Baotou City, The Implementation Of Administrative Licensing Authority To Require

Original Language Title: 包头市实施行政许可监督规定

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(October 19, 2005, baotou city people's Government consideration at the 12th Executive meeting on November 29, 2005, 105th in baotou city people's Government promulgated as of December 31, 2005) Chapter I General provisions article in order to strengthen the implementation of administrative licensing of supervision and management, according to the People's Republic of China on administrative licensing law and other laws and regulations, combined with the city's actual, these provisions are formulated.
    Second, within the administrative area of the city, on the function of administrative license according to the Law Department (hereinafter referred to as administrative permits) to supervise the implementation of administrative licensing, and supervision of the licensee engaged in the activities of administrative license, abide by these provisions.
    Article III to supervise the implementation of administrative licensing, follow the principle of combining administrative supervision and supervision by the society.
    Fourth article on implementation administrative license for supervision, including following type: (a) city and flag County District people Government on belongs the administrative license sector of supervision; (ii) superior Government on subordinate Government of supervision; (three) superior Government work sector on has business guide relationship of subordinate government work sector of supervision; (four) administrative wing door administrative license sector of supervision; (five) Government legal work sector (institutions), according to duties permission on various normative file for review;
    (Vi) administrative licensing sector of the Department of supervision of the implementation of administrative licensing staff; (VII) citizens, legal persons and other organizations as well as media oversight of administration the implementation of administrative licensing.
    Chapter-level supervision fifth of municipal and county people's Government to establish a sound to their work sector and lower level people's Governments to implement the administrative licensing system of supervision and inspection, and incorporated into the target.
    City and County areas supervisory departments or Government legal departments (institutes), within the areas of responsibility on behalf of the people's Governments, their departments and supervise lower-level people's Government, the implementation of administrative licensing.
    Sixth municipal people's Government Department directly to county district people's Government established affiliated departments, establishing the supervision and inspection of the implementation of administrative licensing system and incorporated into the target.
    Higher administrative permits to subordinate administrative licensing departments supervise and inspect the implementation of administrative licensing, should develop a work plan, and their implementation.
    Article seventh higher people's Government departments, on the lower level people's Governments sector problems in the implementation of administrative licensing, and a proposal to their respective Governments and corrective powers. Article eighth lower administrative permits the implementation of administrative licensing, to regularly report to the higher administrative permits.
    Main contents of the report include: (a) the number of administrative licensing items; (b) amount of grant or not grant administrative licensing items; (c) related to the implementation of administrative licensing system and implementation; (d), should be reported.
    Nineth superior administrative licensing sector through the following methods, the junior executive to supervise the situation permits the implementation of administrative licensing: (a) check the liner and tramp, (ii) sampling, (iii) case review (ratings check), and (iv) comment; (e) the administrative review; (vi) the other way around.
    Tenth Article superior administrative license sector on subordinate administrative license sector for supervision, focus check following content: (a) implementation administrative license of program, and subject, and charges standard and charges according to; (ii) implementation administrative license of related system and implementation situation; (three) illegal specified purchase commodity, and accept service,; (four) illegal limit outside commodity or service into this city market,.
    11th higher administrative permits agreed informed criticism, correction and other means, to lower administrative permits the implementation of administrative licensing of the illegal acts to remedy the situation. Chapter III documentation review oversight 12th of municipal and county people's Government Legislative Affairs Department (Agency), the people's Governments at the corresponding level of various types of regulatory documents issued, issued prior to the audit.
    Files of the illegal establishment of an administrative license shall be made shall not issue audit opinions. Municipality to the municipal people's Congress Standing Committee submitted to the local regulations (draft), should be submitted by the municipal Legislative Affairs Department vet before.
    Provisions on the establishment and implementation of an administrative license according to review laws, regulations, and submit a written review.
    13th city government departments and county people's Governments of various types of regulatory documents issued, accepted in accordance with the municipal legal Affairs Department for the record review.
    County District people's Government departments and towns and villages and, neighborhood offices of various types of regulatory documents issued, accepted the people's Governments at the corresponding level in accordance with the Legal Affairs Department (Organization) record review.
    Article 14th brought to the municipal people's Government to consider local laws (draft), establishment of an administrative license, municipal Legislative Affairs Department should consult widely with management counterparts and the views of the relevant departments.
    15th article drew attention to the municipal people's Government municipal government regulations and regulatory documents to business, requires references to the upper law setting administrative license, shall, in accordance with the host computer under the law of administrative licensing name, conditions, procedures, deadlines, complete representation shall not go beyond the upper law provides for additional licensing terms.
    16th article drew attention to the municipal people's Government municipal government regulations and regulatory documents to business, must not restrict other parts of individuals or companies to conduct business in the region and provide services, not restricting the entry of goods from other parts of the market.
    17th municipal and County area Legislative Affairs Department (Agency), raised the record of work of the people's Governments of various types of regulatory documents, found illegal establishment of an administrative license as well as other relevant provisions, shall, within ten working days from the date of filing, and handling in accordance with law, reported the people's Governments at the corresponding level decisions.
    18th city and county people's Government in accordance with their respective responsibilities, to establish and improve various types of normative documents for the record review system, legal work of the Government sector (institutions) implemented.
    The fourth chapter on administrative supervision article 19th city and county administrative departments of the Government of the people, the people's Governments at the corresponding level of the matters of administrative license established presence in central agencies, establish the administrative supervision system, define its functions and powers, perform administrative supervision duties according to law. 20th article city and flag County District people government administrative monitored sector, according to People's Republic of China administrative monitored method of provides, on this level Government work sector and staff illegal implementation administrative license of behavior for monitored, on following illegal implementation administrative license of behavior proposed monitored recommends: (a) violation legal, and regulations and Government of decided, and command, should be corrected of; (ii) this level Government belongs sector and subordinate Government made of decided violation legal, and regulations or national policy,
    Should be corrected or withdrawn, (iii) damage caused to the interests of the State, collectives and citizens, remedial measures need to be taken and (iv) other recommendation of supervision.
    21st of municipal and administrative supervision of County District people's Government departments the implementation of administrative licensing sector administrative permission checks, should develop a screening programme, and in accordance with the procedures laid down in law implementation.
    22nd of municipal and County District people's Government administrative supervision departments of the implementation of administrative Licensing Department staff illegal acts of an administrative license in the investigation.
    23rd of municipal and county administrative departments of the Government of the people to the public calls to receive people's complaints against violation of administrative departments the implementation of administrative licensing and reporting.
    To people's complaints, reports, verified, and make a decision within five working days of the date, a written reply to the complainants.
    The fifth chapter article 24th of supervision and inspection city and county people's Government departments, within the scope of their respective duties, shall licensee engaged in the matters of administrative license established activities of conducting supervision and inspection work. Administrative permission from 25th according to law, within six months from the date of approval, approval authority to the licensee to engage in matters under administrative license verification activity, and record the verification results.
    Otherwise provided by laws and regulations, in accordance with its provisions.
    Verification of licensee engaged in the activities of administrative license, forged materials to Licensee obtaining administrative permits, are beyond the scope of activities, whether to comply with a statutory licensing obligations for the main content.
    Licensee contravenes the provisions of the second paragraph of this section, be dealt with according to law.
    Article 26th approved administrative licensing sector, should strengthen the licensee engaged in the activities of the administrative licensing items daily supervision and inspection to protect the licensee continues to meet an administrative license shall meet the conditions.
    27th a licensee is engaged in the supervision and inspection of administrative licensing matters concerning activity, in accordance with the following requirements: (a) develop a supervision plan; (b) explicitly check the scope, content, procedures, methods, procedures, (iii) establishing check file.
    The licensee is engaged in monitoring of administrative licensing examination and case investigation results should be announced to the public through Government Web sites or otherwise.
    28th build administrative license for licensee reporting system of supervision and inspection of the activities, supervision and inspection of specific content, comply with the statutory obligations of the licensee, problems, measures to correct violations committed through Internet systems inform the relevant Department.
    29th administrative law enforcement personnel shall exercise supervision over and inspection of the licensee shall be without prejudice to normal production and operation activities of the licensee shall not solicit or accept a licensee's property shall not be illegitimate interests.
    Administrative law enforcement personnel to exercise supervision over and inspection of the licensee, and licensee shall not be obstructed.
    30th of municipal and County District people's Government departments, within the terms of reference, to directly related to public safety, personal health, life and property safety of equipment number, type of facility, should be inventoried and organized inspection bodies periodic inspection and testing. The sixth chapter subject to public supervision

    31st of municipal and county people's Government departments announced in accordance with the relevant provisions of the administrative licensing of name, conditions, procedures, time limits, as well as of the outcome, subject to public supervision.
    32nd of municipal and county people's Government departments through leadership of open houses, style Council, social supervisors, held seminars in schools, to solicit views from various sectors of society, such as forms, accept supervision by the community for the implementation of administrative licensing in this sector.
    Article 33rd municipal and County departments specialized, district people's Government or designate, is responsible for reporting the content of survey, verification, processing and response.
    Admissibility report, shall be made within five working days from the date of the decision, replied to the results of an informer.
    34th of municipal and county people's Government departments should report on a regular basis telephone, reflects statistical analysis of letters and calls, mastering the problems in the sector in the implementation of the administrative licensing process, and take the appropriate measures to remedy.
                                                                                                                    35th article of the regulations come into force on December 31, 2005.