Interim Provisions On The Implementation Of Administrative License Procedure In Gansu Province

Original Language Title: 甘肃省实施行政许可程序暂行规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(April 27, 2006 Standing Committee of the Gansu Provincial people's Government, the 83rd review on May 15, 2006, released 29th of Gansu province as of the date of promulgation) first in order to regulate the implementation of administrative licensing procedures, improve the efficiency of administrative license, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law), combined with the facts of the province, these provisions are formulated.
    Article on the implementation of administrative Licensing application of this requirement in the administrative region of this province.
    Take its decision on the administrative license through bidding, auction and specific procedures, in accordance with the provisions of the relevant laws, rules and regulations.
    Article III the implementation of administrative licensing shall be in accordance with legal procedures, follow the principle of openness, fairness, impartiality, and convenience.
    Fourth people's Governments above the county level and their departments should establish and perfect the Administration licence supervision system and strengthen the supervision and inspection of the implementation of administrative licensing procedures of the Executive, and correct violations in the implementation of administrative licensing in a timely manner.
    Fifth article of the provincial administrative organs at all levels the implementation of administrative licensing, except State secrets, business secrets or personal privacy is involved, but should be about administrative licensing matters, quantity, basis, conditions, procedures, deadlines and the need to submit a list of all materials in the Office sites, government sites, and open Government be publicized the public bar.
    Sixth administrative licensing the applicant or their authorized agent to the Executive Office for administrative license, the administrative organ shall be required to grant an administrative license to an application format text, sample text.
    Application format text, sample text should be concise, easy to understand, by national or provincial authorities under the harmonized text.
    Article apply in administrative license applicants by e-mail or any other means, will the executive authorities should be dealt with in light of the circumstances: (a) or required the applicant to the executive authorities in accordance with Law Office application, the administrative organ shall, from the date of receipt of the application within the 2nd applicant to the Office administrative Licensing application on site.
    (B) the application materials are complete and comply with the statutory format, the administrative organ shall accept.
    (C) the application materials are incomplete or do not comply with the statutory format, the executive authorities shall at once inform the applicant within the 5th supplement.
    Article eighth more than within the administrative license of executive agencies, the executive authorities should identify 1 uniformly accept administrative licensing applications.
    Nineth administrative license according to law should be implemented by two or more departments, the people's Governments at the corresponding level practical, you can organize the relevant departments to unified management, joint management, or handling.
    Organize relevant departments to handle, 1 uniformly accept administrative licensing applications should be identified, brought in by the Department, to the relevant Department views through the integration, application materials from the relevant Department shall not require an applicant to repeat. Organize relevant departments to jointly financed, should identify 1 sponsor, sponsor shall advise the applicant to the Department for administrative license all materials required, and coordinates the work of related departments.
    Need on-site verification by law, by the sponsoring departments organize relevant departments to verify.
    Organizations dealt with by the departments concerned, the people's Government above the county level should set unified administrative Licensing Office, "one-stop" process.
    Article tenth uniform handling of Minister responsible for processing and delivery of administrative authorities shall accept administrative licensing applications within 5th of, applications and related materials transmitted through the integration of relevant administrative organs; relevant administrative organs shall receive applications for administrative license and related materials within 10th of proposed audit opinion, the executive authorities to accept.
    11th the implementation of administrative licensing law should be hearing or administrative hearings it deems it necessary, shall notify the interested party enjoys rights of hearing, hearing an application made within the prescribed time, will the executive authorities shall organize the hearing.
    12th article applicants submitted of application material complete, and meet statutory form of, administrative organ should spot made administrative license decided, but has following case one of of except: (a) on application material of real content need for verification of; (ii) application matters involved other administrative organ duties and third people interests of; (three) need according to exam, and assessment, and review, and assessment or identification of results made administrative license decided of; (four) legal, and regulations provides cannot spot made administrative license decided of other situation.
    13th administrative organs in accordance with the needs of the application materials in situ verification of the substance, verifiable content, shall inform the applicant of the time. Inspectors check, should take the initiative to produce a certificate of administrative law enforcement, and inform the applicant of the rights and obligations.
    The verification results shall make verification records records or crime scene investigation and verification conclusion. 14th administrative organs according to law to hold national examinations, administrative licensing decisions under examination results, examination results within 20th of issuance, certificate of administrative license.
    Cannot be issued or delivered in the 20th, and approved by the Department head, extension of the 10th, and make an announcement, extending to a maximum of 1.
    Administrative organs in accordance with the applicant's professional structure, technical specifications, performance and management and evaluation results to make decision on the administrative license shall, in accordance with the administrative licensing law article 42nd term decision. 15th administrative organ under inspection, inspection and quarantine to licensing the results of, testing, inspection, and quarantine, technical specifications of the technical standards should be public.
    Lawful presence of the applicant, it shall notify the applicant present.
    16th approving an administrative license is made by the administrative authority decided that the need to issue certificates for administrative license or labelling, stamped with the seal of the testing, inspection, and quarantine, shall take a decision on the administrative license within 10th of the applicants will be issued, service certificates for administrative license, or labelling, stamped with the seal of the testing, inspection, and quarantine. Article 17th among administrative licensing decisions are made on the spot, and decisions whether or not to grant an administrative license, the administrative organs shall take a decision within 10th of, in accordance with the law, licensing the applicant. Decision to grant administrative licensing shall serve an administrative licensing decision, the certificate of administrative license.
    No administrative licensing shall serve no administrative permission the written decision, and explain the reasons.
    Applicants and the administrative organs to service and terms otherwise agreed or the executive authorities have promised, the executive authorities shall, in accordance with the contract or commitment and terms served on.
    18th administrative organs shall decide an administrative license is made, it should be in his Office, the Government site and Chief publicly bar be publicized for public inspection.
    Laws, rules, regulations stipulate that the licensing decision should copy to the relevant administrative organs, decisions of the administrative organ shall promptly a copy of relevant administrative organs.
    Article 19th administrative license applicants to hide relevant information or provides false information to apply for administrative licensing, and is directly related to public safety, personal health, safety of life and property, the applicant may not apply again in 1 year the administrative licensing, and establishing the applicant's poor record for the relevant authority for reference. Article 20th licensee changes of administrative licensing items shall apply to the executive authorities of the decision on the administrative license. Change requests can refer to the application form of administrative license.
    Contents of the application shall include the reason for change request, change, and provided with applications for change of the material. The administrative organs shall, in accordance with the administrative licensing law and the relevant provisions of these regulations on applications for review of administrative permission and review change requests against the licensee.
    Meet the statutory requirements, the administrative organ shall go through the procedures of alteration according to law; do not meet the statutory requirements, it shall make a written decision of no change, and explain the reasons.
    Article 21st licensee needs to extend validity of administrative license lawfully obtained, shall, in accordance with the administrative licensing law and other laws, rules, regulations procedures apply. The administrative organs shall, in accordance with the administrative licensing law and the relevant provisions of these regulations on applications for review of administrative permission and review the licensee's renewal application and make a decision on whether to approve the extension. Meet the statutory requirements, the executive authorities should approve the extension formalities.
    Executive decision isn't renewed, shall inform the applicant in writing and state the reasons.
    The Executive fails to make a decision, the law considered to approve the extension, the administrative organ shall promptly approve the extension of the cashout process. 22nd licensee is not in the proposed renewal application before the expiry of administrative license, the administrative license expires after natural expiration.
    The licensee needs to continue to engage in the activities of the administrative licensing items, new applications for administrative license shall be. Article 23rd according to national law and the public interest need, the administrative organ intends to change or withdraw the entry into force of the administrative licensing shall first inform the licensee in writing and state the reasons and inform the licensee's statement of the law, right to be heard.
    Licensee requirements statement and defence, the administrative organ shall listen, good statement and notes, if necessary, the administrative organ may hold a hearing.
    24th the administrative organ decide not to grant an administrative license, or not to change, extend administrative license as well as trespass, of withdrawal of an administrative license, shall inform in writing the applicant apply for administrative reconsideration or the right to bring administrative proceedings.
    25th article in violation of the provisions of the Executive the implementation of administrative licensing, by a parent or a supervisory unit in accordance with the administrative licensing law, Gansu province, and the fault responsibility investigation of administrative licensing provisions of the provisional measures be investigated for responsibility; caused damage to the legitimate rights and interests of the parties, shall, in accordance with the State compensation law provides for compensation.
                                                                        26th article of the regulations come into force on the date of promulgation.