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Shenzhen Administrative Services Management

Original Language Title: 深圳市行政服务管理规定

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Administrative services management provisions of the Shenzhen City

(Act No. 216 of the People's Government Order No. 225 of 19 March 2010)

Chapter I General

Article 1 provides for the creation and provision of administrative services to facilitate the transformation of government functions and the construction of service-oriented Governments.

Article 2 refers to administrative services referred to in this article, which refers to acts by executive organs that provide assistance or conduct related matters, as required by citizens, legal persons or other organizations. However, the following acts by the executive branch include:

(i) Approval, registration, etc., administrative review, administrative compensation, upon application by citizens, legal persons or other organizations (including administrative licences and non-administrative licences, registrations, etc.);

(ii) Public services, such as urban management, environmental protection and health, which are not specifically targeted under statutory responsibility.

Article 3. This provision applies to the creation, supervision and inspection of administrative services projects within the responsibilities of the administrative organs of the Zanzhen municipality (hereinafter referred to as administrative organs).

Administrative authorities are encouraged to provide additional administrative services. This provision may not be applicable to administrative organs who, at the request of citizens, legal persons or other organizations, should provide services voluntarily.

Article IV creates and provides administrative services that should follow the purpose of the people, in accordance with the principles of the people, quality and efficiency, in line with the demands of changing government functions and deepening institutional reforms.

Article 5. The provision of administrative services by administrative organs shall be simplified and shall not be processed as administrative approval matters and shall be made available for compliance with established administrative services requirements.

Chapter II

The following matters should be established:

(i) To provide information on the Government;

(ii) Provide temporary social assistance;

(iii) Provide guidance on employment and re-employment training;

(iv) Provision of a request or registration that is not subject to administrative approval;

(v) Provision of administrative assistance necessary to obtain administrative approval or industry accreditation;

(vi) Is the relevant proof or revelation, exchange of relevant documents and write-off of documents that are not subject to approval by law;

(vii) Provision of judicial instruments or arbitral awards for implementation assistance;

(viii) Other laws require assistance from the executive branch.

Article 7. Administrative services are established by normative documents of the legal, regulatory, or administrative organs (hereinafter referred to as normative documents).

Normative documentation for the establishment of administrative services by municipal, district government departments should be made available in accordance with the relevant provisions after the review of the Government's rule of law institutions. Normative documents for setting up administrative services should be made available in accordance with the relevant provisions upon review by the municipal authorities' rule of law institutions.

Article 8. Administrative authorities should further deepen the reform of the administrative approval system, reduce administrative approval and increase administrative services. Administrative services should be established for administrative approval. However, the law, legislation and regulations provide otherwise in accordance with their provisions.

In accordance with the administrative approvals cancelled in accordance with the statutory procedures, administrative services can be established according to the needs of society.

Article 9. The executive body drafted regulations, regulations or normative documents, in consultation with the public of society, should carefully study the proposal for the creation of administrative services to the public of society, and should not be adopted, justifying the drafting of the note.

Article 10. The executive body shall submit administrative services to be provided by this organ in accordance with the statutory responsibilities to be reviewed and published in accordance with the procedure set out in this article.

The Government of the Shenzhencan (hereinafter referred to as the city's Government) is proposing administrative services to be delivered to the municipal authorities for review. The administrative services project to be provided by the Government of the People's Republic of the Region (hereinafter referred to as the Government of the Region) was reviewed by the Government's rule of law institutions. Prior to the finalization of the administrative services project, the authorities of the municipalities should seek the advice of the municipal authorities in the rule of law, and the municipal rule of law institutions make a unified and coordinated view of the administrative services projects to be provided by the various sectoral government departments. The Government's rule of law institutions should seek the views of the current Government agencies in reviewing administrative services projects.

The executive branch shall publish the administrative services project, which has been validated, in a timely manner, in the Official Gazette of the Government, and make public information networks available at this level and in this organ.

Article 11. The administrative organs shall be required to increase, remove or adapt administrative services projects, in accordance with the procedures set out in Article 10 of this provision.

Article 12 Government rule of law institutions, in line with the realities of the building of service-oriented Governments, believe that projects requiring increased or cancellation and reorientation of administrative services should be addressed in accordance with the relevant sectoral advice from the current government body.

Article 13 Civil, legal or other organizations may make observations and recommendations on the creation and provision of administrative services, including correspondence, fax, e-mail, to the executive service.

Chapter III

Article XIV provides administrative services in accordance with this provision within the framework of statutory responsibilities.

Article 15. The organization that is mandated by law, legislation and regulations to administer the functions of public affairs provides administrative services in its own name, within the framework of the legislative mandate. The authorized organization shall apply the provisions of this provision relating to the administration.

Article 16 provides administrative services (hereinafter referred to as entrusting administrative services) to other executive organs or organizations with public administration functions, as well as industry associations, non-profit civil society organizations (hereinafter referred to as commissioned units).

The executive branch is encouraged to commission administrative services from grass-roots organizations.

Article 17 provides administrative services to be entrusted by the executive branch and shall enter into a commissioning agreement with the authorized units to provide for the services projects, the content and duration of the services entrusted, and to provide administrative services in the form of the Government's bulletin, the Government Public Information Network and the Public Information Network of the Authority. The commissioning agreement shall be submitted within 10 working days of the date of the conclusion of the present Government's rule of law.

The commissioning of an administrative authority to provide administrative services to the mandated units should be monitored and directed, and the consequent legal responsibility for the consequences of the act.

Within the delegated authority, administrative services are provided in the name of the organ entrusted; the trustee shall not re-establish other organizations or individuals to provide administrative services.

Article 18 The executive branch may transfer administrative services to legal persons or other organizations (hereinafter referred to as the purchaser) in a manner in which the services are purchased.

Article 19 provides administrative services through the purchase of services, and shall be preceded by a review of the Government's financial sector of the programme.

Article 20 provides administrative services through the purchase of services, in accordance with the relevant provisions of government procurement.

Article 21 provides administrative services through the purchase of services, and contracts for the acquisition of administrative services (hereinafter referred to as purchase services contracts) shall be concluded with the purchaser's units to provide for the services to be provided by the purchase cell, duration, quality, purchase price and payment, service targets and modalities, default liability.

Prior to the conclusion of the procurement service contract, the executive branch shall review the draft contract text and the related material to the Government's rule of law body.

After the conclusion of the procurement service contract, the public information network of the executive branch and the Public Information Network, the Public Information Network of the Authority and the Public Information Network of the purchase cell should be published.

Article 22 provides, on its own behalf, the services agreed upon in the procurement service contract and the consequences of the act are subject to the corresponding civil responsibility. Unless the procurement authority agrees, the purchaser may not entrust, designate or transfer to other organizations or individuals the services agreed upon in the procurement service contract.

The services provided by the purchase cell for the purchase of contractually agreed services should be indicated that the service belongs to the procurement of administrative services to the executive branch.

Article 23, the municipality and the territorial Government may, in accordance with the principles of simplification, harmonization and effectiveness, determine, by law, the obligation of an administrative organ to perform administrative services for the administrative organs concerned.

Article 24 requires that administrative services be handled by a number of institutions within the executive branch, which should identify an institution to harmonize the application for administrative services and harmonize administrative services to the applicant.

Administrative services are provided by law by more than two government departments, and the Government of the people at this level can identify and communicate requests to the relevant departments, or organize joint and central processing.

Article 25 provides for the establishment of the Office of the Chief of Administrative Services by the municipality and the Government of the Region, which provides the conditions for joint and centralized administration services for the current Government.

In accordance with the principle of the public, administrative services may be provided in accordance with the need for administrative services in the present administration or in other locations.

The purchase of a purchaser offering administrative services is based on the principle of the public, which can handle service matters in this unit or in other locations.

Chapter IV Administrative service procedures

Section I General provisions

Article 26 shall establish administrative services for each administrative service provided to it as a specific basis for the provision of administrative services.

The content of the administrative service delivery approach should be consistent with the provisions relating to the creation and delivery of administrative services.

The executive branch should provide administrative services in accordance with the announced administrative service delivery approach.

Article 27 of the municipal rule of law institutions are responsible for the development of rules and uniform formats for the provision of administrative services that guide the development of administrative services by all municipal administrations.

Article 28 provides the following:

(i) Administrative service content;

(ii) The target of administrative services;

(iii) The basis for administrative services;

(iv) Modalities and materials for application;

(v) The admissibility and location;

(vi) Provide organs;

(vii) Modalities and time frames;

(viii) Documentation and duration of effectiveness;

(ix) Whether fees and fees are charged;

(x) Other.

Article 29 provides the same administrative services as sector government departments, as well as the same administrative services provided by various sectoral government departments, which are harmonized by municipal government operational authorities.

Article 30 provides administrative services developed by the executive branch, which is reviewed by the principal Government's rule of law body on behalf of the current level of government, which is in compliance with this provision, is published in the Official Gazette of the Government, the Government Public Information Network and the Public Information Network of this organ. The approach to the provision of administrative services, as set out in article 29 of this provision, should also be made public information nets for the provision of administrative services in the district government.

The executive branch modifys or repeals the administrative service delivery approach, which is carried out in accordance with the procedure set out above.

Article 31, civil, legal or other organizations believe that the means of providing administrative services are not in accordance with or unreasonably based on administrative services and can be reflected to the administrative service delivery body, which is considered by the administrative service provider and should be amended in a timely manner in accordance with the procedures set out in this provision.

In accordance with the principle of the public, the executive branch may compile guidance on administrative services to inform the applicant of matters requiring attention in the processing of administrative services.

Article 33 should be published by the executive branch in its legal, regulatory, or normative documents providing administrative services in the full text of the public information network of this organ and allow free download by the public.

Article 34 should simplify the procedures for the provision of administrative services, reduce the availability of services, reduce the time frame, promote access to administrative services, including through the use of the Internet, telephone, fax or mail.

Article XV requires the suspension of the provision of administrative services for special reasons, which shall be approved by the present-level government after review by the Government's rule of law body.

Article XVI, which was approved by the executive branch, shall make public announcements about the reasons for the suspension and the duration of the suspension by making public information networks at this level and at the location of the administrative service. The announcement may suspend administrative services.

The administrative body has a deadline for the suspension of administrative services for up to six months. The expiry of the period would require an extension, in accordance with article 33, paragraph 5, of the present provision and the provisions of this article. The executive branch shall not declare a moratorium on the provision of administrative services.

Article 37 purchases of administrative services and, in addition to the provisions of this chapter, does not apply to the procedures set out in this chapter. The purchase cell should develop a methodology for the provision of services, provide for the administrative authority for the purchase of services and make services available to society in accordance with the publicly published service delivery method.

The services provided by the purchaser's services contract agreement should be governed by the principles of public, quality, efficiency, simplification of service procedures, improved service delivery and improved service attitudes.

Section II Application and admissibility

Article 338 Civil, legal or other organizations require administrative services and shall apply to administrative services.

The applicant's application for administrative services should be accountable for the authenticity of the substance of the application, if it is provided to the executive branch. The administrative service delivery approach stipulates that no written request material or written material is required, and that the administrative service is not required to submit the applicant.

The applicant may entrust the agent with a request for administrative services. However, the law should be the exception of the applicant's personal application.

Article 39 provides the applicant with the text of the application form, form, contract model, etc., and shall be published and allowed to download free of charge by the public information network of this administrative body.

The applicant may use the text of the application form, form, contract model, etc. that is consistent with the specifications or downloads from the Public Information Network of the executive branch. The laws, regulations, regulations and regulations provide otherwise in accordance with their provisions.

Article 40 Applications for administrative services submitted by the executive branch to the applicant are dealt with separately according to the following:

(i) The application is a matter of administrative approval and the applicant shall be informed of the application for administrative approval in accordance with the relevant provisions;

(ii) The matter of application is not within the scope of the duties of this administrative body and should be communicated to the applicant and to the organ to which it is to be admissible; however, the application is a temporary remedy or the applicant has special difficulties, and should help the applicant to apply to the organ to which it is to be admissible;

(iii) The matter of application falls within the purview of the functions of this administrative body, which does not require the submission of the request material, or whether the request for the material is well received. The applicant should be allowed to make corrections at the time of the request for material error and should be admissible after correction. Approval should be given to the application to which it is admissible, in accordance with the administrative service delivery approach;

(iv) The submission of material is incomplete or incompatible with the statutory form and should be communicated to the applicant within three working days to the extent that the applicant is required to fill the full content, which is later unnoticed and received from the date of receipt of the request.

The written notification by the executive branch should be added to the special seals of the executive branch and the dates indicated.

Article 40. The date of receipt by the administrative organ of the application for administrative services is the date of receipt of the application.

The applicant is informed by the executive branch of the submission of the request materials and the date on which the application is received is calculated from the date of the applicant's submission of the full material in accordance with the provisions.

Section III Verification and decision

The application of the applicant is in accordance with the administrative service delivery approach, and the executive body should make decisions on the provision of administrative services at the time.

The executive branch shall not take a decision on the provision of administrative services at the time and shall decide to inform the applicant within five working days of the date of receipt of the request. Five working days could not be decided, with the approval of the head of the executive body, five working days could be extended and the applicant should be informed of the extended time and reason. Specific matters require additional work day decisions, and administrative bodies should propose time frames and reasons for presentation of the present-level government rule of law bodies, as set out in the administrative service delivery approach to related matters. Prior to the decision of the executive service, the executive body needs to be heard, investigated, evaluated or disclosed by law, and the time required is not calculated for the period specified above. The laws, regulations, regulations and regulations establishing administrative services are provided in accordance with their provisions.

Article 43 should provide administrative services in a timely manner, following a decision by the executive body to provide administrative services. The administrative service delivery approach stipulates that a written decision or other written material is required and should be given to the applicant.

The decision of the executive branch not to provide administrative services should be taken in writing and justified and informed of the applicant's right to complain, apply for administrative review under the law or to initiate administrative proceedings.

The decision of the executive branch to provide administrative services requires the production of the relevant documents, which shall be issued and sent to the seal of the executive branch of Gégué within five working days from the date of the decision. The laws, regulations, regulations and regulations establishing administrative services are provided in accordance with their provisions.

Article 42 should establish a administrative service file management system to preserve administrative service requests and decision-making materials that should be stored in the record.

Article 46 provides administrative services to the executive branch and shall not be required to purchase the designated commodities, accept other reimbursable services.

The administrative services of the staff of the executive branch shall not be requested or collected by the applicant's property or shall not be used for other benefits.

Section IV Administrative services costs

Article 47 provides administrative services without charge. However, laws, regulations, regulations and regulations provide otherwise in accordance with their provisions.

Texts of the form of applications for administrative services, tables, model contracts, etc. shall not be charged.

The provision of administrative services by the authorized unit or by the purchaser shall apply to the provisions of this article.

The requirements for the provision of administrative services by the executive branch should be included in the budget of the executive branch, which is guaranteed by the current level of finance, and subject to the approved budget.

Article 49 provides administrative services in accordance with the relevant laws, regulations, regulations and regulations, and is governed by regulations relating to the administration of charges for administrative purposes.

Oversight inspection

Article 50 does not provide administrative services in accordance with the law, and citizens, legal persons or other organizations have the right to complain, apply for administrative review under the law or to initiate administrative proceedings.

Article 50 should establish a system of complaints for administrative services, which designates the body of the executive body to receive and address complaints of the provision or commission of administrative services to this administrative body, and to make public information available to the public information network of this organ and institutions, telephones, etc.

Complaints received by the complaints body should be investigated and dealt with in a timely manner by law.

Article 52 should establish an e-monitoring system for administrative services and include activities for the provision of administrative services by the executive branch in the e-monitoring system.

Article 53 Complaints by the inspectorate of citizens, legal persons or other organizations under the law against administrative services and their staff members who do not provide administrative services in accordance with the relevant provisions.

Article 54 allows the inspectorate to develop specific provisions for the inspection of administrative services in the light of the reality.

Article 55 of the Government's rule of law body is responsible for the supervision of the provision of administrative services to the executive branch at this level, which guides the implementation of this provision by the executive branch.

The Government's rule-of-law bodies have found that the executive branch does not carry out or has been able to redirect the administrative service delivery system, which has a negative impact on the applicant's access to administrative services, should be tasked with correcting the administrative organs; the executive branch does not correct, informs the Government of the criticisms transferred to the supervisory body to hold administrative responsibilities for the executive heads and may draw the decision of the current Government to rescind the contents of the administrative authority.

Article 56 should report to the current Government in the first quarter of each year on the provision of administrative services, including the provision of administrative services projects, the number of administrative services provided, the applicant's complaint or application for administrative review, the circumstances of administrative proceedings and their results. The report should be published by the Public Information Network of this organ.

The Government's rule of law bodies should organize regular inspections and evaluation of the provision of administrative services by the executive branch at this level, an analysis of the annual reports of administrative services provided by the executive branch, studies and proposals on issues related to strengthening the oversight and guidance of the administrative organs in providing administrative services. The Government's rule of law institutions believe that, when necessary, social intermediary organizations can be entrusted with professional assessment of the quality of administrative services.

The provision of administrative services by the executive branch is included in the evaluation of the Government of the Rule of Law.

Article 57 provides administrative services through the purchase of administrative services, and the provision of administrative services by the purchaser's units shall be regulated by law and the services provided by the purchaser's units in accordance with the provisions of the procurement service contract.

The purchaser should report to the procurement administration in the first quarter of each year on the services agreed to in the purchase of the services contract, including the provision of services, the number of service delivery, the use of funds, the applicant's complaints and their processing. The report should be made available to the Public Information Network of the Administrative Authority and the Public Information Network of the purchase cell. In the opinion of the executive branch, the procurement units may be required to submit the reports of the accounting services for the use of funds.

Chapter VI Legal responsibility

Article 588, in violation of article 7, article 10 of the present article, does not create or do not propose administrative services projects to be provided by the executive branch or by the relevant branches of the Government, and shall be held accountable for the administrative responsibility of the executive branch and the responsible person.

Article 59, in violation of this provision by the executive branch and its staff, is one of the following cases, being corrected by its superior administrative body or by an inspection authority, and to hold administrative responsibility for the executive branch and the responsible person:

(i) Applications for administrative services that are in compliance with statutory conditions are inadmissible, do not provide or do not provide administrative services within the statutory period;

(ii) In the process of admissibility, verification and decision-making of administrative services, the applicant has not complied with the obligation under law;

(iii) No application for administrative services in accordance with this provision;

(iv) The decision to make applications for administrative services that are inadmissible or that administrative services are not provided without written material pursuant to this provision or no justification;

(v) No public obligation under this provision;

(vi) Other violations of laws, regulations, regulations and provisions.

Article 63/, when administrative services are handled by the staff of the executive branch, there is a need for administrative responsibility to be held in accordance with the law, for example, for the purpose of obtaining, receiving and obtaining the property of another person or for taking advantage of other private interests, and for the transfer of the judiciary by law.

Article 61 provides administrative services, unauthorized charges or non-appointed under statutory projects and standards, and is being converted by an administrative authority or an inspectorate order to return the costs of unlawful charges and to hold administrative responsibility for the administration and the responsible personnel.

The interception, misappropriation, misappropriation or transfer of administrative services is charged under the law, and the payment of administrative responsibility to the responsible person concerned, and the transfer of the judiciary by law.

Article 62 states that the purchase of administrative organs shall be held in accordance with the law, in violation of the contract for the purchase of services or the relevant law during the provision of administrative services.

Article 61 ter The applicant conceals the information or provides false material for administrative services, which is inadmissible or does not provide administrative services.

Article 63 quantify the applicant's access to administrative services and related economic interests, such as deception, bribery, or the loss of State interest, public interest or other interests, and the executive branch shall be responsible for the benefit of his return and compensation for economic losses; and in cases where serious crimes are suspected of being committed, to the justice system.

Chapter VII

Article 65