Key Benefits:
(Adopted by the 49th Standing Committee of the People's Government of the Challenge on 11 April 2006 No. 87 of 21 April 2006 on the occasion of the inauguration of the Government Order No. 87 of 21 April 2006 on 1 June 2006) Article 1 facilitates the implementation of the National People's Republic of China's administrative licence law (hereinafter referred to as the administrative licence law), in accordance with the relevant laws, regulations and regulations, and establishes this provision in the light of the actual provisions of this city. Article 2 The provisions of this provision apply to the executive organs of the organization that is mandated by law, legislation and regulations to administer the functions of public affairs. Article 3. The legitimate rights and interests of citizens, legal persons or other organizations are undermined by the application of administrative licences by the executive branch in violation of the law and are entitled to claim compensation in accordance with the law. Article IV refers to draft legislation to be submitted for consideration by the Government of the city to establish administrative licences, which should be heard in a way that is heard, validated or made public by society, and to the Government of the city to clarify the situation of the views heard and adopted and the basis for the establishment of the administrative licence, the necessaryness, the economic and social implications. The Municipal Government considers it necessary to hold hearings and to organize hearings in the municipal rule of law sector. Article 5 Laws, administrative regulations or the State Department determines, local legislation or economic legislation, regulations of the provincial people's government, which do not provide for administrative authorizations, conditions, procedures, deadlines, etc. or provisions that are not clear, and the executive organs concerned believe that they need to be provided or made clear, should be brought to the provisions of the city's people. Article 6. The executive authority of the administrative licence shall make the name of the organ, the matter of the application of administrative licences, and the matter of drawing to the same-ranking people's Government. The executive authority shall, within 30 days of the date of entry into force of the administrative licence, make the name of the organ, the matter of the application of administrative licences and the publication of them to the same level of people. Article 7. The executive body, in accordance with the laws, regulations, regulations, authorizes other administrative organs to carry out administrative licences, shall enter into an administrative licence commission. Article 8. The executive body may entrust other executive organs with the approval of administrative licences for the benefit of the applicant. The commissioning authority shall enter into a letter of entrustment for the admissibility of administrative licences. Other organizations or individuals may not be delegated by the competent organ to apply for administrative licences and to bring them to administrative licence decisions. The commissioning body should oversee the conduct of the commissioning of the commissioning matter and assume legal responsibility for the consequences of the act. The competent organ shall, on behalf of the competent organ, give the applicant a written certificate of receipt or inadmissibility of an application for administrative licence and shall be responsible for the transfer of the admissible application material to the commissioning authority for review decisions within the time determined by the entrusting authority; and, upon the decision of the administrative licence, the competent organ shall be responsible for the transfer of administrative licence decisions to the applicant within the time determined by the commission. Article 9. The Applicability of Administrative Accreditation, the Institution of the Applicability of Administrative Accreditation shall contain the name, address, contact, specific matters entrusted, the duration of the commission and the legal responsibility of the entrusted organ. The book should be published by the commissioning body, the office of the delegated authority, and through the publication of the public-issued press or mass media. Article 10. The executive body, in accordance with Article 7, Article 8, shall exercise the administrative licence to which the applicant submits an administrative licence request directly to the competent organ, entrusts the organ with the receipt and processing of the request. Article 11. The executive branch shall apply administrative licences and shall determine whether an internal body is in charge of the application for administrative licence and shall be sent to administrative licence decisions. The institution should be displayed on its office or on the public information website of the organ. Article 12 Article 13 imposes administrative licences by administrative authorities and shall create conditions and facilitate the application of applications by administrative licensor applicants, including letters, telegraphs, fax, e-data exchange and e-mail. The administrative licence application was submitted through a letter, a cable method whereby the administrative authority signed the letter and the time of the request was received. The administrative licence application is submitted through the electrocs and facsimile manner, which contains the transmission of the content of the application, the time taken for the transfer of electronic equipment to the administrative authority for the receipt of the application. The administrative licence application is submitted through electronic data exchange, e-mail, and the electronic data or e-mail enters the accepted system designated by the administrative body for the time to receive the application. Article 14. The executive organs shall apply administrative licences and shall make public information on the following matters at their office or at the public information site of the organ, and shall also facilitate the timely and accurate public access through, inter alia, the publication of the executive information or the mass media: (i) Names, conditions, procedures, duration of processing and all material requirements submitted; (ii) The relevant laws, regulations, regulations; (iii) The manner in which the application is submitted; (iv) A model version of the application. The number of administrative licences is limited and should be disclosed and approved. The application for administrative licences should be made by the applicant to the office of the executive branch and should be made public at the same time. The text of the application form needs to be used and should be made available together. Article 15. The administrative licensor requests the executive branch to clarify and interpret its content, and the staff of the executive organs should make clarifications, explanations and provide accurate and reliable information. In the opinion of the applicant, a statement by the executive branch and a misinterpretation may be made in writing by the executive branch; the administrative organ should provide a written statement and explanation that would not conceal the information. Article 16 provides the Executive licensor with the text of the application form of administrative licence to the licensor (including tables, etc.) without charge of any expenses such as work expenses, information fees, etc.; and, through the public information website of the organ, the applicant shall be allowed free download. The applicant shall not limit the application of the text of the application of the form of administrative licence applications (including forms, etc.) that have been made use of photocopy or downloaded from the public information website of the executive branch. Article 17 The applicant shall, in accordance with the law, entrust the agent with the application of an administrative licence request and, while submitting a letter of commission signed by the applicant or chapter, the author shall contain the name of the agent (name), authority, commissioning and the duration of the commission. Article 18 shall be subject to a review by the executive branch of the administrative licence requests received, the written back of the receipt of the request material on the same day and be processed in accordance with article 31 of the administrative licence law. The application is incomplete or incompatible with the statutory form, and the executive body should inform the applicant of the full content that the applicant needs to be filled. As special circumstances cannot be informed, the applicant must be informed, with the approval of the head of the executive body, that the applicant needs to be added in writing no later than 5 days. It was not later informed that it would be admissible from the date of receipt of the request. Article 19 The executive body shall receive an application for administrative licence and shall be given a copy of a special seal and a written certificate indicating the date indicated; the written vouch shall contain the contents of the applicant, the application, the request, the receiving body, the time of receipt, the commitment period, the submission and monitoring of the telephone. The executive branch shall not accept the application for administrative licences and shall return the request material to be obtained from a copy of the special seals and written vouchers indicating the date indicated; the written vouch shall contain the contents of the applicant, application matters, application, admissibility, grounds and time, complaints and monitoring of telephones, legal remedies. Article 20 does not provide for a preliminary review of administrative licence requests by administrative organs. Article 21, Laws, regulations and regulations stipulating that administrative licences should be subject to hearing matters, or administrative authorities believe that other major administrative licences requiring hearings are required to deal with public interests, and that the executive organs should inform society and hold hearings. Article 22 directly relations between the applicant and others, and prior to the administrative licence decision, the executive branch shall notify the applicant, the stakeholder, in writing or in the form of a notice, of the proposed administrative licence decision to inform him of the right to request a hearing. The applicant, the stakeholder shall, within 5 days of the date on which he was informed of the right to the hearing, organize a hearing in accordance with the provisions of the administrative licence law and make administrative decisions based on the hearings. Article 23. The decision of the executive branch to grant administrative permission shall be made public, within 15 days of the date of the decision, at its office or at the public information site of the organ, with the right to free access and download. The executive branch has publicly granted the administrative licence decision without charge, nor has it been able to receive reimbursement services or convert the form of payment. Article 24 shall make decisions on non-administrative licences and shall be made by the executive organ of the Gégué administration, with a copy of the executive branch's special seal and the non-administered administrative licence decisions indicating the date of the decision and shall be sent to the applicant within 10 days of the date of the decision; the reasons, facts and legal basis for the non-administeration of administrative licences shall be set out and the applicant shall be informed of the right to apply for administrative review or to initiate administrative proceedings in accordance with the law. Article 25 Article 26 requires that the executive branch suspend the application for administrative permission and that the administrative licence, grounds, duration shall be granted and issued in advance. Article 27 Governments at all levels should strengthen the supervision of the executive authorities in the present administration. The work sector at all levels of the people's Government conducts oversight inspections in accordance with its statutory responsibilities to the relevant working sectors of the lower-level people's Government. The rule of law at all levels of the people's Government and its working sector have specific responsibility for the supervision of the Government of the people at this level or of the sector with respect to administrative licences. The departments at all levels of inspection, audit, financial, material and price are subject to specific supervision by law of administrative authorities in the exercise of administrative licences. In the supervisory inspection, the executive branch of article 28 found that the executive authorization of the lower executive body was wrong and should be held in accordance with this provision for an administrative licence error and would be responsible for the administration of the executive branch and its staff in accordance with the law. Article 29 imposes administrative licences by executive organs and, in one of the following cases, the executive branch and its staff shall assume responsibility for administrative licens error: (i) The creation or provision of administrative licences in violation of the law, as well as increased administrative licence conditions, standards, procedures; (ii) Receive charges or not charged under statutory projects and standards; (iii) Excluding, misappropriation, slander or distributing the costs charged under the law; (iv) To grant administrative licences to applicants who do not meet the statutory conditions or go beyond the statutory authority; (v) The applicant who meets the statutory conditions shall not be granted administrative permission or shall not be granted administrative licence decisions within the statutory period; (vi) In accordance with the law, the granting of administrative licence decisions based on tenders, auctions, examinations, vetts, vouchers, or the granting of administrative licence decisions based on tenders, auctions, examinations, vetts and findings; (vii) Applications for administrative licences in accordance with the statutory conditions are inadmissible; (viii) A public information network that is not located in the office or in the organ shall indicate the material to be disclosed by law; (ix) In the process of admissibility, review and decision-making of administrative licences, the applicant and the stakeholder have not fulfilled their statutory notification obligations; (x) In the absence of a written communication within the statutory period of time to the applicant who submitted the submission is incomplete and incompatible with the statutory form; (xi) The grounds for non-admissibility of administrative licence requests or non-administrative licences are not provided by law; (xii) The holding of hearings by law without hearing; (xiii) To submit to the applicant an inappropriate request for the purchase of designated commodities, acceptance of paid services, or requests for, receipt of the applicant's property for other benefits; (xiv) Violations of administrative licence laws and other conditions under this provision. Article 31 errone responsibility for administrative licences is divided into the responsibility of the direct responsible person and the responsibility of the competent person responsible. Staff performing administrative licences by administrative organs are held accountable for misperceptions of administrative licences and should be held accountable for the administrative licence of administrative organs. The staff performing administrative licences by administrative organs comprise, inter alia, the following: (i) The contractor means a staff member dealing with administrative licence matters; (ii) A reviewer, which means the head of the body within the executive branch; (iii) Authorization refers to the principal executive head and the competent authority with the authorization. Article 31 is one of the following acts by the licensor, resulting in the occurrence of the consequences of the mislicence of administrative licences, and should assume the responsibility of the directly responsible person: (i) No performance by law; (ii) Self-administered administrative licence decisions without clearance and approval; (iii) Absorption, provocative fraud, resulting in the failure of the reviewor, the rator to properly perform the auditing and approval functions; (iv) Notwithstanding the review and approval of the licensor, the licensor does not approve the application of administrative licences. Article 32 presents the wrongness of the programme or opinion of the licensor, the licensor, the rator, the rator, the author has not found or found that the corrective has not been corrected, leading to the consequences of the administrative licence, and the custodian should have the responsibility of the person directly responsible and the responsibilities of the holder and the author should be directly responsible. Article 33 XIII does not carry out the duties of the inspector in accordance with the law, alters or rejects the correct opinion of the licensor and, with the approval of the licensor, lead to the consequences of the mislicence of the administrative licence, the holder shall be responsible for directly responsible personnel and the author shall be responsible for the responsibility of the competent person directly responsible. The reviewor does not request the author to approve a direct administrative licence decision leading to a misleading consequence of the administrative licence, which should be responsible for the person directly responsible. Article 34 quantify the author's failure to perform the duties of the author by law, to change or not adopt the correct opinion of the custodian, the licensor should have a direct responsibility. The licensor shall have a direct administrative licence decision without the consent of the licensor, which results in the misconception of administrative licences, and the author shall have the responsibility of the person directly responsible. The author's instructions or intervenes in the performance of his or her duties, leading to an excessive consequence of the administrative licence and the author should have the responsibility of the person directly responsible. Article XV, jointly discussed by the executive branch and studied the administrative licence decisions taken, has resulted in the misleading consequences of the administrative licence and the responsibility of the person formulating and agreeing to the wrong opinion to be directly responsible, and the decision makers should be responsible for the responsible person directly responsible. The change of administrative licence decisions taken by the executive branch at the level of Article 36, which has resulted in the misleading consequences of administrative licences, should be the responsibility of the head of the executive branch directly responsible. Article 337 The manner in which administrative licences were wrongly held accountable includes: (i) Recturing orders; (ii) A written inspection order; (iii) Apologize for the award to the management relative; (iv) Be considered as basic or non-exclusive in the year; (v) Removal or suspension of service; (vi) Administrative disposal. The above-mentioned way of prosecution can be singled out or served. Article 338 has one of the following cases in which the executive branch and its staff are held accountable for administrative licences: (i) The misperception of administrative licences that should be held accountable over two years; (ii) Contrarying and impeding the investigation of misconduct of administrative licences; (iii) Combating retaliation reportingers, complainants, witnesses and staff investigating misconduct of administrative licences; (iv) causing substantial loss or adverse effects; (v) Other circumstances in which administrative licences should be erroneous. Article 39 responsibilities for administrative licensor wrongs have been identified and corrected in a timely manner, with no significant loss or negative impact, and can be held accountable for administrative licences. Article 40 has occurred as a result of the misperception of administrative licences, and the administrative organs and their staff do not assume responsibility for administrative licences: (i) The management of a relative misappropriation resulting in a lack of proper judgement by staff; (ii) The causes of force majeure. Article 40 shall establish a self-assessment system, in conjunction with the provisions of article 29 of this provision, and conduct regular inspections of administrative licences by this organ. Article 42 should establish an administrative licence complaints reporting system to designate specialized agencies responsible for receiving complaints of administrative licence acts committed by this administrative body and to make public the receipt and the complaint of telephones. The executive branch shall investigate the complaints received, make prompt observations and inform the complainant in writing of the observations within three days of the date of the submission. The executive body shall be confidential to the complainant. Article 43 XIII does not carry out administrative licences under the law, and citizens, legal persons or other organizations may submit complaints to the administrative organ or its peer inspection body, the Government's rule of law, the superior administrative body, which considers violations of their legitimate rights, may apply to administrative review or administrative proceedings in accordance with the law. Article 44 shall monitor the activities of the licensee in administrative licence matters in strict compliance with the administrative licence law. The administrative organs entrusted with the execution of administrative licences, the administrative organs or organizations entrusted with the execution of administrative penalties shall cooperate with the oversight of the activities of the licensee in administrative matters within the delegated authority. The duration set out in article 42 is calculated on a working day without a statutory holiday. Article 46 |
