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Hunan Province, Supervision And Inspection Of Administrative Licensing Provisions

Original Language Title: 湖南省行政许可监督检查规定

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(Adopted at the 102th ordinary meeting of the Government of the Southern Province, on 28 March 2007, No. 211 of the Order of the People's Government of the Southern Province of Lake Lakes, which was issued effective 1 June 2007)

Chapter I General
In order to strengthen oversight inspections of administrative permits, to correct in a timely manner violations of administrative licences, to protect the legitimate rights and interests of citizens, legal persons and other organizations, to maintain public interest and social order, and to develop this provision in line with the National People's Republic of China's administrative licence laws and other relevant legislation.
Article 2. This provision applies to the supervision of the administrative authorities in the territorial administration regarding the application of administrative licences by the executive branch, as well as the supervision of the executive licensing authority for civil, legal or other organizations involved in administrative licence activities.
This provision is applied by law, legislation authorizing the organization of administrative licences and by the administrative organs entrusted with administrative authorization.
Article 3 implements the principle of a combination of administrative licence supervision, integrity, supervision and self-regulation.
The implementation and supervision of administrative licences should be made public by law.
Article IV. The Government of the people at the district level should establish a monitoring system for the enforcement of administrative licences by the executive branch and strengthen the supervision of administrative authorities.
More than the people at the district level and the rule of law institutions in its work sector are responsible for the supervision of administrative licences within the current administration or in the sector, the system.
The inspection authority oversees administrative licences in accordance with the People's Republic of China's Monitoring Act and other relevant laws and regulations.
The sectors such as audit, finance, prices are competent to monitor administrative licences within their statutory mandates.
Article 5
Article 6
Article 7. The executive organs shall be subject to the supervision of the General Assembly and its Standing Committees, the supervision of the Civil Affairs Cooperation and the various democratic parties, the supervision of the judiciary and the supervision of social opinion.
Chapter II Oversight inspection of administrative licences
Article 8 oversees the application of administrative licences to administrative organs, including:
(i) Whether the executive authority has legal qualifications and whether its staff have administrative law enforcement qualifications;
(ii) The administrative licence that is carried out cannot be determined and whether the administrative licence is granted;
(iii) The admissibility, review, decision and duration of the application for administrative licences are in accordance with the statutory procedures;
(iv) Whether hearings, tenders, auctions, examinations, tests, testing, quarantine and expert evaluation are conducted in accordance with the law;
(v) Changes in administrative licences, continuation, withdrawal, withdrawal and write-off are in accordance with the statutory conditions;
(vi) The lawfulness of collection, management and use of administrative licence costs;
(vii) Whether the executive authority performs oversight duties with respect to the activities of citizens, legal persons or other organizations in administrative licence matters;
(viii) The establishment of an administrative licence regime by an administrative licence enforcement authority;
(ix) Other violations of the provisions of the National People's Republic of China's administrative licence law.
Article 9
The executive licensor shall, in a timely manner, review the additional, cancelled or adjusted administrative licence projects under the law, as well as the relevant information regarding the preparation of the proceedings by the Government's rule of law.
Article 10. The principal qualifications of the executive licensor shall be communicated to the society after the confirmation of the law by the authorities of the people at the district level.
The administrative organs entrusted with implementing administrative licences must be in accordance with the statutory conditions and may not be entrusted with administrative licences by other organizations or individuals.
Staff engaged in administrative permits must obtain administrative law enforcement documents that are in line with the provisions of the Provincial Government.
Article 11. The authorities of the Government of the Territory, the inspectorate shall conduct regular, integrated inspections or thematic inspections of the executive licensor's executive authority; conduct, joint processing, centralization of administrative licence sites and hearings, tenders, auctions, examinations, testing, quarantine and expert evaluation activities for administrative licences.
Article 12 Civil, legal and other organizations may report to their current people's authorities, inspection bodies and superior administrative bodies the offences committed in administrative permits by the executive branch and its staff.
More than the people at the district level should receive reports from citizens, legal persons and other organizations through the establishment of boxes, the establishment of websites and the publication of telephones.
The executive organs that receive the report should organize verification or entrust the relevant departments with verification, respond to reports from citizens, legal persons and other organizations and confidential the reportingers.
Article 13
The Provincial Government's rule-of-law institutions should conduct a summary of evaluation recommendations or observations, and study the administrative licence to be cancelled and adjusted by the evaluation should be reported to the establishment of an administrative licence or to the Government of the province in accordance with the statutory procedures.
Article 14
The relevant units should be reported to the rule of law institutions that have sent letters of credit within 30 days of receipt of the letter of administrative law enforcement oversight. The Government's rule of law bodies are not required to reproduce the decision of the Government of the current people to rescind, modify or impose administrative authorizations, and to produce the Administrative Enforcement Supervisory Decision.
Upon receipt of the Administrative Law Enforcement Regulatory Decisions, implementation should be carried out immediately and reported to organs or rule of law agencies that have made administrative enforcement oversight decisions within 30 working days.
Article 15. The dispute between the executive licensor and the executive branch shall be resolved in consultation; the consultations are not structured in accordance with the law of the State's rule of law; and the coordination of the treatment of non-delivery; and the reporting of the common top-level people's government to be treated in accordance with the law.
Article 16 of the law, audit, financial and price of the people at the district level found that the relevant units and responsibilities were in violation of the law in the administrative licence supervision and should be briefed promptly by the inspectorate and can make administrative recommendations in accordance with the law.
In the administrative licence supervision, the authorities of the above-ranking people have identified the need for revocation, change or accountability to re-establish administrative licence decisions, which should be briefed on the Government's rule of law bodies in a timely manner and submitted to the Government's rule of law bodies for their comments.
The inspectorate found that the relevant units and staff were in violation of the provisions of the National People's Republic of China's Administrative Accreditation Act, which should be subject to legal responsibility or a inspection recommendation to withdraw the administrative licence decision; and that administrative action should be taken in accordance with the law.
Chapter III Oversight inspection of activities in administrative licence matters
Article 17 The executive licensor shall establish a system for monitoring inspections and, within its statutory mandate, conduct oversight inspections of the conduct of administrative licence activities by citizens, legal persons or other organizations.
The organ entrusted with the enforcement of administrative licences by law shall cooperate with the supervision of the commissioning authority in the conduct of administrative licence activities involving citizens, legal persons or other organizations within the scope of the commission.
Article 18 The administrative licensor's supervision of activities involving citizens, legal persons or other organizations in administrative licence matters shall not be charged in violation of the cost of collection or other benefits.
Article 19 The executive licensor's supervision of the activities of citizens, legal persons or other organizations in administrative licence matters by law may take written verification and field inspections. The verification of the material could achieve the purpose of monitoring management and should be carried out in writing.
Article 20 requires field inspections in accordance with the law, regulations, regulations and regulations, to the following places and matters:
(i) The need for inspection of production operators on the ground;
(ii) The need for sampling inspection, testing, testing, quarantine products, commodities;
(iii) Significant equipment, facilities requiring regular testing;
(iv) Development of natural resources or use of public resource sites;
(v) Laws, regulations and regulations stipulate other places and matters to be inspected on the ground.
Article 21 imposes field inspections by the executive licensor and should assign more than two staff members. Staff members should present administrative law enforcement documents provided for in the Southern Province or under laws, administrative regulations and letters of inspection to the inspector. Inspections on the ground should be produced.
Article 22, the executive licensor conducts a sample of inspections, tests, tests, and quarantine under the law, and the results of the sample inspection, testing, testing and quarantine should be recorded in the case, giving the results feedback to the inspector and made available to society in due form. The examination by the inspector against the results of the sample inspection, testing, detection and quarantine should be reviewed in accordance with the relevant provisions.
The number of samples checking, testing, quantification and quarantine samplings should not exceed reasonable needs, and the results determine that the samples to be returned should be returned in a timely manner.
Article 23. Important equipment, facilities and facilities that directly relate to public safety, hygiene, life and property security, and administrative licensors should conduct regular inspections in accordance with legal, administrative regulations.
Upon inspection, there is a security cover that the executive licensor should be responsible for halting the construction, installation and use of the construction, construction, installation and use of the units to immediately eliminate the concealment.
Article 24 monitors inspections and treatments of activities involving civil, legal or other organizations in administrative licence matters, which are filed after the supervision of the inspector's signature and promptly communicated to the inspector in writing, and the need to be signed by the inspector in a copy of the record to be signed by the inspector.
Monitoring of inspection and processing results should be made available to the public, in addition to national secrets, commercial secrets or personal privacy. The reasons should be given for the non-public record of law.
Article 25
The executive licensor shall be confidential.
Article 26 Complaints, reports of individuals or organizations, and administrative licensors shall be registered and promptly verified and processed by law. The outcome must be communicated to the complainant and the author.
Complaints, reportingers' requests for registration should be permitted.
In accordance with article 63/4 of the National People's Republic of China's Administrative Accreditation Act, the administrative licensor shall establish a system of notification of the offence committed by the licensee. Where conditions exist, the computer system between the relevant administrative bodies in different administrative regions should be mutually reinforcing and effective oversight management.
Article 28 provides essential equipment, facilities and other important production facilities that directly relate to public safety, hygiene, life and property security, and the administration should promote the design, construction, installation, use or other productive units to establish a corresponding self-assessment system to prevent and reduce safety hidden.
The self-assessment system for the design, construction, installation, use and other production units should be made available to the relevant administrative bodies in a timely manner, and the relevant administrative bodies conduct inspections and guidance on the implementation of the self-assessment system.
Article 29 Staff of the administrative licensor shall be entitled to access or request to the inspector to submit the material in accordance with the law for the supervision of the inspection duties.
Article 33 The executive licensor found that the licensee had a violation in the supervision of the examination and should be treated in accordance with the National People's Republic of China's Administrative Accreditation Act and other relevant laws, regulations and regulations.
Civil, legal or other organizations may apply for administrative review or administrative proceedings in accordance with the law.
Article 31, in the supervision of the inspection, found that the licensee had one of the cases under article 76 of the People's Republic of China Administrative Accreditation Act, and that the write-off procedure for the administrative licence should be governed by law.
Chapter IV Legal responsibility
Article 32 creates or implements administrative permits in violation of the relevant provisions of the National People's Republic of China's Administrative Accreditation Act.
Article 33, the executive licensor and its staff have refused to implement the administrative licence inspection system, which is being restructured by the rule of law, the inspection body or the superior administrative body responsible for the administration of justice at the district level; the imprecise of the delay; and, in serious circumstances, the administrative disposition by the competent organ competent to direct responsibility and other direct responsibilities.
Article 34 of the Statute of Administrative Accreditation Supervision and its staff have been given administrative treatment under the law, which constitutes an offence and criminal responsibility under the law.
Chapter V
Article 33, supervision of non-administrative licensing administrations, is implemented in accordance with this provision.
Article 36