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(The 12th ordinary meeting of the Government of the Metropolitan People, held on 25 June 2008, considered the adoption of Decree No. 149 of 22 July 2008 on the occasion of 20 August 2008 of the Order of the Metropolitan People. Chapter I General Article 1 In order to regulate the establishment, implementation of non-administrative licences approval and registration, the progressive reduction of the number of non-administered authorizations and registrations, the enhancement of administrative effectiveness, the promotion of the legal administration and the development of this provision. Article 2 The non-administrative licence approval and registration referred to in this provision refers to administrative approvals and registrations carried out by executive organs but not applicable to the National People's Republic of China (hereinafter referred to as the administrative licence law). Mainly include: (i) Approval of matters relating to personnel, financial, external matters, such as personnel, etc., of other organs or of their direct management units (hereinafter referred to as internal clearance); (ii) Government approval of State asset management; (iii) Approval of tax relief, the use of government funds or other governmental fiscal preferential treatment; (iv) Approval of religious national policy matters; (v) Approval of civil administration, social protection and family planning; (vi) Registration of civil relations and civil rights; (vii) Review of all types of requests; (viii) Other administrative approvals and registrations that do not fall within the administrative licence law. Article 3 This provision applies to the creation, implementation of non-administrative authorizations and registrations by executive organs at all levels. Article IV Civil, legal or other organizations have legally obtained non-administrative authorizations and registrations under the law, and administrative authorities may not change unauthorized authorizations and registrations that have entered into force. The law, regulations, amendments or repeals on the basis of non-administers approval and registration, or the objective circumstances on which non-administrative licences are granted, may change or withdraw the non-administrative licence approval and registration that has entered into force. As a result, civil, legal or other organizations cause loss of property, the executive branch shall be compensated by law. Article 5 (Management responsibilities) The Government's rule of law sector is responsible for the clearance of non-administrative licensing and registration matters and their enforcement authorities. Regulatory government-building authorities (the Political Service Centre) are responsible for the normativeization of approval and registration of implementation at this level. The inspectorate is responsible for the administrative inspection of implementation at this level of non-administrative licences and registration. Chapter II Article 6 Non-administrative licences are authorized by law, regulations and regulations. The municipality considers it necessary to establish non-administrative authorizations and registrations, which may be decided upon in accordance with legitimate, reasonable, streamlined and effective principles. The municipalities, the municipalities and their sectors, street offices, communes (communes) may not create non-administrative licences and registrations. Article 7 (regular evaluation) The municipal rule of law sector should organize, as appropriate, an evaluation of the non-administrative authorizations and registrations carried out in my city, a proposal for cancellation or adjustment, which is agreed by the municipal authorities to be processed under the statutory procedures. The executive branch shall, as appropriate, evaluate the implementation of the non-administrative licence approval and registration in the sector and the need for the existence of such a review, provide for the removal or adaptation of views to the municipal rule of law sector. Citizens, legal persons or other organizations may make proposals and proposals to remove or adjust non-administrative authorizations and registrations to the executive or the Government's rule of law sector. Article 8 The non-administrative licence approval and registration projects carried out by the executive branch are published by the municipalities and district (communes). Unregistered projects shall not be organized. The approval and registration projects of non-administrative licences, which are carried out by the executive organs under the law, should be reviewed by the Government's rule of law sector and made public. It was necessary to put forward a later management approach, which was published by the Government's rule of law sector review. Article 9 Non-administrative authorizations and registrations are carried out by the executive body with non-administrative authorization and registration authority within its statutory mandate. Non-administrative authorizations and registrations are carried out in their own name, within the framework of statutory authorization. The authorized organization shall apply the provisions of this provision relating to the administration. In accordance with the provisions of laws, regulations and regulations, the executive branch may entrust other administrative organs with the authorization and registration of non-administrative licences. The executive organs and organizations entitled to carry out non-administrative authorization and registration are made public by the municipalities and district (markets). Non-administrative authorizations and registrations are not carried out by organs and organizations that are not published. Article 10 (Question of first instance) In addition to the provisions of laws, regulations and regulations, the executive branch shall not conduct a preliminary review of non-administrative licences and registration requests by other administrative organs. Article 11 In accordance with the principles of simplification, harmonization and effectiveness, the municipality may, in accordance with the law, determine the exercise by an administrative body of the non-administrative authorization and registration rights of the administrative organs concerned. Article 12 (Technical Review) In accordance with the law, the executive organs need to make non-administrative authorizations and registration decisions based on tests, detection, quarantine, audit, validation, investigation, survey, survey and survey findings, and standards to society. Tests, testing, quarantine, audit, identification, investigation and inspection should be carried out progressively by social organizations that meet statutory conditions. The executive branch shall not designate an implementing organization. Article 13 The executive body shall regulate the approval and registration of each non-administrative licence for it in accordance with the relevant laws, regulations, regulations and regulations and shall make it public. Internal clearances are published within the administrative system. (i) Contents of approval and registration; (ii) The basis for approval and registration; (iii) Limitation and manner of the number of inspections and registrations; (iv) Approval and registration conditions; (v) Applications for material; (vi) The application form; (vii) Approval and registration of requests for admissibility; (viii) Approval and registration of decision-making organs; (ix) Approval and registration procedures; (x) Approval and registration time frames; (xi) Approval and registration of documents and effective deadlines; (xii) The legal effect of the review and registration; (xiii) fees; (xiv) Annual review. The executive body shall regulate the exercise of the discretionary power of non-administrative authorization and registration. In application of the same conditions, the executive branch should make the same decision. The regulation of non-administrative licences for approval and registration is governed by the governing service-building authorities (government service centres), the Government's rule of law sector. Article 14 (Application) Civil, legal or other organizations shall apply for non-administrative authorization and registration, and shall apply and submit requests to the competent administrative organ. The applicant shall be responsible for the authenticity of the substance of the application. Article 15 (Option) The applicant shall submit the request material to the executive branch, and the executive branch shall, in accordance with the following circumstances, give the applicant a written back to the applicant's author's special seal and the dates indicated: (i) The matter of application shall not be subject to approval and registration by law and shall be communicated to the applicant if he is not admissible, to the extent that the application is not admissible and to the reasons for admissibility; (ii) The matter of application is not in accordance with the terms of reference of this administrative body, and should be communicated to the applicant at the time of being admissible, to the extent that the application is not admissible and to the body to which it is admissible; (iii) The application of material that is incomplete or incompatible with the statutory form should be communicated in writing to all material that is needed to be filled; (iv) The material on the application is fully, in accordance with the statutory form, or the applicant shall be subject to the approval of the request in accordance with a request by the executive body for corrections or the submission of the full request. Article 16 In addition to a non-administrative licence approval and registration decision at that time, the executive body shall decide within 10 working days of the date of receipt of the application. Ten working days could not be decided, with the approval of the head of the executive body, five working days could be extended and the reasons for the extension should be communicated in writing to the applicant. However, laws, regulations, regulations and regulations that create non-administrative licences for approval and registration are provided in accordance with their provisions. The duration of the written commitment of the executive branch shall be less than the statutory period, and the administrative organs shall make non-administrative licences and registration decisions within the commitment period. Article 17 (Review of decisions) The executive branch shall review the applicant's submissions. The applicant's application is in accordance with the statutory conditions and standards, and the executive body shall make written decisions to grant approval and registration. The executive branch shall make a decision not to approve and register under the law and shall give reasons for written decisions and inform the applicant of the right to seek legal remedies in accordance with the law. Article 18 The decision of the executive body to grant approval and registration is made public in accordance with the relevant provisions of the public information. Article 19 The executive branch shall not collect any costs for the inspection of non-administrative licences approval and registration, supervision of non-administrative approval and registration matters. However, national legislation, administrative legislation or the Department of State have decided otherwise, in accordance with its provisions. The executive branch shall not be charged with the text of requests for non-administrative approval and registration of applications, forms, model contracts. Chapter III Oversight inspection Article 20 The executive body shall conduct a monitoring review of the activities carried out by citizens, legal persons or other organizations that have received approval and registration. Article 21 The inspectorate, the Government's rule of law sector, the regulatory service-building authorities conduct monitoring inspections for the granting, approval and registration of non-administrative licences in accordance with their respective responsibilities, and promptly correct violations. The inspection component should incorporate all non-administrative authorizations and registrations carried out by the executive branch at this level into the e-monitoring system. Article 22 (Report system) The executive branch shall report to the same-level Government, by the end of February each year, on the implementation of non-administrative authorizations and registrations, including clearance and registration matters, application for approval and registration, approval and registration results, applicant's complaint or application for administrative review, administrative proceedings and their results. The Government's rule of law sector, the regulatory service-building authorities are responsible for analysing the annual report and making observations and recommendations. The application of non-administrative authorizations and registration by the executive branch is included in the legal administrative conduct of the engineering component. Article 23 In the absence of a non-administrative licence approval and registration by the executive body, the applicant may lodge a complaint or may apply to administrative review, administrative proceedings or other legal remedies in accordance with the law. Chapter IV Article 24 The provisions do not provide for the granting, implementation, supervision and accountability of non-administers for approval and registration, and are implemented in accordance with laws, regulations, regulations and regulations, such as the administrative licence law. In accordance with the relevant laws, regulations, regulations and regulations, the various industry associations, chambers of commerce may establish the corresponding approval and registration management provisions, guided by the industry associations's guidance to the regulatory sector. Article 25 The specific application of this provision is explained by the Office of the Rule of Law of the Metropolitan Government. Article 26 This provision was implemented effective 20 August 2008. |
