Chengdu City, Non-Approval Of Administrative Licensing And Registration Requirements

Original Language Title: 成都市非行政许可审批和登记规定

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(Chengdu municipal people's Government, on June 25, 2008 the 12th Executive meeting on July 22, 2008, Chengdu municipal people's Government, the 149th announced as of August 20, 2008) Chapter I General provisions article I (objective basis) to regulate the non-implementation of administrative licensing, approval and registration of the creation, and gradually reduce the number of non-administrative licensing, approval and registration, to improve administrative efficiency, promote administration according to law, these provisions are formulated. Article II (umbrella term) mentioned in the present provisions of non-administrative licensing, approval and registration, is defined by administrative organs to implement but do not apply to the People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law) of the administrative examination and approval and registration. Main including: (a) about administrative organ on other organ or on its directly management of institutions of personnel, and financial, and Foreign Affairs, matters of approval (following collectively internal approval); (ii) Government on State-owned assets management of approval; (three) about tax relief, and using Government Fund or enjoy other government financial preferential treatment of approval; (four) about religious national policy matters of approval; (five) about home special care and, and social security treatment and family planning of approval; (six) on civil relationship, and
    Confirmation of registration for civil rights; (VII) record review (h) that did not belong to the administrative licensing law of adjustment of administrative examination and approval and registration.
    Article III (scope) these provisions apply to administrative organs at various levels in Chengdu city creation, approval and registration of the implementation of the administrative license.
    Fourth (reliance) citizens, legal persons or other organizations shall be made by a non-administrative licensing, approval and registration are protected by law, administrative body without changing the entry into force of the non-administrative licensing, approval and registration. Non-approval of administrative license and registration on the basis of laws, rules and regulations amended or annulled, or approving an administrative license approval and registration are based on significant changes in the objective circumstances, required in the public interest, the administrative organ may change or withdraw the entry into force of the non-administrative licensing, approval and registration.
    Thus causing property damage to citizens, legal persons or other organizations, the executive organ shall provide compensation.
    The fifth section (management responsibility) legal work of the Government departments are responsible for the non-administrative levels of Government approval and registration matters and implementation of work on organ.
    Construction of canonical service Government authorities (Administrative Service Center) responsible for the non-implementation of administrative licensing, approval and registration of the standardization work.
    Monitoring departments are responsible for the non-administrative licensing, approval and registration of administrative supervision of implementation.
    Chapter II non-establishment and implementation of the administrative licensing, approval and registration of the sixth article (setting principle) non-administrative licensing, approval and registration set by the laws, rules and regulations.
    Municipal Government held that it need to set non-administrative licensing, approval and registration, in accordance with the principles of lawfulness, fairness, streamlining and efficiency, general discussion, it was decided by the municipal government.
    Municipal Government departments, district (City) County Government and its departments, neighborhood offices and township (town) Government not to create non-administrative licensing, approval and registration.
    Seventh (regular evaluation) Legal Department should be implemented by the timely organization of the city administrative approval and registration evaluation, proposals for the abolition or increase reported that the Municipal Government agreed, in a manner prescribed by law.
    Administrative authorities should be timely for this sector of non-administrative license, approval and registration of the implementation and the need to evaluate, to abolish or adjust the views submitted to the legal department.
    Citizens, legal persons or other organizations may appeal to the administrative authorities or Government legal departments to abolish or adjust the non-administrative licensing, approval and registration of comments and suggestions. Eighth (project) administrative organs to implement non-administrative approval and registration of a project by the municipal and district (City) County Government to the public.
    Project may not be released without organization. Increase in administrative organs according to law, cancel, change its administrative approval and registration of a project shall be reported to the legal work of the Government review and submit, and announced to the public.
    Cancelled by law, should be made after the cancellation of management approaches, released after the approval by the legal work of the Government departments.
    Nineth (subject) non-administrative licensing, approval and registration by a non-administrative licensing, approval and registration of the right of implementation of administrative organ within its statutory mandate. Authorized by the laws, rules and regulations to administer public affairs functions of the statutory mandate, implementation of the administrative license in their own name, approval and registration.
    Authorized organizations governed by these provisions the provisions of relevant administrative organs.
    According to the provisions of the laws, regulations and rules, administrative authorities may entrust other administrative bodies to implement non-administrative permissions, approval and registration. Approval and registration of the right of implementation of the administrative license administration and organizations, the municipal and district (City) County Government to the public.
    Been made public bodies and organizations, not implementation of the administrative licensing, approval and registration.
    Tenth (trial limited) unless as prescribed in accordance with the laws, regulations, rules, administrative organs may not for the other administrative organ or other administrative body for non-administrative licensing, approval and registration of applying for preliminary review.
    11th (relative concentration) according to the principle of simplification, uniformity and efficiency of the municipal government, may, in accordance with a decision of an administrative authority shall exercise the relevant administrative bodies of non-administrative licensing, approval and registration of the right.
    12th (technical review) administrative organs in accordance with the needs test, inspection, and quarantine, audit, evaluation, investigation and inspection to non-administrative licensing, approval and registration of the results of a decision shall be announced to the public statutory inspection, testing, inspection, audit, evaluation, investigation and inspection criteria and standards. Testing, inspection, and quarantine, audit, evaluation, investigation and inspection shall be gradually implemented by social organizations comply with the statutory requirements.
    Administration shall not be designated implementing organizations. 13th (code of practice) the authority shall, in accordance with the relevant provisions of the laws, regulations and rules, on the implementation of each of the non-administrative licensing, approval and registration carried out according to the following norms and announced to the public.
    Internal approval within the executive authorities system released.
    (A) approval and registration of content; (ii) set approval and registration of according to; (three) approval and registration number limit and the way; (four) approval and registration conditions; (five) application material; (six) application form; (seven) approval and registration application accepted organ; (eight) approval and registration decided organ; (nine) approval and registration program; (ten) approval and registration time; (11) approval and registration documents and the effective term; (12) approval and registration of legal effectiveness;
    (13) the rate (14) annual audit. Administrative authorities should be on the implementation of the administrative licensing approval and registration of discretion to regulate.
    Applications for the same conditions, the administrative organ shall make the same decision.
    Specification for non-implementation of the administrative licensing, approval and registration, by the standardized service Government construction departments (Administrative Service Center), the legal work of the Government departments responsible for directing. 14th (apply) citizens, legal persons or other organizations for non-administrative licensing, approval and registration, an application shall be submitted to the competent administrative authorities and submit your application materials.
    The applicant should be responsible for the authenticity of the substance of the application materials.
    15th article (accepted processing) applicants to administrative organ submitted application material of, administrative organ should according to following situation spot to applicants issued stamped dedicated seal and indicate date of written receipt: (a) application matters law not need approval and registration of, should rates told applicants not accepted, issued not accepted receipt, and indicate not accepted reasons; (ii) application matters law not belongs to this administrative organ terms range of, should rates told applicants not accepted, issued not accepted receipt, and indicate should accepted of organ;
    (C) the application materials are incomplete or not in compliance with the statutory form, shall be notified in writing on the spot need to correct all material; (d) the application materials are complete and comply with the statutory format, or to the applicant in accordance with administrative authority required correction correction or submit all application materials, shall be issued to accept receipt. 16th (review period) except non-administrative licensing, approval and registration of decisions can be made on the spot, but administrative authority shall, within 10 working days from the date of acceptance of the application to make a decision. 10 working days cannot make a decision, approved by the head of the administrative organ, and can be extended by 5 days, and should be extended to inform the applicant in writing of the reasons for it.
    However, the creation of administrative licensing, approval and registration of laws, regulations and rules provide otherwise, in accordance with its provisions.
    Administrative authorities a written undertaking the processing time limit should be less than the statutory period, the administrative organ shall, within the time limit for non-administrative licensing and registration decisions.
    17th (review of decision) the Executive shall review the application materials submitted by the applicant.
    Applicant's application meets the legal conditions and standards, approval and registration of the administrative organ shall make a decision on a written decision.
    No approval and registration decisions of the administrative organ shall issue written decisions state the reasons and inform the applicant shall have the right to seek legal remedy.
    18th (approving public) granted approval and registration decisions made by the executive authorities, in accordance with the relevant provisions of the disclosure of Government information public. 19th (fee prohibition) Executive non-executive approval and registration, to supervise the non-approval of administrative license and registration checks shall not charge any fee.
    However, national provisions of laws, administrative regulations or the State Council decided, in accordance with its provisions.
    Administrative authority to provide non-administrative licensing, approval and registration of application format text, tables, forms and other application materials text, shall not be charged.
    Chapter III supervision article 20th (supervise) the executive organ shall obtain approval and registration of the citizens, legal persons or other organizations engaged in activities related to the supervision and inspection.
    21st (supervision) monitoring departments and government legal departments, construction of canonical service Government departments on non-administrative license in accordance with their respective responsibilities, approval and registration of the creation, supervise and inspect the implementation of, and correct violations.
    Supervisory departments should all non-administrative level administrative organs to implement licensing approval and registration in electronic surveillance system to monitor.
    22nd (report) the administrative organs shall report before the end of February in each year to the Government at the same level year on implementation of the administrative license, approval and registration, including applications for approval and registration matters, approval and registration, approval and registration of results, applicants complaint or may apply for administrative reconsideration, administrative litigation and its results, and so on.
    The legal work of the Government departments, construction of canonical service Government authorities are responsible for the analysis of annual reports, suggestions and recommendations.
    Executive implementation of the administrative licensing, approval and registration of integrated examination of administration according to law.
    23rd (remedy) unlawful implementation of the administrative license of executive approval and registration, the applicant can complain, can also apply for administrative reconsideration or bring an administrative lawsuit or seek other legal remedies.
    The fourth chapter by-laws 24th (reference) non-administrative licensing, approval and registration of the creation, implementation, supervision, accountability matters, this provision is not specified, references to the administrative licensing law and other laws, regulations, the relevant provisions of the regulations.
    Industry associations and chambers of Commerce for approval and registration within its industry, in accordance with the provisions of the relevant laws, rules, regulations, reference to these provisions, the industry association under the guidance of regulators, approval and registration of the corresponding regulations.
    25th (explain) the specific problems in the application of these provisions by the Chengdu municipal people's Government Affairs Office is responsible for the interpretation.
                                                                                                                      26th (the implementation date), these regulations come into force on August 20, 2008.