Guangzhou City, The Implementation Of The People's Republic Of China Administrative License Law Of Certain Provisions Of

Original Language Title: 广州市实施《中华人民共和国行政许可法》若干规定

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(May 31, 2004, Guangzhou City people's Government at the 39th Executive meeting on June 20, 2004, Guangzhou City people's Government promulgated as of July 1, 2004, 4th) first in order to standardize the administrative permission to promote administration according to law, in accordance with the People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law), combined with the city's actual, these provisions are formulated.
    Second administrative license in the city, as well as supervision and inspection, these provisions shall apply.
    The third municipal people's Government, Executive, legal body responsible for the implementation of administrative licensing oversight, guidance, and was responsible for organizing the implementation of these provisions.
    District, county-level city people's Government legal agencies executive bodies responsible for the implementation of administrative licensing to supervise and guide.
    Fourth article of the municipal regulations and normative documents may not be establishment of an administrative license. Administrative organs in accordance with the administrative licensing law, combined with the implementation of administrative licensing matters in this sector to develop specific measures for implementation, should be in the form of administrative normative document according to the Guangzhou administrative normative documents requirements of the regulations, the people's Governments at the corresponding level of the rule mechanism to review and publish.
    Specific implementation measures shall not change computer law of administrative licensing terms, procedures, deadlines, and so on.
    Fifth article drew attention to the draft local regulation draft to be considered by the municipal administrative licenses, drafting unit, feasibility study meeting in the form of any hearing shall first seek the views of the community, including setting the need for administrative license, to economic and social, as well as listen to and accept the possible impact of the views of.
    City Legislative Affairs deems it necessary to hold a hearing, conducted by the municipal Legislative Affairs Research Institute.
    Sixth of municipal, district and county-level cities in accordance with the implementation of administrative licensing matters, as well as the right to Executive and organization in the implementation of administrative licensing, announced by the people's Governments at the corresponding level.
    Article seventh entrust other administrative bodies of the Executive the implementation of administrative licensing must be according to the clear provisions of the laws, regulations and rules.
    Entrust other administrative bodies to implement the administrative license of executive authority, the implementation of administrative licensing shall be signed a power of attorney. Commissioned by the entrusting administrative organ shall on behalf of the executive authorities accept administrative licensing applications, for review, make a decision on the administrative license and served on the applicant.
    The entrusting administrative organ entrusted implementation of the administrative license of executive authority liable.
    The entrusting administrative organ shall not entrust other administrative bodies or organizations the implementation of administrative licensing. Eighth executive to facilitate the handling of administrative licensing of the applicant, may entrust other administrative bodies to accept administrative licensing applications and administrative licensing decision.
    The entrusting administrative organ entrusted the executive authorities accept administrative licensing applications on behalf of the power of attorney shall be signed. The entrusting administrative organ shall delegate Executive authority on behalf of the applicant accept or do not accept administrative licensing applications in written form.
    Entrusted with the administrative agency after acceptance of the application, shall be responsible for Attorney application materials submitted to the Commission within a determined time Executive, entrusting administrative organ after the examination and make a decision on the administrative license, Attorney for the entrusting administrative organ shall be responsible for determining time serve on the applicant a decision on the administrative license.
    The entrusting administrative organ entrusted with administrative authorities entrusted with the matters of liability. Nineth executive authorities in order to facilitate the handling of administrative licensing of the applicant may be entrusted with the function of public administration organizations to collect administrative Licensing application materials and administrative licensing decision.
    The entrusting administrative organ entrusted Organization collect materials administrative license application shall be signed a power of attorney.
    Commissioned on behalf of the Organization shall be to delegate administrative authority to charge administrative Licensing application materials, and is responsible for within the time established in the power of attorney will receive application materials are submitted to the principal administrative organ, the entrusting administrative organ after the examination and make a decision on the administrative license, entrusted with the Organization should be responsible for Attorney applicant decision on the administrative license within the determined time.
    The entrusting administrative organ commissioned to bear legal liability for acts of the organization handling the entrusted matters.
    Article tenth of the implementation of administrative licensing instructions, and accept administrative licensing applications on behalf of the power of Attorney, took charge of the administrative Licensing application material power of attorney should contain the entrusting administrative organ and the entrusted administrative agency or organization's name, address, contact, entrusted implementation of specific matters, mandates and responsibilities, etc.
    Power of attorney shall be approved by principal legal system of the people's Governments at the corresponding level of the Executive Agency and the entrusting administrative organ, entrusted with the administrative organ or organization offices and public information posted on the website.
    Article 11th has entrusted the implementation of administrative licensing matters concerning, applicants apply directly to the entrusting administrative organ for administrative license, entrusting administrative organ should still accept applications, and administrative licensing decision.
    12th a matter requires a number of administrative license of Executive or an administrative license would involve multiple organs of executive authority, the administrative organs shall establish a uniformly accept administrative licensing applications, unified administrative licensing decision.
    13th article implementation administrative license of administrative organ should in this administrative organ Office places to notice, and manual, and do guide manual, and electronic touch screen, and electronic announcement bar, form publicity following information: (a) this administrative organ implementation administrative license of legal according to; (ii) this administrative organ law implementation administrative license of matters, and conditions, and number, and program, and term; (three) application administrative license need submitted of all material of directory and applications model text.
    14th administrative permission to the application can be done by letter, telegram, telex, fax, electronic data interchange and e-mail form.
    A written application submitted by the applicant is really difficult, I can be used orally to staff for administrative Licensing application to the Executive, administrative personnel of its oral application shall be recorded and handed over to confirm signature or seal of the applicant.
    15th according to law should be made by the applicant to the Executive Office for administrative license applications, the applicant may apply for administrative licensing agent, the agent at the time of applying to the implementation of administrative licensing authority shall be submitted by the applicant signed or sealed by the power of Attorney, power of attorney shall include the agent's name, the name, competence, commitment and mandates.
    16th published by the applicant in accordance with the Executive conditions and of materials submitted to the application for leave, the administrative organ shall not be the application materials are incomplete or do not comply with the statutory format for rejected the applicant's application for administrative license. Application materials submitted by the applicant are incomplete or not in compliance with the statutory form, could spot correction correction on the spot; cannot be corrected on the spot, the administrative organ shall immediately or within five working days shall inform all applicants need to supplement the content at a time, the applicant agreed to orally or in any other form except. Fails to inform the, shall be accepted as of the date of receipt of the application materials.
    Correction requested by the applicant is not in the Executive term materials, Executive inadmissibility decision could be taken. Administrative Office for application materials are complete and comply with the statutory format, or materials are complete and comply with the statutory format after correction shall be accepted on the spot.
    Otherwise provided for by laws and regulations on the accepted term, from its provisions.
    17th administrative authorities charge application materials or the entrusted Organization Administrative licensing of the applicant after the application, it shall issue a seal Special seal and date the receipt in writing of the Executive.
    18th the following administrative licensing items shall be announced to the public, holding a hearing: (a) the laws, rules and regulations should be matter of a hearing; (b) the Executive sees need to hearing directly related to public safety, public order and other major public interest matters under administrative license.
    From the date of announcement of the hearing until the date of hearing announced the end of the hearing time, not counting the administrative license of executive authority within the statutory time limit.
    19th article administrative organ on administrative license application for review Shi, found administrative license matters has following directly relationship others major interests of situation Shi, should told applicants, and interest relationship people enjoys requirements hearing of right: (a) directly relationship other citizens of personal health, and life security of; (ii) directly relationship other citizens, and corporate and other organization of major property of; (three) other directly relationship others major interests of situation. Stakeholders identified, will the executive authorities shall be served on the interested party of the notice of hearing; interested parties uncertain, the administrative organ shall be announced to the public. Applicant or interested party shall receive the five working days from the notification of the hearing or from the date of notice in the 30th hearing an application made in writing to the Executive, fails to apply for hearing, deemed to have waived the right to request a hearing.
    , Interested parties hearing an application made by the applicant, the administrative organ shall, within 20 working days hearing. Applicants or interest relationship people proposed hearing application of, since administrative organ served hearing told book or released announcement of day up to hearing host announced hearing end of day check of time, not calculation in administrative organ handle administrative license of statutory term within; applicants and the interest relationship people gave up requirements hearing of right or late not proposed hearing application of, since administrative organ served hearing told book or released announcement of day up to hearing application submitted date expires of day check of time,
    Not included in the administrative license of executive authority within the statutory time limit.
    20th article administrative organ should Yu held hearing seven a days Qian, will following matters announcement or written notification applicants and the other interest relationship people: (a) hearing of causes; (ii) hearing of time and the locations; (three) hearing of main program; (four) hearing participate in people and right obligations; (five) absent hearing of processing; (six) Organization hearing of administrative organ and the hearing host, and records people.
    Applicant or an interested person changes hearing date, the hearing shall be held in the three working days before the hearing of the administrative body. Article 21st when large number of interested persons, by interested parties elected representatives to elected by the representative, the executive authorities can through a fair and transparent selection.

    22nd hearing, records people belong to one of the following should be avoided: (a) the administrative Licensing application review officers and their close relatives; (b) the applicant and the interested persons and their close relatives; (c) with the administrative Licensing application for other persons with a direct interest.
    Applicants, interested parties considered the facilitator and the recorder has direct interest in relations with the administrative licensing items, right in the presider announced that apply for withdrawal before the start of the hearing.
    Applicant or interested party requested to withdraw, by hearing of the administrative organs of the Organization in charge of deciding whether to withdraw. 23rd article hearing should according to following program for: (a) hearing host check hearing participate in people identity, announced hearing discipline, confirmed applicants, and interest relationship people whether application avoided; (ii) hearing host announced hearing began, description hearing causes; (three) review the administrative license application of staff proposed review views and evidence, and reason; (four) applicants, and interest relationship people statement requests and the reason, proposed evidence; (five) review the administrative license application of staff and the applicants, and
    Interested person, you can argue about evidence, cross-examination and (vi) the applicant or interested party to make a final statement and (VII) hearing officer announced the end of the hearing.
    Article 24th hearing shall make a record of hearing, participants in the hearing set forth statements or questions, evidence of the content and the instruments, as well as in the subject matter of the objection hearing procedure. 25th hearing transcripts should be made on the spot, signed or sealed by the participants in the hearing.
    Participants in the hearing refuses to sign or seal, the record the refusal shall be recorded. Participants in the hearing record disagrees with the content of the hearing, rates should be raised.
    Presider think the objection is established, records shall be corrected or supplemented; not tenable, records shall clearly record its objections.
    Article 26th hearing of the applicant does not appear at the hearing without good reason, deemed to have waived the hearing rights.
    Article 27th hearing of administrative license, the administrative bodies when making a decision on the administrative license, should be recorded in the record of hearing the evidence through cross-examination to determine factual basis. 28th article implementation following matters of administrative license, administrative organ should through tender, and auction, fair competition of way made decided, legal, and administrative regulations another has provides of except: (a) land, and mineral, and forest, and river, and mountain, and Heath, and beach, and waters, and radio frequency, limited natural resources of development and using; (ii) taxi right, and bus right, and Terminal right, and bus line right, public resources of configuration; (three) gas production and business, and tap water production and business, and
    Sewage treatment and market access for specific industries directly related to the public interest; (iv) other citizens, legal persons or other organizations, specific rights and limit the amount of matter.
    29th administrative organ under inspection, inspection and quarantine to licensing the results of, the administrative organ shall publish statutory inspection, inspection, and quarantine standards and comply with the statutory conditions for the implementation of the inspection, testing, Quarantine list professional and technical organizations and persons concerned. Conclusion of inspection, testing and quarantine error occurs, the executive authorities shall be public information published on the website of the error in this organ and the implementation of the inspection, testing, quarantine, professional organizations and the names of the persons concerned.
    Implementation of the testing, inspection, and quarantine of the professional and technical organizations and persons concerned shall bear legal liability.
    30th administrative organ shall be strictly in accordance with the provisions of the administrative licensing law of the licensee engaged in the duties of supervision and inspection of the activities of the administrative licensing items.
    The administrative organ shall set up institutions for the public to report illegal activities of the matters of administrative license and publish organization and telephone hotlines and other.
    Upon receipt of the report of the Executive shall be verified and processed in a timely manner, and will inform the informers.
    31st in addition to laws, administrative regulations, annual review, annual, or other periodic inspection and review measures, the Executive administrative license shall be made to the annual review, annual, or other periodic inspection and review.
    Administrative authority may make use of the annual examination, inspection or other periodic inspection, review, set, or in a disguised form the implementation of administrative licensing. Article 32nd administrative organ shall implement the administrative licensing.
    Applicants, stakeholders believe that the Executive is not the implementation of administrative license, the administrative organs and to the higher administrative authority, government legal agencies, the Watchdog complaint, you can also apply for administrative reconsideration or bring an administrative suit.
    Article 33rd administrative organs shall establish and perfect the administrative licensing system, all specialized agencies responsible for receive and deal with complaints against the acts of the executive authorities the implementation of administrative licensing, and publish complaints and phone etc.
    Executive accepts anonymous complaints in writing, shall be issued to the complainant accepted a written receipt. The complaint, the administrative organ shall investigate and deal with the situation of, and complaints within 20 working days of processing views inform the complainant in writing.
    Special circumstances require the extension should be agreed by the head of the administrative organ, and informed complainants of the extension of time.
    34th of municipal, district and county-level city Legislative Affairs Agency is responsible for handling citizen, legal person or other organization complaints against executive organs to implement the administrative permission.
    City, district and municipal people's Government at the county level of rule of law institutions accept anonymous complaints in writing, shall be issued to the complainant accepted a written receipt. City, district and County municipal legal complaints should be investigated, for the treatment and within 20 working days from the date of acceptance will inform the complainant in writing.
    Special circumstances require the extension should be agreed by the head of the administrative organ, and informed complainants of the extension of time.
    35th supervisory organs of administrative organs and their staff to monitor the implementation of the administrative license, complaint and accusation.
    Article 36th city, district and County Municipal People's Government legal agencies on this level could be implemented by administrative organs of administrative permission checks.
    37th of municipal, district and County Municipal People's Government on the rule of law institutions on the executive authorities the implementation of administrative licensing inspections, investigations, the administrative organ shall provide relevant information, do not provide truthful information or obstruct the inspection, notified by the Government legal organization level people's Government criticism.
    Article 38th municipal, district, county-level city Legislative Affairs Agency found that the level of administrative authority of not implementing an administrative license according to law, should be entrusted with administrative organs to correct, will the executive authorities are not correct, reported that the people's Governments at the corresponding level criticized, and the higher administrative authorities or supervisory organ directly in charge of personnel and other persons directly responsible shall be given administrative sanctions.
    39th administrative authorities shall, in each year of the implementation of administrative license submission to the people's Governments at the corresponding level legal agencies in the first quarter of this year on the implementation of administrative licensing, including the administrative licensing, implementation, approval of applications, complaints, applying for administrative reconsideration, administrative proceedings and the results of, and to the organs of public information published on the website.
    Municipal people's Government, Executive, legal research institution responsible for the implementation of administrative licensing situation analysis, research, and comments and suggestions.
    40th citizens, legal persons or other organizations can contribute to the municipal, district and County government legal agencies administrative license the establishment and implementation of suggestions and recommendations.
    41st government legal agencies according to the law, regulations and provisions of higher administrative authorities, administrative licensing items to be cleaned, and results are published.
    42nd organization authorized the implementation of administrative licensing law and regulations, these provisions shall apply to the provisions of relevant administrative organs.
                        43rd article of the regulations come into force on July 1, 2004.

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