, apart from its own discharge level oversight responsibilities, by the level of Government the Department of Legal Affairs, inspection bodies and other specific performance levels of oversight responsibilities.

Financial, production, civil service departments and other executive authorities on matters within the area of responsibility to carry out functions of supervision according to law. Monitor, audit and other special supervision organs should perform their duties according to law, to monitor independently.

    Administrative organs at all levels should consciously accept the supervision and auditing supervision of special supervision organs such as.

160th administrative supervision shall include the following:

(A) the major administrative registration and record keeping, inspections, investigations on major issues to administrative action or investigation (inspection) as well as investigation of illegal or improper administrative action;

(B) the electronic surveillance;

(C) the Government performance evaluation;

(D) administrative enforcement evaluation, administrative law enforcement files comments looks up;

(E) the construction of legal Government work;

(F) apply for administrative reconsideration cases, receive and investigate public complaints, reports and media exposure of the administrative offence;

(VII) legal review of administrative decision-making, normative documents record keeping and review, the Executive review of work systems and procedures;

(H) administrative accountability;

    (I) the provisions of other laws, rules and regulations.

161th of municipal, district (County) Government Government performance management should be strengthened, and gradually establish and improve the Government's performance management system, implementation of the Government performance evaluation to improve administrative efficiency.

Government performance assessment should include the executive duties, administrative efficiency and administrative effectiveness, administrative costs, and so on.

Government performance evaluation criteria, indicators, processes and results should be achieved through appropriate means to the general public.

    Government performance evaluation should be applied combining internal and external assessments of the Executive, through the convening of seminars, appointing supervisory review, public comments and other forms, and solicit views of the public and the community, by the public and representatives from all walks of life to join the study.

162th of municipal, district (County) Government shall strengthen the supervision and inspection of the implementation of these provisions, correcting illegal or improper administrative action.

    Municipal, district (County) Government administrative organs in accordance with the Department of Legal Affairs shall establish administrative files to the people's Governments at the corresponding level in all sectors and lower level people's Governments of illegal or improper administrative action should be registered as a basis for examination, appraisal, supervision and violation records in an appropriate manner to the public.

163th citizens, legal persons or other organizations considered illegal or improper administrative acts of the executive authorities, to the people's Governments at the corresponding level the Department of Legal Affairs, monitoring departments and report to the higher administrative authority complaints, to demand an investigation into and handling.

Government legal departments and supervision departments and higher administrative authorities shall publish complaints or information of contractors and contact information.

    Receiving complaints and reports on the Executive to the admissibility of the complaint, reporting should be investigated, in accordance with the terms of reference within 60 days make a decision and will inform complainants, informants.

164th executive administrative act unlawful or inappropriate, the administrative authority shall, ex officio or upon application to correct. Municipal, district (County) Legislative Affairs Department complaints, report to the public and the news media executive administrative acts found in the supervision and inspection of illegal or improper, it may make the inspectors ' recommendation of administrative law enforcement, inform its deadline to correct, and report the results.

    Overdue correction, municipal, district (County) Legislative Affairs Department can be ordered to perform, confirmed as invalid, revoked, is ordered to rectify or correct, confirm illegal, reported to the people's Government at the decision of the administrative law enforcement inspectors.

165th Executive does not correct itself of illegal or improper administrative action, by the supervision authority according to illegal or improper administrative action, such as the nature, circumstances, extent, respectively in accordance with the terms of reference as follows:

(A) ordered to perform;

(B) shall be ordered to correct;

(C) changes;

(D) revoke;

(E) Recognizing the illegal;

(Vi) recognized invalid;

    (G) the provisions of other laws, rules and regulations.

166th Executive has any of the following circumstances shall be ordered to perform:

(A) fails to perform the statutory duties;

    (B) the delay in the fulfilment of statutory duties.

167th executive action has any of the following circumstances, it shall be ordered to make corrections or changes:

(A) is not justified and the supplementary reasons, the parties, interested parties have no objection;

(B) the words error or miscalculation;

(C) does not specify a date of decision;

(D) the procedure there are other minor flaws or omissions do not infringe upon the legitimate rights of the citizens, legal persons or other organizations.

    Corrections or changes shall be made in form of a written decision.

168th an administrative enforcement action under any of the following circumstances shall be revoked:

(A) the evidence is insufficient;

(B) the applicable based on the error;

(C) the violation of legal procedures, but can be corrected unless;

(Iv) in excess of their statutory powers;

(E) abuse of powers;

(F) the laws, regulations or other circumstances that warrant the revocation of the regulations.

Contents of executive action was partly revoked, other parts are still valid, but cannot be established after the partial withdrawal of administrative acts, it should be removed entirely.

Administrative enforcement action after the revocation, withdrawal effects date back to the date of making the executive action; otherwise provided by the laws, regulations and rules, and its withdrawal effects can occur from the date of revocation.

    Administrative enforcement action is revoked, if new evidence is found, the administrative organ may renew administrative enforcement action.

169th revocation of executive action, does not apply to the following situations:

(A) the revocation might cause significant harm to the public interest;

(B) the provisions of other laws, rules and regulations shall not be annulled.

    Administrative enforcement action shall not be annulled, the executive authorities should be allowed to take remedial measures shall be ordered or has the right to take remedial measures.

170th of an administrative enforcement action under any of the following circumstances shall recognize the offence:

(A) the executive authorities do not carry out their duties and ordered to perform their statutory duties have been moot;

(B) violation of administrative law enforcement, which can not be revoked;

(C) violation of administrative law enforcement according to law shall not be annulled;

    (D) should be confirmed against the other.

171th an administrative enforcement action under any of the following circumstances shall be confirmed as invalid:

(A) does not have the statutory qualification of administrative enforcement;

(B) have no legal basis;

(C) other invalid conditions stipulated by laws, rules and regulations.

Content is part of the administrative law enforcement confirmed as invalid, the other part is still valid, but part of the invalid administrative act cannot be established, it should be all.

    Invalid administrative act, from the beginning is not legally effective.
Article 172th on the specific administrative act's violation of legal procedures, violating the lawful rights and interests of citizens, legal persons or other organizations, citizens, legal persons or other organizations may apply for administrative reconsideration or file an administrative lawsuit in accordance with law.

    173th administrative organs and their staff in the implementation of the administrative decision-making process, administrative law-enforcement and other administrative acts, any of the following circumstances, lead to illegal and harmful consequences of administrative acts, should be held accountable:

(A) failing to exercise authority or fails to perform the statutory duties;

(B) does not have the statutory qualification of administrative subject implementation of administrative acts;

(C) the lack of implementation of the decision of the higher administrative authority and deployment;

(D) the major administrative decisions without public participation, expert, risk assessment, review of legality, decided collectively;

(E) violations of procedures and publishing normative documents;

(F) violation of administrative law enforcement, is confirmed as invalid, revoked, to confirm a violation of;

(G) the illegal development of cutting base or not to comply with the right of discretion basis;

(VIII) an implementation of the administrative license of such approval;

(I) enter into an administrative contract violation of legal procedures;

(J) or disguised cases of coercive measures and other ways to compel the parties to accept the administrative guidance;

(11) the violation of legal procedures, implementation of administrative decisions;

(12) an identification, examination and approval of administrative planning;

(13) failing to hold a hearing, or by fraud, bribery, coercion or other improper means to manipulate the results of hearing;

(14) of administrative compensation caused by illegal administrative acts;

(15) other administrative offences provided for in laws, rules and regulations.

    Administrative acts of the executive authorities the circumstances set forth in the preceding paragraph, and flagrant or serious consequences, shall be investigated for their Chief Executive responsibilities.

174th responsibilities include staff of Executive and administrative authorities.

    Executive staff, including the Chief of the Executive and in charge of head, administrative action concrete contractors.

175th administrative responsibility in the form of administrative processing and administrative sanctions.

The Executive and administrative processing is divided into: order the rectification, criticism, cancel rating advanced qualifications.

Chief and in charge of the administrative handling of the head of the executive authorities are divided into: commandments conversation, ordered corrective actions, shall be ordered to make a written examination, ordered to apologize, canceled an annual evaluation of advanced qualifications, criticized, order tingzhifansheng, recommends removal or resignation.

The Executive and administrative action concrete contractors in the administrative processing is divided into: ordered to advance of the written examination, criticism, education, elimination of annual appraisal qualifications, withholding certificate of administrative law enforcement, post training, out of law enforcement jobs, removal of administrative law enforcement and so on.

Administrative sanctions including warning, demerit, demerit, demotion, dismissal, expulsion.

    Administrative processing and administrative sanctions can be applied according to actual situation.

176th accountability accountability in accordance with the following permissions:

(A) the Executive and administrative processing, decided by the people's Governments at the corresponding level, or the higher administrative authority;

(B) the Chief and in charge of the head of the executive authorities to give commandments conversation, order rectification, order to writing checks, ordered to apologize or to cancel the annual evaluation of advanced qualifications, criticized, order tingzhifansheng, recommends removal or resignation, decided by the people's government supervisory organs or decided by appointment and removal;

(C) administrative behavior of concrete contractors ordered to written examination, criticism, canceling the annual evaluation of advanced qualifications, post training, out of the post, decided by the administrative body; withholding certificate of administrative law enforcement, by the decision of the administrative organ or the people's Governments at the corresponding level the Department of Legal Affairs; cancel the qualification of administrative enforcement, decided by the issuing authority;

    (D) staff be given administrative punishments by administrative organs, by appointment or a supervisory authority, in accordance with administrative rights and provisions procedure.

177th article City Government on its belongs work sector, and district (County) Government main head for responsibility held of, according to Shantou Government belongs work sector administrative heads asked accountability provisional provides of provides implementation; district (County) Government on its belongs work sector, and town government, and subdistrict offices main head for responsibility held of, reference Shantou Government belongs work sector administrative heads asked accountability provisional provides of provides implementation.

    Municipal, district (County) people to their subordinate departments and the accountability of administrative violations of the people's Government, shall apply to the administrative law enforcement supervision regulations, Shantou city.

178th administrative organ acts in violation of administrative legal proceedings, damages caused by violations of the legitimate rights and interests of citizens, legal persons or other organizations shall bear administrative liability.

    Executive compensation for institutions to perform their obligations, and shall order the intentional misconduct or gross negligence of executive staff, authorized organizations or individuals to cover part or all of the damages.

    179th executive staff violate legal procedures, abuse of power, negligence, malpractice, and constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    The tenth chapter by-laws

    180th parties due to causes of force majeure or any other justified reason, the time period, in the 10th after the obstacle is removed, you can apply for extended period, whether to approve the decision by an administrative organ.

181th administrative authorities shall select the service of administrative documents in the following order:

(A) directly;

(B) the lien served;

(C) delegate service and service by mail;

(D) service by publication.

Parties reject the direct service of administrative documents, served on Executive selection retention, should invite representatives of the party grass-roots organizations or units arrived at the scene, served and procedures to witness and signed or stamped, and administrative instruments in the domicile of the parties. There is difficulty in direct service of administrative documents, select mail if the executive authorities should be adopted by the national postal services, by registered mail or courier.

Parties whose whereabouts are unknown or are unable to service of administrative documents in other ways, the administrative organ shall service by publication.

    Served on the specific operational procedures in the light of the People's Republic of China implementation of the relevant provisions of the civil procedure law. 182th these provisions come into force on May 1, 2011.