Guangzhou Measures For Administration Of Registration

Original Language Title: 广州市行政备案管理办法

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Guangzhou measures for Administration of registration

    (December 14, 2010 Executive meeting of the 13th session of the people's Government of Guangzhou City, the 128th considered by the people's Government of Guangzhou City, December 31, 2010 the 50th release as of March 1, 2011) to standardize the administrative record of the establishment and implementation of the first, protect the legitimate rights and interests of citizens, legal persons and other organizations, security and effective administration to supervise the executive authorities, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second administrative record in these measures refers to administrative bodies in order to strengthen the administrative supervision and management, lawful citizens, legal persons and other organizations to submit their specific activity-related materials and submit the materials archived for future reference. Article III establishment and implementation of the administrative record in this city, these measures shall apply.

    Otherwise provided for by laws, rules and regulations, from its provisions.

    Relevant administrative organs to other organs or the direct management of the institution's personnel, finance, Foreign Affairs and other matters of record, these procedures do not apply.

    Article fourth set and implement the administrative record should follow lawful, reasonable, fair, open, efficient, and convenient principle. Article fifth administrative record shall be set by the municipal people's Government in the form of regulations.

    Other administrative bodies shall not engage in any form of this municipality administrative record.

    Sixth following can set administrative record:

    (A) relates to strengthening macroeconomic regulation and control, protection of the ecological environment, strengthen the management of public issues;

    (B) involving public service functions, protecting the legitimate rights and interests of citizens, legal persons and other organizations;

    (C) matters related to strengthening management, maintaining the order of business;

    (D) concerning the maintenance of national security, public safety, public order, human health and life and property matters;

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

    Seventh article of the matters listed in article sixth, to achieve administrative supervision and management in the following ways, not set administration record:

    (A) in this city has been through licensing, administrative confirmation of prior administration;

    (B) direct the executive authorities through administrative checks, administrative law enforcement can be achieved, inter alia, administrative supervision and management purposes;

    (C) administrative agencies through resource sharing between supervision and management mechanism to obtain administrative information.

    Article eighth set of administrative records, regulations in the draft regulations, the unit shall prepare notes on establishment of an administrative record of necessity, society may have effects as well as listen to and accept views of explanation.

    Nineth establishment of an administrative record, shall be specified for the record matters, implementation, procedures, deadlines and need to submit materials. Article tenth of the administrative record, organ should be every 3 years a comprehensive assessment of the implementation, auditing and evaluating legal institutions.

    The assessment by no need to continue the implementation of the administrative record, according to the legislative procedure to modify or stop the implementation of the provisions of the administrative record.

    11th administrative record implementation organs should be in accordance with laws, regulations, procedures and time limit for enforcement of regulations on administrative records may not be required to file submit submit and record unrelated to the subject material.

    The registration organ shall not be Executive record name the implementation of administrative licensing and administration for confirmation.

    12th authorized by laws and regulations to administer public affairs organizations, within the mandate of the statutory, administrative record in its own name. Administrative registration organ within the framework of its terms of reference, based on the principles of convenience and may entrust other administrative bodies or with the function of the management of public affairs and institutions implementing administrative record.

    Delegate authority should be entrusted with Executive or business of the organizations and entrusted shall be published.

    13th administrative registration organ shall keep a record of the administrative matters, evidence, procedures, deadlines, and need all the material submitted to directory and file model in its office space and website publicity.

    Record submitted to the required administrative record organ publicized description, interpretation, administrative record organ should indicate, explain and provide accurate and reliable information.

    Article 14th on matters of administrative record is required by law, citizens, legal persons or other organizations should act within 20 working days from the closing date to submit the record; record of prior administrative needs, citizens, legal persons or other organizations should be made in 5 days ago to submit for the record. 15th a citizen, legal person or other organization shall submit in writing an administrative record.

    Format the text as submitted instruments, administrative registration organ shall free submission to record administrative record submitted to the instrument's rich text.

    Administrative records by letter, fax, electronic data interchange and e-mail form.

    16th record submitted shall, to the implementation of administrative record mouthpiece send related materials and reflect the true situation, and is responsible for the authenticity of the submitted materials and reflect the situation.

    17th administrative record organ to check the submitted material, and should be dealt with separately according to the following conditions:

    (A) submit the matter according to law does not require filing or outside the terms of reference of the executive authorities, and shall immediately inform the record submitted to the people, and the reasons;

    (B) sending material errors that can be corrected on the spot, records should be allowed to submit corrections on the spot; submitted materials are incomplete or do not comply with the statutory format, should be informed at once filed shall submit the required correction of relevant material;

    (C) the submitted materials are complete and comply with the statutory format, for the submission materials submitted to the people in the scene, the executive authorities should be sealed by the administration of a written receipt issued on the spot; the record submitted to the people in the second paragraph of this article 15th way of sending material, the administrative organ shall, within 3 working days from the date of receipt of submitted materials, inform in writing receipt for the record submitted to the people. 18th record matters of content changes, filing submitted shall, within 20 working days since the date of the change to the record Office record change.

    Original filing authority shall be dealt with in accordance with the provisions of the present article 17th.

    19th administrative authorities in administrative activities require administrative record, administrative record implementation organs should be provided in a timely manner.

    Administrative record results can be open to the public, but involve State secrets, business secrets and personal privacy matters of record, as well as other matters of record will not be made public according to law, administrative registration organ shall observe the relevant confidentiality provisions.

    20th administrative organs shall establish a sound supervisory system, the archival materials were collected and archived in a timely manner in accordance with law and verification and verification follow-up supervision and inspection work.

    21st administrative organs conduct follow-up checks on administrative record matters shall be assigned two or more staff members in accordance with law.

    Administrative organs in accordance with the access to the record submitted to the relevant materials, records submitted shall be provided in a timely manner, shall not be refused and delay.

    22nd executive administrative record, and shall not charge any fee.

    Article 23rd municipal, district and county level government supervisory organs and legal agencies shall establish a sound supervisory system, strengthen supervision and inspection of administrative organs to implement the administrative record. 24th found that administrative organs of a citizen, legal person or any other organization illegal or improper implementation of activities related to administrative matters of record entitled to higher administrative organs, government supervisory organs at the same level or legal bodies.

    Complaints of the administrative organ shall promptly verify, process, and respond within the accepted date of 30th.

    Citizens, legal persons or other organizations that administrative record affect the legitimate rights and interests, can apply for administrative reconsideration or bring an administrative suit.

    25th the citizens, legal persons or other organizations submitted late filing or late changes for the record, the administrative registration organ shall order its deadline to submit for the record and give a warning, citizens may be fined 500 Yuan, against a legal person or other organization may be fined a maximum of 2000 more than 5000 Yuan.

    26th the administrative record submitted to hide relevant information or provides false information to submit for the record, the administrative registration organ shall order its deadline to provide the real material and give a warning, the citizen may be 1000 Yuan fine, legal persons or other organizations may be fined a maximum of 5000 Yuan and 10,000 yuan, and to the public.

    27th set administrative administrative body violates these measures provided for in article fifth record, city, district and municipal people's Government at the county level be revoked according to law.

    28th administrative organs and their staff in violation of these regulations, any of the following circumstances, by higher administrative organs, government supervisory organs at the same level or legal bodies shall be ordered to correct serious cases, or the supervision authority directly responsible for the appointment and removal of managers and other persons directly responsible shall be given administrative sanctions:

    (A) materials complete, in compliance with the statutory form of the administrative record submitted does not record or delay treatment;

    (Ii) the materials are incomplete or not in compliance with the statutory form of administrative record submitted to be accepted;

    (C) is not in the Office public notice publicity materials according to law;

    (D) not once informed for the record submitted must be corrected by the regulation in its entirety;

    (E) knowledge that the filing submitted to hide the information or provides false information to accept or not processed in a timely manner;

    (F) does not comply with the relevant privacy terms.

    Article 29th executive administrative record, without charge, by its higher administrative authorities or supervisory authority ordered the repatriation of illegally charged fees directly responsible in charge and other direct liable persons, by appointment and removal or the supervisory organs shall be given administrative sanctions. 30th article this way come into force on March 1, 2011.