Shenzhen Administrative Services Management

Original Language Title: 深圳市行政服务管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257735.shtml

Shenzhen administrative services management

    (March 19, 2010 Shenzhen Municipal People's Government promulgated as of May 1, 2010, No. 216) Chapter I General provisions

    First to standardize the setting and delivery of administrative services, promote transformation of government functions and service-oriented government construction, these provisions are formulated. II administrative services in these rules refers to administrative bodies to perform their statutory duties, according to the requirements of citizens, legal persons or other organizations, to provide help or handle the transaction behavior.

    But except for the administration of the following acts:

    (A) by citizens, legal persons or other organizations to apply for approval (including administrative license and non-administrative licensing approval and registration, the same below), administrative reconsideration, administrative compensation;

    (B) not provided for a particular object under the statutory duty, urban management, environmental protection, health care and other public services.

    Provisions of this article apply to the Shenzhen administrative bodies (hereinafter referred to as administrative bodies) duties within the administrative services set as well as the provision of administrative services, supervision and inspection. Encourage administrative authorities to provide more administrative services.

    Executive statutory duties should be citizens, legal persons or other organizations to volunteer to provide related services, these rules may not apply.

    Fourth section and the provision of administrative services shall carry out people-oriented purpose, follow the principles of convenience and high quality, high efficiency, in line with the transformation of government functions and deepening the reform of administrative management requirements.

    Fifth section provides administrative services to the executive authorities should simplify procedures, may not be handled as a matter of administrative examination and approval, to meet the provisions of the administrative services shall be provided.

    Chapter II establishment of an administrative services

    Sixth the following matters shall set up administrative services:

    (A) providing government information;

    (B) provision of temporary social assistance;

    (C) providing employment and re-employment training;

    (D) provides the administrative examination and approval of the filing or registration;

    (E) provide access to the administrative assistance necessary for administrative examination and approval or certification;

    (F) issuing the relevant certificates or replacement, change the relevant documents and the cancellation of law without approval by the relevant certificate;

    (VII) provision of legal instruments or the execution of arbitral;

    (H) the administration according to law need help.

    Seventh administrative services are provided by laws, rules, regulations or normative documents of the executive authorities (hereinafter referred to as normative documents) to set up. Municipal and district administrative services of government departments setting normative documents, this level shall be reported to the Government legal organization review released in accordance with the relevant provisions.

    Normative documents of the Government administrative services, shall be submitted to the legal review in accordance with the relevant provisions of the Municipal Government announced. Eighth executive authorities should further deepen the reform of the administrative examination and approval system, reduce administrative examination and approval, and administrative services. Can be set to administrative examination and approval can also be set as a matter of administrative services should be set for administrative services.

    However, as otherwise provided by laws and regulations, in accordance with its provisions.

    In accordance with the statutory procedure to abolish administrative examination and approval, according to the needs of the community, can be set for administrative services.

    Nineth Executive draft legislation, established regulations or normative documents in the process of soliciting public opinion, set against the public administration services, should seriously consider; inadmissible, in the drafting of the statement of reasons.

    Tenth administrative bodies should be submitted according to the statutory duties of the administrative services to be provided, in accordance with the procedures laid down in this section to draw attention to the validation and publication. Shenzhen Municipal People's Government (hereinafter referred to as the city) be provided by the Department of administrative services, submitted to legal review reported that the municipal government approval. Shenzhen district people's Government (hereinafter referred to as the District Government) Department of administrative services to be provided after review project presented to the District Government legislative bodies reported to the District Government's approval. Audited before the administrative services, the Government should seek the advice of legal institutions, legal institutions to be provided by the various government departments coordinated comments to the administrative services.

    Government legal organization in the review of administrative services should be consulted when the Government institutions sector of the same level.

    After validation, the administrative organ shall be the administrative services announced in the Official Gazette published the same level in a timely manner, while at the level of government public information network and the authorities announced.

    11th administrative organ intends to add, cancel or adjust administrative services shall, in accordance with the procedure provided for in article tenth.

    12th government legal agencies according to the actual situation of constructing service-type Government, and the need to increase or cancel, adjustment of administrative services, shall, together with the level of government institutions to prepare departments consult the relevant departments, in accordance with the relevant legal procedures.

    13th a citizen, legal person or other organization may by letter, fax, e-mail or any other means for administrative services in setting and administrative services provided to set up organs, organs of advice and recommendations.

    Chapter III administrative service delivery agencies, and

    14th administrative organ within the statutory responsibilities pursuant to the provision of administrative services. 15th authorized by laws and regulations to administer public affairs functions of the statutory mandate, provides administrative services in its own name.

    Authorized organizations governed by these provisions the provisions of relevant administrative organs. 

    16th administrative organ within its statutory terms of reference, may entrust other administrative bodies or with the function of public administration organizations, and industry associations, non-profit civil organization (hereinafter referred to as the client) administrative services (hereinafter referred to as Commission to provide administrative services).

    Executive principal grass-roots organizations are encouraged to provide administrative services. 17th delegate administrative services are provided by the executive authorities shall enter into an agency agreement with the commissioned unit, delegate to a provided service projects, services and terms, and commissioned and commissioned to provide administrative service at the level of Government communiqués, government public information network and the public information network bulletin.

    Trust Agreement shall, within 10 working days from the date of the conclusion of the level of government legal filings.

    The entrusting administrative organ entrusted with the unit shall be responsible for providing administrative services supervision and guidance, and to bear legal responsibility for the consequences of the behavior.

    Entrusted, within the terms of reference, to delegate authorities under the administrative services trustee shall not delegate administrative services provided by other organizations or individuals.

    18th, an administrative authority may by way of purchasing services, administrative services to legal persons or other organizations in accordance with the relevant conditions (hereinafter referred to as purchase) provided (hereinafter referred to as purchasing provides administrative services).

    19th administrative organs through the purchase of services provides administrative services, should develop programmes in advance the level of government financial sector review.

    20th Executive agreed to buy services provides administrative services, should be carried out in accordance with the relevant provisions on government procurement.

    21st Executive agreed to buy services provides administrative services should be purchased and provide administrative services to sign a purchase contract (hereinafter referred to as purchasing a service contract), the purchased units shall provide services, duration, quality of, and payment of the purchase price, service and liability for breach of such provisions.

    Executive before signing the purchase of service contracts, contracts should be the draft text and related material to the Government legal organization reviews.

    Purchased services after the contract is signed, shall be the administrative organ of the Government Gazette of the public information network, the organs of public information network and by purchasing units posted public information network announced. 22nd purchased Unit provide purchased service contract services in its own name, and the consequences of the Act shall bear civil liability.

    Without the consent of purchasing Executive, was buy purchase service contract service unit shall be permitted to delegate, specify, or transfer them to other organizations or individuals.

    Purchased unit to provide services stipulated in the purchase contract, you should indicate this service belongs to buy provides administrative services to the Executive.

    Article 23rd city and District Government in accordance with the principle of simplification, uniformity and efficiency, may, in accordance with a decision of an administrative authority relating to the administrative services of the executive duties.

    Article 24th Executive services the Executive headed by multiple agencies, the administrative organ shall determine an institution receives applications for administrative services, harmonization of administrative services provided to the applicant.

    Administrative services provided by two or more departments in accordance with law, the people's Governments at the corresponding level is a Department to accept the application and to provide assistance to the relevant departments or organizations relating to joint management, centralized management.

    25th Hall of the municipal and district governments to establish the administrative services, the level of government sector a joint, centralized administrative services provided, government departments should assign an officer Hall for providing administrative services.

    According to the principles of convenience of the Executive, as required in the administrative organs or other places to provide administrative services.

    Purchase is to provide administrative services to purchase the flats according to the principles of convenience, can provide service in this unit or any other place where matters.

    Fourth chapter administrative services program

    Section I General provisions

    26th the administrative organ shall provide every administrative services administrative services provide the means for providing administrative service specific basis.

    Administrative services provide shall comply with set and provides administrative services to the relevant laws, regulations, rules, regulations and regulatory documents.

    Published by the administrative organs shall, in accordance with the administrative service delivery systems to provide administrative services.

    27th legal bodies responsible for administrative services provide the means for the development of rules and the harmonized format, guide the Executive administrative service delivery approach.

    28th administrative services provided include the following:

    (A) the service;

    (B) the administrative services;

    (C) set according to administrative services;

    (D) application and materials;

    (E) the Agency and place;

    (Vi) provide organs;
(VII) provide ways and time limit;

    (H) the certificate and expiration date;

    (I) fees and charges and basis;

    (10) other.

    29th city government departments and local government departments to provide the same administrative services, as well as the same administrative services provided by various government departments, the administrative service delivery approach formulated by the competent departments of the municipal government. Article 30th executive development approach to administrative services provided by the Government legal agencies represent the level of Government approval, review compliance with these requirements, in the Government Gazette, the Government public information network as well as the publication of the public information network.

    In accordance with the provisions of article 29th out of administrative service delivery systems and organs should be provided in the administrative service of the Government public information network announced.

    Administrative bodies to modify or repeal administrative service delivery approach, program execution in accordance with the provisions of the preceding paragraph.

    31st the citizens, legal persons or other organizations that provide administrative services approach does not meet the set of administrative service basis or unreasonable, will provide administrative services with authorities, administrative services provides that reflected the views of established, should be in accordance with the procedures laid down in the modified administrative service delivery in a timely manner.

    32nd administrative organs according to the principles of convenience and publishing administrative services guides, advise the applicant to consider when handling the administrative service.

    Article 33rd administrative organ shall provide administrative services to its laws, rules, regulations or normative documents in the public information network published in full, and allows the public free download.

    Article 34th executive authorities should simplify administrative services provider, to reduce the supply of links, shorten the time limits provided, implemented using the Internet, telephone, fax or post or any other means to accept applications and provide administrative services administrative services.

    35th due to special reason to suspend the provision of administrative services to the executive authorities shall be subject to the level of government legal agencies reported to the level of Government approval after review. Article 36th Executive suspended after approval of administrative services, should be at the level of Government and the public information network accept announced to suspend the provision of administrative services announcements, instructions to suspend reason, the period of suspension.

    Published before the suspension of administrative services. Administrative authorities suspend the Executive term of service, maximum of 6 months. Period of extension of the articles 35th and in accordance with the provisions of the preceding paragraph of this article.

    Administrative organs shall not suspend the time provide administrative services. 37th purchases provide administrative services, except as otherwise provided in this chapter shall not apply to the procedures provided for in this chapter.

    Purchased unit shall develop service delivery, purchase services administrative authorities for the record, and buying services administrative organs and public information network of the unit to the public, in accordance with the advertised services provide the means for providing services.

    Service by provide purchased service contract purchase, should follow the principles of convenience, quality, efficiency, simplify service procedures, improving service, improving service.

    Section II application and acceptance

    Article 38th of citizens, legal persons or other organizations require the Executive authority to provide administrative services, an application shall be made to the service agency. Applicants for administrative services, shall truthfully provide information to the Executive, you need to provide written application materials, should be responsible for the authenticity of the substance of the application materials.

    Administrative services rules do not need to submit a written application materials or do not provide written materials and administrative services agency shall not require an applicant to submit. The applicant may entrust an agent to apply for administrative services.

    However, except as applied for by the applicant in person according to law.

    39th administrative organs shall provide the applicant with the application format in its text, tables, forms and other materials text, should be made public in the administrative organ of the public information network and allowing free downloads. The applicant can use copies or downloaded from the agency public information network that meets the specifications of the application format text text, tables, forms and other materials.

    Otherwise provided for by laws, rules and regulations, in accordance with its provisions.

    40th Executive to the applicants ' application for administrative services, made according to the following circumstances:

    (A) application of administrative approval items, shall inform the applicant in accordance with the relevant provisions of administrative examination and approval applications;

    (B) the application does not belong to the scope of the responsibilities of the Executive, shall immediately inform the applicant inadmissible, and inform its organs shall accept; but the application for interim relief or the applicant with special difficulties, and should help applicants to apply to the authorities should be admissible; (C) the application belongs to the scope of the responsibilities of the Executive, do not need to submit the application materials or application materials are complete, the case. Application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot; corrected, should be inadmissible.

    To the admissibility of the application, under the administrative services provide the means required to accept receipt, shall be issued;

    (D) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within 3 business days once inform all applicants need to correct the content, fails to inform the, shall be accepted as of the date of receipt of the application materials.

    Issued by the Administrative Office of written notice shall be affixed to the Special seal and date the executive authorities.

    41st Executive receiving administrative service to the application date of the date of acceptance of the application.

    Inform submit application materials by applicants in accordance with the administrative organs, from the date of acceptance of the application the applicant pay the full date of the material in accordance with regulations.

    Section III verification and decision

    42nd applicant's application in accordance with the administrative service delivery requirements, the administrative organ shall make a decision to provide administrative services. The Executive should not apply for the provision of administrative services for an on the spot decision, shall from the date of acceptance of the application within 5 business days to make a decision and will inform the applicant. 5 working days cannot make a decision, approved by the head of the administrative organ, and can be extended by 5 days, and shall extend the time and reason to inform the applicant. Need more days to make decisions on specific matters, the administrative organ shall require time limits and reasons reported to the Government legal organization validation in relevant matters provided for in the administrative service delivery. Executive administrative services before a decision is required by law to the hearing, survey, appraisal or publicity, not counting the time required within the period specified above.

    Administrative services otherwise provided by the laws, rules and regulations, in accordance with its provisions. Article 43rd after making the decision to provide administrative services to the executive authorities, should provide administrative services in a timely manner.

    Determinations issued by the administrative services provide the means required or other written materials, shall be issued to the applicant.

    The Executive's decision not to provide administrative services, shall issue a written decision with reasons, and inform the applicant of any complaints, apply for administrative reconsideration or bring an administrative suit right. 44th executive decision to provide administrative services necessary to make the relevant documents, shall take a decision within 5 working days from the date issued, service related documents stamped with the seal of the administrative organs.

    Administrative services otherwise provided by the laws, rules and regulations, in accordance with its provisions.

    45th administrative organs shall establish administrative services file management system, administrative services should be archived applications and materials in accordance with provisions contained in decision on file.

    Article 46th Executive providing administrative services shall not be purchased from the applicants designated commodities and to accept paid services or other improper requests.

    Executive staff administrative services shall not solicit or accept applicant's property, shall not seek other interests.

    Fourth section, administrative services costs 47th Executive providing administrative service shall not charge any fee.

    However, otherwise provided by the laws, rules and regulations, in accordance with its provisions.

    Administration provides administrative services application format text, tables, forms and other materials text, shall not be charged.

    Purchased by authorized agencies or units providing administrative services, application of the provisions of the preceding two paragraphs.

    48th Executive providing administrative service requirements should be included in the budget of the executive authorities, be guaranteed by the governmental finance, in accordance with the approved budget allocation.

    49th Executive provides administrative services to collect fees in accordance with relevant laws, regulations and rules, shall be handled in accordance with the relevant administrative fees management.

    Fifth chapter of supervision and inspection

    50th Executive authority does not provide administrative services, citizen, legal person or other organization has the right to complaint, may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    51st administrative organs shall establish a complaints system of administrative services, specifies the executive body is responsible for receiving and handling of the administrative bodies or supply, purchase providing administrative service act complaints, and published the public information network system and complaints, telephone etc.

    Complaints body to the admissibility of complaints should be investigated and processed in a timely manner according to law.

    52nd supervisory organs shall establish administrative services electronic surveillance systems, Executive authority to provide administrative services to the integration of the activities of the electronic monitoring system to monitor.

    53rd supervisory organ to receive citizens, legal persons or other organizations against administrative organs and their staff provide administrative services of the Prosecutor's charges, supervisory organs to the admissibility of the Prosecutor's charges in accordance with the relevant provisions.

    54th supervisory organs can combine theory with practice to develop monitoring of the Executive and administrative services are provided by specific provisions.

    55th government legal agencies responsible for providing administrative services to the Administrative Department for supervision and executive agencies guiding the implementation of this provision.
Government legal institutions found this level administrative organ not implementation or unauthorized change administrative service provides approach, to applicants get administrative service brings adverse effect of, should obliges administrative organ corrected; administrative organ not corrected of, reported this level Government informed criticism, transfer this level monitored organ held administrative organ head of administrative responsibility, and can drew attention to the this level Government decided revoked administrative organ unauthorized change Hou of content.

    56th administrative organs shall report the matter to the level of Government in the first quarter of each year this Office provides administrative services for the last year, including the provision of administrative services, the provision of administrative services, the applicant complaints or to apply for administrative reconsideration or bring an administrative action and its results.

    The report should be made public in this public information network. Government legislative bodies should be organized on a regular basis for Executive authority to provide administrative services for the inspection and evaluation, the Executive and administrative services are provided by an analysis of the annual reports, relevant research questions and to make suggestions and recommendations to strengthen the supervision and guidance of the administrative authority to provide administrative services.

    Government legal organization deems it necessary, may entrust the social intermediary organizations professional assessments of the quality of administrative services.

    Administration provides administrative services under the rule of law the Government building evaluation content.

    57th Executive agreed to purchase administrative services, should be made available to purchase administrative services supervision according to law, urge is to purchase units in accordance with the provisions of the purchase of service contract to provide services. Should purchase each year to purchase the Executive report of the unit for the first quarter last year to buy the service contract service, including the provision of services, the provision of services quantity, such as use of funds, the complaint of the applicant and its processing. Shall purchase the executive authorities of the report public information network and published by buying public information network.

    Administrative authority deems it necessary, may require that the purchase of funds submitted usage reports audited by an accounting firm.

    The sixth chapter legal liability

    Article 58th executive authorities in violation of the provisions set forth in seventh and tenth is not set or not this organ shall provide administrative services, by its superior organ or the relevant government departments will be ordered to correct the same level and pursue the administrative responsibility of administrative authorities and responsibilities.

    59th administrative organs and their staff in violation of the provisions of any of the following circumstances, by a higher administrative authority or supervisory organs shall be ordered to correct and pursue the administrative responsibility of administrative authorities and responsibilities:

    (A) administrative service that meets the statutory criteria application as inadmissible, not to provide or not provide administrative services within the statutory time limit;

    (B) in the reception, verification, decisions in administrative services, failing to fulfill obligations to the applicant;

    (C) not in accordance with the regulations issued by the administrative services filing receipts;

    (D) the inadmissibility decision or not to provide administrative services administrative services application, or not in accordance with the written materials without reason;

    (V) not in accordance with these provisions to meet public obligations;

    (Vi) other acts in violation of laws, decrees, regulations and rules.

    When the 60th executive staff administrative services, ask for and accept other people's property, or seeking other interests contrary to honest behaviour, shall be subject to administrative liability; a suspected crime, law transferred to judicial organs for handling.

    61st Executive providing administrative service, unauthorized charges, or not in accordance with the statutory items and charges, by its higher administrative authorities or the supervision agency ordered corrective action and repatriation of illegally charged fees and hold executive and the administrative responsibility of the persons concerned.

    Are withheld, misappropriated, privately divide or disguised privately providing administrative service fees charged by the law, be recovered, on the persons prosecuted administratively; a suspected crime, law transferred to judicial organs for handling.

    62nd purchased units in providing administrative services as violation of purchased service contract or the provisions of the relevant laws, buying shall be investigated for legal responsibility of the Executive.

    63rd applicant to hide relevant information or provides false materials required to provide administrative services, inadmissible or not to provide administrative services to the executive authorities.

    64th applicant with fraud, bribery or other improper means to access to administrative services and related economic interests, or cause loss of State interests and public interests, or the interests of others, the administrative organ shall order the refund of benefits, compensation for the economic losses in serious crime, law transferred to judicial organs for handling.

    The seventh chapter by-laws 65th of these provisions come into force on May 1, 2010.