Shantou City Executive Authorities The Implementation Of Administrative Licensing Provisions

Original Language Title: 汕头市行政机关实施行政许可规定

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(April 11, 2006 Government of Shantou 49th Executive session on April 21, 2006 Government of Shantou announced as of June 1, 2006, 87th), first for the implementation of the People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law), promoting administration according to law, according to the provisions of the relevant laws, rules and regulations, combined with the city's actual, these provisions are formulated.
    Second City administrative bodies (except for vertical management of national, provincial administrative organs) the implementation of administrative licensing, these provisions shall apply.
    Authorized by the laws and regulations to administer public affairs functions of the statutory mandate the implementation of administrative licensing in their own name, these provisions shall apply to the provisions of relevant administrative organs.
    Article citizens, legal persons or other organizations by administrative authority in contravention of the legitimate interests of the implementation of administrative licensing damages, shall have the right to claim compensation.
    Fourth article drew attention to the draft regulations draft to be considered by the municipal administrative licenses, drafting units should be based on the hearing, feasibility study meeting or to the public hearings, and indicated to the municipal people's Government listen to and accept the views of, and set the basis for the administrative license, the necessity and the possible implications for the economic and social.
    Municipal Government deems it necessary to hold a hearing, hearing, hearing by the Municipal Department of Legal Affairs.
    Laws, administrative regulations or the State Council decided the fifth article, local laws and regulations, provincial regulations or special economic zones set up administrative permission, but does not specify the implementation of administrative licensing organ, conditions, procedures, terms or provisions is not clear, the relevant administrative authority to the extent considered necessary or specific, should be brought to the municipal people's Government shall be regulated and promulgated.
    Sixth administrative licensing organ shall be the authority name, related to the implementation of administrative licensing matters, and be published according to the attention of the people's Government at the.
    Provided after the implementation of the administrative license in this set, the implementation authority shall, from the date of entry into force of the administrative license within the 30th, the name of the authority, the implementation of administrative licensing matters as well as be published according to the attention of the people's Government at the.
    Seventh administrative organs in accordance with the law, rules and regulations, entrust other administrative bodies of the implementation of administrative licensing, and the implementation of administrative licensing shall be signed a power of attorney. Eighth executive to facilitate the applicants application for administrative license may entrust other administrative bodies to accept administrative licensing applications and administrative licensing decision. Delegate authorities and entrusted authorities accept administrative licensing applications on behalf of the power of attorney shall be signed.
    Entrusted with the authority shall not delegate any other organizations or individuals on whose behalf accept administrative licensing applications and administrative licensing decision.
    Delegate authority should be entrusted with authority is commissioned to supervise and liable for the consequences of the Act.
    Entrusted with the authority shall be to delegate authority on behalf of the accept or not to accept an application for administrative license issued to the applicant in written form, and is responsible for within the time established in the power of attorney will accept application materials to delegate authority to review decisions; after you delegate authority to make decision on the administrative license, entrusted with the authority shall be responsible for Attorney applicant decision on the administrative license within the determined time.
    Nineth, Attorney for the implementation of administrative licensing, and accept administrative licensing applications on behalf of the power of attorney shall set forth the principal organ entrusted with the institution's name, address, contact, delegate specific matters, mandates and responsibilities.
    Power of attorney shall entrust public authority, the delegated authority of the Office space and through a public offering of Government information special issue or made public by way of the mass media.
    The tenth administrative organs in accordance with the provisions of article seventh and eighth article of mandatory administrative licensing matters, applicants apply directly to the principal organ for administrative license, authorize organ shall receive application materials and to deal with. 11th administrative organs the implementation of administrative licensing shall determine a set up uniformly accept administrative licensing applications, unified administrative licensing decision.
    The internal bodies should in its offices or public information publication on the Web site.
    12th administrative organ under inspection, inspection and quarantine to licensing the results of, in its offices or the organs of public information published on the website of the legal test, inspection, and quarantine standards and the implementation of the testing, inspection, and quarantine lists of units and their associates.
    13th administrative organs the implementation of administrative licensing shall provide administrative license applicants by letter, telegram, telex, fax, electronic data interchange and e-mail applications to create conditions and provide convenience.
    Administrative Licensing application is made by way of letters, telegrams, and Executive to sign the letter, telegram for the time of receipt of the application.
    Administrative Licensing application made by telex or fax, containing application content of the telex, fax to the executive authorities designated to receive applications for administrative license of electronic equipment for the time of receipt of the application.
    Administrative Licensing application is made by means of electronic data interchange, electronic mail, electronic data or e-mail to the Executive agencies to receive the system time to the time of receipt of the application.
    14th article administrative organ implementation administrative license, should in its Office places or this organ public information website publicity following matters, while also can through Chief Information special issue or mass media, other way convenient public timely, and accurate informed: (a) administrative license matters name, and conditions, and program, and handle term, and need submitted of all material directory; (ii) about legal, and regulations, and regulations according to; (three) proposed application of way; (four) applications model text.
    Limit the number of administrative licensing, publication number and should be accepted, approved.
    Should be submitted by the applicant to the Executive Office in accordance with law of administrative Licensing application, shall also be published.
    Need to use the application format text, publication should be provided.
    15th administrative license applicants require the Executive authority to its publicized description, explanation, executive staff shall immediately identify, explain, and provide accurate and reliable information.
    Applicants believe that the Executive instructions, interpretation is incorrect, may in writing require the Executive authority to be explained again; administrative organ shall, from the date of receipt of the written request within the 3rd be stated in writing, interpreting, not withholding the information.
    16th Executive authorities administrative license applicants to provide administrative Licensing application form text (including tables) shall not charge fees and materials fees any fee through the public information Web site provides, shall allow the applicant a free download.
    Using the copy of the applicant's or from the administrative organ's general information Web site to download the license applications for rich text (including tables) to apply, the administrative organ shall not be restricted.
    17th administrative licensing so that a person entrusts an agent to apply for administrative license, the agent at the time of applying to the administrative authority shall be submitted by the applicant signed or sealed by the power of Attorney, power of attorney shall include the agent's name (name), competence, commitment and mandates, and so on.
    18th the administrative organs shall spot review of administrative Licensing application material received, issued on the same day receive a written receipt of the application materials, and the 32nd article dealing with the administrative licensing law. Application materials are incomplete or not in compliance with the statutory form, the administrative authority shall inform the applicant of corrections in its entirety. Due to special circumstances cannot be told, must be approved by the Executive Director, not later than 5th, inform the applicant in writing within all need correction.
    Fails to inform the, shall be accepted as of the date of receipt of the application materials.
    19th administrative authorities accept administrative licensing applications, certificate with a special seal and date the executive authorities should be in written form; written documents shall include the applicant, application, application materials, receiving, processing time, commitment throughout time, complaints and monitor phone calls, and so on.
    Does not accept an application for administrative license of executive authority shall return the application materials, certificate with a special seal and date the executive authorities a written certificate of written documents shall include the applicant, application, application materials, agency, the grounds for inadmissibility and the time, complaints and monitor phone calls, legal remedies, and so on.
    20th stipulated by laws and regulations, the regulations are not, administrative organ may not require any other administrative body for preliminary review of administrative Licensing application.
    21st laws, regulations, the implementation of administrative licensing hearing matters, regulations, or administrative hearings it deems it necessary, other major administrative licensing matters concerning public interest, the administrative organ shall be announced to the public, and hold a hearing.
    22nd administrative licensing direct relations between the applicant and other major interests, will the executive authorities before taking a decision on the administrative license, or inform the applicant by notice in writing, and should be an interested person, the decision on the administrative license is intended to set out, informed of their right to request a hearing.
    The applicant, interested parties are informed of the right to a hearing date of hearing an application made in the 5th, the Executive hearing shall be in accordance with the administrative licensing law of the Organization, and make the decision on the administrative license according to the hearing transcript.
    23rd administrative organs shall decide an administrative license is made, shall take a decision within 15th of their offices or public information made public on a Web site, the public has the right to check out and download for free.
    Executive open decision approving an administrative license shall not charge or charges as a paid service or paid service in disguise.
    24th article made no decision on the administrative license of executive authority, shall issue a stamp Administration Special seal and date no written decision of administrative licensing, and since the date of the decision to the applicant in the 10th service; no administrative decision on shall contain no administrative licensing reasons, the factual and legal basis, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 25th term in administrative license of Executive commitment under article is shorter than the statutory time limit, the administrative authority shall, within the time limit for processing.
    26th administrative organs need to temporarily accept administrative licensing applications, should be suspended in advance of the administrative licensing items, reason, duration reported to people's Governments at the approval and shall be published. 27th people's Governments at various levels shall strengthen the supervision and inspection of administrative authority within their respective administrative areas implementation of the administrative license.
    People's Governments at all levels of departments in accordance with statutory duties to the lower level people's Governments and relevant departments to supervise and inspect the implementation of administrative licensing.
    Governments at all levels and their departments a legal working body of specific level people's Government or the Department on the implementation of the administrative license of Executive Authority supervision and inspection work.
    All levels of supervision and auditing, finance, price and other administrative departments in its statutory mandate, special supervision on the executive authorities the implementation of administrative licensing in accordance with law.
    28th superior administrative body subordinate administrative organs found in the supervision and inspection of the implementation of administrative licensing is at fault shall be for administrative license in accordance with the views of the fault responsibility investigation and, in conjunction with relevant departments shall be investigated for criminal liability of administrative licensing of the administrative organs and their staff.
    29th article administrative organ implementation administrative license, has following case one of of, administrative organ and staff should bear administrative license fault responsibility: (a) illegal set or provides administrative license matters and increased administrative license conditions, and standard, and program of; (ii) unauthorized charges or not according to statutory project and standard charges of; (three) interception, and misappropriated, and privately or disguised privately implementation administrative license law charged of costs of;
    (Four) on not meet statutory conditions of applicants granted administrative license or beyond statutory terms made granted administrative license decided of; (five) on meet statutory conditions of applicants not administrative license or not in statutory term within made granted administrative license decided of; (six) law should according to tender, and auction, and exam, and assessment of results made granted administrative license decided, without tender, and auction, and exam, and assessment, or not according to tender, and auction, and exam, and assessment of results made granted administrative license decided of;
    (Seven) on meet statutory conditions of administrative license application not accepted of; (eight) is not Office places or this organ public information network publicity law should publicity of material of; (nine) in accepted, and review, and decided administrative license process in the, not to applicants, and interest relationship people perform statutory told obligations of; (ten) on submitted of application material not complete, and not meet statutory form of applicants, not in statutory term within to written form once told its need correction all content of;
    (11) not law description not accepted administrative license application or not administrative license of reason of; (12) law should held hearing and not held hearing of; (13) to applicants proposed purchase specified commodity, and accept paid service, not appropriate requirements or obtained, and received applicants of property, seek other interests of; (14) violation administrative license method and this provides of other case.
    30th fault liability of administrative license is divided into direct responsibility personnel and persons directly in charge of the responsibility.
    Executive staff of the implementation of administrative licensing the fault responsibility investigation of administrative license shall be investigated for the liability of administrative licensing of the Executive.
    Administration the implementation of administrative licensing includes the following staff: (a) the undertaker, which refers to the specific handling of administrative licensing matters concerning staff, (ii) the reviewer refers to the Executive Heads of organs; (c) the approver refers to administrative bodies and have the right of approval of heads in charge.
    31st article hosted people has following behavior one of, led to administrative license fault consequences occurred of, should bear directly responsibility personnel responsibility: (a) not law perform duties of; (ii) without audit, and approved, unauthorized made administrative license decided of; (three) fraud, and engages in, led audit people, and approved people cannot right perform audit, and approved duties of; (four) is by audit people audit, and approved people approved, but hosted people not in accordance with approved implementation administrative license of.
    32nd hosting plan or have errors, reviewer and approver is not found or has not been corrected after it was discovered, leading to administrative licensing consequences of fault, contractors should be held directly responsible personnel responsibilities, reviewer, approver should be held directly responsible for executive responsibilities.
    Article 33rd reviewer does not perform audit functions, change or refuse to adopt correct views of the undertaker, who lead the Executive approved licensing consequences of fault, the reviewers should be held directly responsible personnel responsibility, approved persons directly in charge of the responsibilities they should hold.
    Reviewers do not approval of the approved direct administrative licensing decision, administrative licensing consequences of fault, the reviewers should be held directly responsible personnel responsibilities.
    Article 34th approved approved by failing to perform their duties, changes or no to adopt correct views of the undertaker, audit, led fault consequences of administrative licensing, approved who should bear direct responsibility personnel responsibilities.
    Ratified without contractors proposed, approver, direct licensing, led fault consequences of administrative licensing, approved who should bear direct responsibility personnel responsibilities.
    Approved contractor, Checker to perform duties of instruction or intervention, led fault consequences of administrative licensing, approved who should bear direct responsibility personnel responsibilities.
    35th executive administrative licensing decision for brainstorming, research, administrative licensing consequences of fault, and agreed with the error who should bear direct responsibility personnel, decision makers should be held directly responsible for executive responsibilities.
    36th made by a higher administrative authority to change the lower administrative authority decision on the administrative license, administrative licensing consequences of fault, head of the higher administrative authority should be held directly responsible for executive responsibilities.
    37th the fault responsibility investigation of administrative license includes: (a) the correction, (ii) order the written examination; (c) be ordered to apologize to management people and (iv) evaluation as basically competent or incompetent that year; (e) out of jobs or suspended (vi) administrative sanctions.
    Above are way separately or concurrently.
    38th article administrative organ and staff has following case one of of, from heavy held administrative license fault responsibility: (a) a years within appeared two times above should be held responsibility of administrative license fault behavior of; (ii) interference, and hinder on its administrative license fault behavior for survey of; (three) retaliates against whistleblower, and complaints people, and witnesses and survey processing administrative license fault behavior of staff of; (four) caused huge loss or bad effect of;
    (E) according to law shall be given a heavier administrative licensing liability of those other cases.
    39th fault liability of administrative licensing people to find and correct the fault, caused no major damage or adverse effects may be given administrative permission of those liability.
    40th due to the following causes fault behavior of administrative licensing, administrative organs and their staff does not assume liability of administrative license: (a) management fraud staff cannot make a correct judgment, (ii) by reason of force majeure.
    41st Executive should be combined with the provisions of article 29th self-censorship of content, regular inspection of the implementation of administrative license for.
    42nd administrative organs shall establish a complaints system of administrative licensing, specify the specialized agency is responsible for handling complaints against the acts of the executive authorities the implementation of administrative licensing reports, and announce the Organization and complaints phone. Administrative organ shall investigate matters to the admissibility of the complaint, make comments in a timely manner and make comments within 3rd day of written complaints of people.
    Administrative authorities shall informants confidential.
    43rd administration is implementing an administrative license according to law, citizens, legal persons or other organizations can contribute to the Executive or the supervisory organs at the same level, the Government Office of Legislative Affairs, and report to the higher administrative authority complaints; think violations of their legitimate rights and interests, can apply for administrative reconsideration or bring an administrative suit.
    44th Executive should be strictly in accordance with the provisions of the administrative licensing law, the licensee is engaged in the activities of administrative licensing items carry out supervision and inspection.
    Entrusted with the implementation of administrative Licensing administrative organ, entrusted with the implementation of administrative punishments administrative organ or organization shall cooperate with the Commission in the context of delegated authority to the licensee to engage in the activities of administrative licensing items for inspection.
    45th article of the rules to the period specified working days, excluding holidays.
                                                                                                        46th article of the regulations come into force on June 1, 2006.

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