Key Benefits:
(It was considered at the 119th ordinary meeting of the Government of the Greater Orientale province on 13 July 2007 for adoption by Decree No. 118 of 5 November 2007 of the People's Government Order No. 118 of 5 November 2007 and from 1 January 2008) Chapter I General Article 1 provides for the further transformation of government functions by regulating administrative approval, advancing institutional reform, strengthening the management and oversight of administrative approval, promoting the legal administration, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and developing this approach in line with the National People's Republic of China's administrative licence law and relevant laws, regulations and regulations. Article 2 Article 3. The creation and implementation of administrative approval should be guided by the principles of legality, legitimacy and effectiveness, and strict compliance with the terms and procedures of the provisions. The creation and implementation of administrative approval should be beneficial to the economic development of the socialist market and to the overall progress of society, to the maintenance of social order and public interest, to the effective management of the Government and to the enhancement of administrative effectiveness. Citizens, legal persons and other organizations are not able to decide autonomously or, through market mechanisms, intermediary organizations, industry self-regulation and other administrative practices of the Government, may consider the manner in which administrative approval can be applied. Administrative approval involving the limited exploitation of natural resources and the allocation of public resources should, in principle, be governed by open competitions such as tendering, auctions. Article IV creates and implements administrative approval and should be guided by the principles of openness, equity and justice. The provisions relating to administrative approval should be made public; without publication, they should not be used as a basis for the implementation of administrative clearances (other than in matters of confidentiality). The implementation and results of administrative approval should be made public unless they relate to State secret, commercial secret or personal privacy. Approval bodies and their staff should be given equal treatment to the applicant's application for administrative approval without discrimination. Article 5 Implementation of administrative approval should be guided by the principles of efficiency, accessibility and quality services. Article 6 implements administrative approval and should be guided by the principle of proportionality, “ Who is responsible”. Approval bodies should establish sound administrative approval accountability and misappropriation to enhance the management and oversight of administrative approval. Chapter II Article 7. The establishment of administrative licences must be in accordance with the provisions of the administrative licence law; the legal, administrative regulations and the decisions of the State Department are subject to only principled management requirements and no administrative licence shall be granted. The Government of the people at the district level may establish the administration of non-administrative licences in accordance with laws, administrative regulations and national, provincial and provincial requirements and local affairs management needs. Article 8. The establishment of administrative approval should be widely followed by the views of the executive relative and relevant organizations and citizens and the assessment of possible consequences. The establishment of administrative approvals that have a significant impact on economic and social development should be preceded by extensive investigations and widely heard through the holding of hearings, seminars, consultations and other forms. Article 9 creates and adapts administrative approvals, which must be strictly governed by prescribed procedures. The creation and adaptation of administrative approval must be adopted by the Government's Standing Meeting. Article 10 is one of the following cases, and the administrative approvals established should be repealed according to the prescribed procedure: (i) The relevant laws, administrative regulations or other documents that have been established for administrative approval matters have been repealed; (ii) In accordance with the needs of economic and social development, it is not appropriate to reservoir; (iii) The number of limitations that have been imposed, but the number of management is no longer being used and may be regulated through administrative approval; (iv) Administrative approval of non-administrative licences, which should be assessed on a regular basis by the established organs and no assessment within five years; (v) Other cases to be repealed. Article 11 provides for the development of a follow-up management approach to the administrative approval that has been repealed, and the approval authority should develop a follow-up management approach in a timely manner, without requiring the applicant to prepare a declaration plan or implement administrative approval in other ways. Chapter III Procedures for administrative approval Section I Article 12 Administrative approvals accepted by the Approval Body must be in accordance with Article 7 of this approach. The administrative approvals accepted by the Approval Body involve a number of in-house institutions, which should be established as a lead process, and the appointment of an internal body to harmonize external receipt and response to the applicant. Article 14. The executive approval is required by law for approval by more than two executive organs of the same-level people, who have a direct responsibility established by this Government, and is communicated to the relevant administrative organs by the receiving body. Article 15 should establish administrative approval windows for approval and harmonization of acceptances for the executive approval bodies that are enterprise-oriented, public- and higher administrative approval operations. Article 16 may establish administrative approval service windows based on the need for more than communes, municipalities and districts. Article 17 The applicant requests the approval authority to make clarifications on the content and requests for administrative approval, and the approval authority shall make clarifications and provide advisory services. The approval authority shall provide the applicant with the form of the application for administrative approval. Article 18 Laws, administrative laws and regulations do not make a clear request and the approval authority shall not require the applicant to provide the services related to administrative approval through the intermediary. The law, administrative regulations explicitly require the applicant to provide the services related to administrative approval through an intermediary body and, in addition to the legal, administrative regulations specify, the approval authority shall not designate an intermediary agency. Article 19 Approval bodies and their staff shall be governed by the law and shall receive applications in accordance with the terms of reference and competence: (i) The extent to which the application is a matter of responsibility of this organ, the fullness of the application, the conditions of admissibility, the admissibility of the request and the written admissibility of the evidence; the approval authority may, at the time of the request, decide whether the application is permitted and may not be granted in writing; (ii) In cases where the request is incomplete or incompatible with the conditions of admissibility, additional information and other matters are to be communicated to the applicant in a one-time manner or in a notice; (iii) Decisions that are not within the scope of the functions of the present approval body shall be taken inadmissibility and shall be communicated to the applicant for application to the relevant administrative organs; (iv) The applicant shall not be required to submit technical and other information that is not relevant to the administrative approval of the application. Section II Review Article 20 should establish administrative approval management systems and establish normative review procedures and decision-making mechanisms. Approval bodies should clarify the recipients, the reviewers and the author. The approval of the decision shall be approved by the rator upon the basis, conditions and procedures for administrative approval by the licensor for the first instance of opinion and reason. Any member of the approving authority shall not be subject to administrative approval. Article 21, the applicant's submission, in full and in accordance with the conditions of admissibility, does not require verification by law of the application for administrative approval to the field and can make decisions at the time, and the approval authority shall make decisions on whether the applicant is permitted at the time; the decision shall not be permitted at the time of the time provided for in this approach shall be completed. Article 2 requires verification on the ground to be granted administrative approval and the approval authority shall assign more than two staff members to field verification and inform the applicant in writing of the results on the ground. Upon verification, it is not in accordance with administrative approval conditions and should be informed of the specific reasons for the applicant, the clarity of the contents and the time for review. Verification on the ground should be record-keeping and archived. Article 23 provides for a limited number of restrictions that are not suitable for the use of administrative approval, such as tendering, auctions, and that the applicant has two or more, and is in accordance with the conditions set, in principle, the decision on whether the application is granted. The law, administrative legislation and regulations are also provided for by them. Approval bodies should receive inquiries and oversight either on a regular or regular basis with a limited amount of administrative approval. Article 24 provides for administrative approval in one of the following cases: (i) Significant or complex situations; (ii) The discretionary power of liberty; (iii) Approval of the need for collective review; (iv) The leadership of the executive organs of collective research decisions requires collective review; (v) Other needs to be reviewed collectively. Article 25 shall establish a working mechanism for collective review, specifying specific rules of procedure and procedures. Participation may be invited, if necessary, to the relevant sectors and relevant experts. Article 26 deals with more than two administrative bodies, administrative approvals for joint review are required, and the principal review body established by the current Government is responsible for the joint review of the organization, coordination and matters throughout the process. Specific review approaches and procedures are jointly defined by the sectors reviewed. Article 27 provides administrative approval that has a significant impact on economic and social development, and the executive organs should decide, inter alia, through surveys, hearings, counselling and expert evaluation. In reviewing the application for administrative approval by the Approval Body, it was found that administrative approval matters were directly related to the important interests of others and that the relevant stakeholders should be informed in a timely manner; the approval body should hear the presentation and the defence of the applicant, the person of the stake. Section III Time period and communication Article 29 provides for the period of administrative approval of the administrative licence under the administrative licence law. Article 33 shall, in addition to the administrative approval of a non-administrative licence decision that may be taken at the time of the administrative approval decision, decide on matters of the review, approval category within 15 days from the date of receipt of the application for administrative approval; and decide on matters of the approval category within 20 days. The review body shall communicate the results to the applicant in writing within the prescribed period. Approval bodies have confirmed that, for exceptional circumstances, decisions cannot be taken within the above-mentioned period, 10 days may be extended by the head of the executive branch, but the applicant shall be notified in writing and the reasons for the extension. The time to organize investigations, hearings, counselling and tenders, auctions, identifications and expert evaluations is not calculated within the time period of administrative approval. The approval authority shall communicate the required time to the applicant in writing. The executive approval of article 31, which is not an administrative licence, shall be carried out jointly, and the approval authority shall be completed within thirty days and the special situation shall be authorized by the head of the Principality, but the extension shall not exceed 15 days. Article 32 Applications of non-application shall be submitted to the applicant in a written response to a decision not to be permitted within a specified period of time, while setting out the grounds for non-application and the basis on which the approval is not granted. Article XIII requires the approval authority to record matters that need to be identified during the review process and to file the record. Chapter IV In addition to the provisions of the law, administrative regulations, the approval and supervision of administrative licences shall not collect any expenses, including the form, information, advice, etc., nor shall the collection of mortgages, bonds and any expenses other than the licence fees. The executive approval for the implementation and supervision of non-administrative licences shall not be charged in principle, except as otherwise provided by the Provincial Government. Article XV establishes the criteria for administrative approval of fees, which should be fully investigated and widely sought from the relevant sectors and the public. Healing should be held on a wide range of administrative approval charges. Article XVI imposes the costs charged by administrative approval and must not be kept in any form in accordance with the principle of payment of income and expenditure, in all collateral or financial pools. Without legal, administrative and other relevant provisions, the approval authority shall not authorize or entrust other agencies with the payment of administrative approval costs. Chapter V In addition to the State secret, commercial secret or personal privacy, the implementation and results of all administrative approvals must be made publicly available by the approval body to the society and the public information that is open to society should be timely, comprehensive, real and accurate. Approval bodies should share information on administrative approval and improve the effectiveness of the conduct. Article 338 should be made publicly available, including: (i) The functions of the executive branch and the administrative approval provisions to be adhered to; (ii) A statutory instrument mandated by law by an organization authorized to perform administrative approval; (iii) The name, basis, content, target and conditions for administrative approval; (iv) A limited amount of administrative approval; (v) A directory of all material required by the applicant; (vi) Model text and application options for applications; (vii) Procedures and operating protocols for administrative approval; (viii) The basis for fees and fees for administrative approval; (ix) Terms of office for administrative approval; (x) Administrative approval results; (xi) Reports, complaint modalities for administrative approval; (xii) Oversight system for administrative approval; (xiii) Other public content. The main way in which administrative approval is open is included: (i) A copy of the booklet or request shall be made available to the applicant; (ii) The establishment and open searching of telephones for candidates; (iii) The publication of relevant information at office premises such as the administrative approval window; (iv) Public information through the media; (v) The establishment of a website for access by the applicant; (vi) Other public means provided for in laws, regulations and regulations. Chapter VI Oversight of administrative approval Article 40. The supervisory body at all levels is responsible for the supervision of the administrative approval of the same level of government. The internal inspection body at all levels of government is responsible for the supervision of administrative approval in this sector. Monitoring agencies or institutions at all levels are required to improve the form of oversight, to build and improve administrative approval of electronic inspection systems and to strengthen oversight management. The inspectorate shall be responsible in a timely manner for correcting and prosecuting violations that have been found in the course of administrative clearance. The rule of law institutions at all levels should strengthen the review established by the executive approval and provide a reorientation of violations of the relevant provisions in the implementation of administrative approval and promote the administration of the law. A supervisory system should be established by the superior administrative body of article 40 to strengthen oversight inspections by the executive branch at the lower level for the implementation of administrative approval, and to correct violations in administrative approval. Article 42, the approval body shall be well-established by the internal management oversight system, regulating the administrative approval process, specifying the competence of the internal approval function and the responsibility of the non-compliance with the approval, and to develop observations, approaches, etc. on violations. Other administrative organs are entrusted with executive approval and are responsible for monitoring the administrative approval of the delegated administrative authority. Article 43 assumes responsibility for the management and oversight of the implementation of the administrative approval decisions taken by this sector, and should enhance the inspection and oversight of the implementation of administrative approval decisions and address the problems arising during the implementation process in a timely manner. Article 44 should establish a system for responding to complaints, correspondence, social counselling and administrative approval information dissemination. Approval bodies should be aware of the supervision of the large, political, social groups, the media and the general public, to correct in a timely manner the misconduct in administrative approval and take proactive measures to avoid the occurrence and reduction of damage. Chapter VII Accountability for administrative approval Article 42 responsibilities for administrative approval refer to the administrative and legal responsibilities to be assumed by the approving authority and its staff by deliberately or failing to comply with legal, administrative and other provisions, or by impairing or impairing the legitimate rights and interests of the State, the applicant, the person in question. Article 46 shall carry out their duties in accordance with the law and in accordance with the principle of proportionality, and shall assume the corresponding administrative and legal responsibility in accordance with their respective administrative approval responsibilities. The executive body is entrusted with the administrative and legal responsibility for the consequences of the commission of administrative approval by the administrative organs and its staff, and is entrusted to the executive branch and to assume the corresponding responsibility for its administrative approval. Organizations authorized by law and their staff are subject to the corresponding administrative and legal responsibility for their administrative approval. Article 47 responsibilities for administrative approval are divided into direct responsibilities and direct leadership responsibilities. (i) Directly responsible persons, referred to in article 20 of the scheme, who are not in compliance with or incorrectly responsible for the administrative approval or approval of their specific office or review, and who have a direct role to play in the conduct of administrative approval and the damage caused, shall be subject to the staff of the administrative organs directly responsible. The reviewor adopts the wrong opinion of the licensor, resulting in the occurrence of the misconceptions of administrative approval, and the conduct of the individual is a direct responsibility. The reviewor does not adopt or change the right opinion of the custodian, leading to the occurrence of the misconceptions of administrative approval and the examination of persons directly responsible. The author does not adopt or change the right opinion of the custodian, the reviewer, which has resulted in the misconception of administrative approval and the approval of persons directly responsible. (ii) The direct leadership of the responsible person, referred to in article 20 of this approach, shall be the lead of the executive body responsible for the administrative approval of the direct administration or failure to properly perform its leadership responsibilities. The Executive Approval was determined by a collective study, and the moderator was the direct leader. Article 48 of the Approval Body and its staff are in violation of the provisions, in one of the following cases, being corrected by their superior administrative organs or by an inspectorate, and to provide critical education or organizational treatment to the responsible person concerned; in the event of a serious nature, the administrative disposition of the responsible person is provided by law: (i) Applications for administrative approval in accordance with statutory conditions are inadmissible; (ii) No administrative approval application is provided by law or is not granted for administrative approval; (iii) In the process of receiving, reviewing and deciding on administrative approval, there is no statutory notification obligation to the applicant, the stakeholder; (iv) No one-time notification of the applicant's supplementary, correctional material and related matters; (v) No administrative approval shall be carried out as prescribed; (vi) The public administration of the information, as required; (vii) Approval of the administrative approval that should be withdrawn by the statutory procedure, exceeding the time limit not withdrawn; (viii) The holding of hearings by law without hearing; (ix) Implementation of oversight inspections that impede the normal production of business activities by administrative counterparts; (x) Violations of other provisions should assume the corresponding responsibility. Article 49, in violation of the provisions of article 49, has one of the following cases, been corrected by a superior administrative organ or by an inspection authority, and administrative disposition by the responsible person in accordance with the law; and the transfer of the judiciary to: (i) The establishment of administrative approval in violation of the provisions of the regulations; (ii) Continue the implementation of administrative approvals by the State, the province and the local authorities that have already been repealed; (iii) Excluding the exercise of administrative approval; (iv) Extent to change administrative approval conditions; (v) Administrative approval of applications that do not qualify for application or do not meet administrative approval; (vi) The application for compliance with statutory conditions shall not be subject to administrative approval or shall not be granted the decision within the statutory period; (vii) Execution of administrative approval in violation of procedures; (viii) The decision shall be granted in accordance with the law on the basis of the solicitation, the auction or the merit of the examination, provided that no solicitation, auction or examination is made, or that the award is not based on the solicitation, auction or examination; (ix) To require the applicant to purchase, use the designated products, equipment or receive a reimbursable service; (x) Receive charges or omissions of charges, misappropriation, private subordination and distributive administrative approval; (xi) Other misconduct, negligence and damage to the legitimate rights and interests of the applicant or the person. Article 50 Authors and executive review responsibilities of the investigation must make statements to the investigating authorities and investigators on administrative approval, if any, and have the right to raise the defence. The responsibilities for administrative approval are not consistent with the administrative processing decision and are entitled to submit complaints to the administrative organs or their superior organs that are subject to the decision. Article 50 allows the applicant to obtain administrative approval by illegal means such as fraudulent material, the use of fraudulent means such as false documentation or bribery, and the executive branch shall withdraw the original administrative approval decision. Article 52, the administrative organs entrusted and the organizations authorized by the law, shall establish relevant internal oversight and accountability systems in the light of this approach. Chapter VIII Article 53 applies to the executive organs at all levels of the province, the administrative organs entrusted and authorized organizations and their staff by law. The application of this approach is not applicable to the approval by the administrative organs of personnel, financial, external matters, etc., for other organs or for their direct management units. The duration of administrative approval by the executive organs under this scheme is calculated on the working day without statutory holidays. Article 55, Laws, administrative regulations and the State Department's decision to provide additional provisions for the management of administrative approval. Article 56 of this approach was implemented effective 1 January 2008. |
