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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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(Summit 12th ordinary meeting of the Government of the People's Republic of 19 October 2005 to consider the adoption of Decree No. 105 of 29 November 2005 No. 105 of the People's Government Order No. 105 of 29 November 2005 on 31 December 2005)

Chapter I General
In order to strengthen the monitoring and management of administrative licences, this provision is based on laws, regulations and regulations such as the National People's Republic of China's Administrative Accreditation Act.
Article II oversees the conduct of administrative licences by the authorities of the administrative licence function under the law (hereinafter referred to as the administrative licensor) and oversees the licensee in the administrative licence activities and complies with this provision.
Article 3 oversees the implementation of administrative licences and is guided by the principle of combining administrative oversight with social oversight.
Article IV oversees the implementation of administrative licences, including the following types:
(i) The Government of the people of the city and flag areas oversees the respective administrative licence sectors;
(ii) The supervision of the Government of the superior people;
(iii) The supervision of the work sector of the Government of the High-level People with operational guidance;
(iv) Oversight by the administrative inspectorate of the administrative licence sector;
(v) The rule of law sector (institutional) of the Government, which reviews the various normative documents in accordance with the mandate;
(vi) Oversight by the administrative licence sector of staff performing administrative licences in this sector;
(vii) The supervision of the executive branch by citizens, legal persons and other organizations and the media.
Chapter II
Article 5
The municipal and flag districts inspectorate or the Government's rule of law sector (institutional), representing the current people's government within the framework of their duties, oversees the executive licence of the respective work sector and the lower-level people's Government.
Article 6
The supervisory inspection by the superior administrative licensor sector of the application of administrative licences by the lower administrative licensor should be developed and implemented.
Article 7. The executive authorities of the Government of the High-level People's Government to implement the issue of administrative authorizations for the relevant branches of the Government of the lower-level people, have the power to rectify them.
Article 8 The main elements of the report include:
(i) Number of administrative licence matters;
(ii) Number of granting or granting administrative licences;
(iii) Construction and implementation of the administrative licence-related system;
(iv) Other reports should be reported.
The superior administrative licensor of Article 9 may monitor the application of administrative licences in the sub-administrative licensor sector by:
(i) Regular and non-regular inspections;
(ii) A sample inspection;
(iii) Case evaluation (assessment);
(iv) Review of work;
(v) Administrative review;
(vi) Other ways.
The supervisory of the sub-administered administrative licensor sector is focused on the following:
(i) Procedures, subjects, fees standards and fees for the implementation of administrative licences;
(ii) Implementation of the relevant regime of administrative licences and their implementation;
(iii) The illicit designation of the purchase of commodities, acceptance services, etc.;
(iv) Illegal restrictions on access to markets for goods or services outside the city.
The Article 11 above-level administrative licensor sector has been corrected by means of notification of criticism and order change.
Chapter III Oversight of documentation
Article 12 A non-produced audit opinion should be submitted for documents that illegally establish administrative licences.
The Government of the city has sent local sexual legislation (draft) to the Standing Committee of the Municipalities, which should be reviewed by the authorities of the city before being sent. The provision for the creation and implementation of administrative licences is reviewed in accordance with the law, legislation and written review.
Article 13 governs the various normative documents issued by the Government's work sector and the People's Government of the flag District, which are subject to review by the authorities of the city.
In accordance with this provision, the various normative documents issued by the People's Government in the flag district and the town of Suhwood, the street offices are subject to review by the Government's rule of law sector (institutional).
Article 14. The local legislation to be considered by the Government of the city (releaded copies) provides for administrative licences, and the rule of law of the city's Government should be widely consulted on the views of the relative and relevant sectors.
Article 15 refers to municipal government regulations and various normative documents issued by the Government of the city, which require the creation of administrative licences under the relevant superior law, and shall be subject to the full formulation of administrative licensor names, conditions, procedures, time limits, etc. under the above-mentioned law, and shall not go beyond the provision of additional licences.
Article 16 brings to the municipal government regulations and various normative documents issued by the city's Government, and does not limit the participation of individuals or businesses in other regions in the production and delivery of services, without limiting the entry of commodities from other regions into the region's markets.
Article 17: The rule of law sector (institutional) of the people's government in the city and flag areas, and the various normative documents that have been submitted in the work sector of the people at the current level, finding that administrative licences are in conflict with other relevant provisions, shall be taken into account by law within ten working days of the date of the submission and shall be reported to the Government of the current people.
In accordance with their respective responsibilities, the Governments of the urban and flag districts have established and refined the various normative documentation-reviewing systems, which are specifically implemented by the Government's rule of law sector (institutional).
Chapter IV Administrative inspection
Article 19, Administrative Monitoring Unit of the People's Government, established by the Government of the Beneficiaries, focuses on administrative licensor matters established by the Government of the people at this level, establishing an administrative inspection system, specifying the terms of reference of its work and performing administrative oversight duties in accordance with the law.
Article 20, Administrative Inspectorate of the People's Government of the City and the flag District, monitors the conduct of administrative licences in violation of the laws of the People's Republic of China under the Administrative Monitoring Act of the People's Republic of China and their staff, and makes recommendations for inspection of the following violations of administrative permits:
(i) Violations of laws, regulations and decisions and orders of the people's Government should be corrected;
(ii) The decisions taken by the Government of the people and the Government of the lower-level people in violation of laws, regulations or national policies, which should be corrected or withdrawn;
(iii) Damage to national, collective and civil interests and remedial measures;
(iv) Other needs to submit inspection recommendations.
Article 21 Inspections of the executive supervision of the Government of the communes of the city and the flag district shall establish a inspection programme and be carried out in accordance with the procedures established by law.
Article 2
Article 23, Administrative Inspectorate of the People's Government of the city and the flag District, has made a public release of the telephones to society to receive complaints, reports from the population on the enforcement of administrative licences in violation of the administrative authority.
Complaints and reports of the masses of the people are valid, and the perpetrators are written off for five working days from the date of the decision.
Oversight inspection
Article 24 and the People's Government in the communes should, within their respective responsibilities, establish a system for monitoring the activities of licensees in administrative licence matters.
Article 25 provides for administrative licences authorized by law and, within six months of the date of ratification, the approval authority shall verify the activities of the licensee in administrative licence matters and record the verification results. The law, legislation and regulations provide otherwise in accordance with their provisions.
The verification of the licensee's involvement in administrative licence activities is central to whether the licensor is to defy the material from the administrative licence, whether it transcends the scope of the licence, and whether the fulfilment of the statutory licence obligation is essential.
The licensee is treated by law in violation of article 2, paragraph 2.
Article 26 authorizes the administrative licence sector, which should be strengthened in order to enhance the day-to-day monitoring and inspection of the licensee's activities in administrative licence matters, and to ensure that the licensee is in a continuous manner in accordance with the conditions to be met.
Article 27 inspection of the licensee's activities in administrative licence matters, as required:
(i) Develop monitoring inspection plans;
(ii) Clear scope, content, procedures, methods, steps;
(iii) Establishment of inspection files.
The results of the inspection of the licensee's participation in administrative licence activities and the results of the case-by-case inspection should be made available to society through the Government website or other means.
Article 28 builds a system of monitoring inspections of licensees in administrative licence activities, informs the relevant sectors through the Internet system of specific elements of oversight inspections, compliance by the licensee with the statutory obligations, problems and corrective measures.
Article 29 imposes oversight inspections by administrative law enforcement officials against the licensee and shall not impede the normal production operation of the licensee, shall not seek or receive the property of the licensee and shall not unlawfully gain other interests.
Administrative law enforcement officials shall not obstruct the licensee's inspection.
Within the framework of the responsibilities of the Government of the People's Government of the city and the flag districts, important equipment, types of facilities, quantity and number should be registered for direct public safety, personal health, life and property security, as well as for the organization of regular testing and testing bodies.
Chapter VI
Article 31
The Government's work sector in the municipality and the flag district is subject to the supervision of the various communities of society in implementing administrative licences in this sector by leading the reception day, ventilation, hiring social monitors, organizing colloquiums, seeking advice from all sectors of society.
Article XIII defines a specialized agency or a designated person in the work of the Government of the city and the flag districts to investigate, verify, process and respond to the reporting content.
The reports received shall be processed within five working days of the date of the decision to be taken.
The Government's work sector in the communes and flags should conduct regular statistical analysis of the matters reflected in the reports of telephones, letters of visitories and take the problems in the implementation of administrative licences in the sector and take appropriate measures.
Article 33 XV provides for implementation effective 31 December 2005.