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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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(Adopted at the 39th Standing Conference of the People's Government of the Grand State on 31 May 2004 No. 4 of the Decree No. 4 of 20 June 2004 of the People's Government of the State of the Great Britain and Northern Ireland, which came into force on 1 July 2004)

Article 1 promotes the administration of the law, in accordance with the National People's Republic of China's administrative licence law (hereinafter referred to as the administrative licence act) and, in the light of the practice of this city.
Article 2
Article 3. The State's rule of law body is responsible for the supervision, guidance and organization of administrative licences for the administration of the city.
The authorities of the commune, district-level municipalities are responsible for overseeing and guiding the implementation of administrative licences by the executive branch at this level.
Article IV.
In accordance with the Administrative Accreditation Act, the executive branch develops a specific implementation approach in conjunction with the implementation of administrative licence matters in this sector, in the form of administrative normative documents, to be reviewed by the Government's rule of law institutions at this level, as required by the Regulations on the Administration of Administrative Norms in the City of Hiroshima. The specific implementation approach shall not alter the conditions, procedures, deadlines, etc. of administrative licences provided for in the law.
Article 5 refers to the draft local legislation to be submitted to the Government of the city for consideration to establish administrative licences, and the drafting cell shall seek the views of the various communities in advance of hearings, hearings, hearings, hearings, etc., as well as information on the need for the establishment of the administrative licence, the impact on the economy and society and the circumstances in which observations are heard and adopted.
The authorities of the Government of the commune are of the view that hearings are required and are organized by the Government's Judicial Institutions.
Article 6
Article 7. The executive body has entrusted other executive organs with executive authorizations and must be based on legal, regulatory and regulatory specifications.
The executive branch has entrusted other administrative authorities with the application of administrative licences and should sign the Approval of Administrative Accreditation.
The executive body shall be entrusted with the application of administrative licences, review, administrative licence decisions and transfer to the applicant on behalf of the executive body. The executive body is entrusted with legal responsibility for the commission of administrative licences by the competent administration.
The executive body is entrusted with no further authorization from other executive organs or organizations to carry out administrative licences.
Article 8. In order to facilitate the processing of administrative licences by the applicant, other executive organs may be entrusted with the application of administrative licences and to the administrative licence decision. The executive organs should be entrusted with the commissioning of a letter of entrustment for the processing of administrative licences.
The administrative organ entrusted shall, on behalf of the executive body, give the applicant a written certificate of receipt or acceptance of the administrative licence request. When the administrative body is entrusted with the application, it should be responsible for entrusting the requesting material to the administrative body within the time determined by the commission, entrusting the administrative organ with the review and making administrative licence decisions, and the administrative authority shall be entrusted with the responsibility of transmitting the administrative licence decision to the applicant within the time determined by the commission.
The executive body is entrusted with legal responsibility for the conduct entrusted to the administrative body for the commission of the commission of the commission of the commission of the commissioning of the matter.
Article 9. In order to facilitate the processing of administrative licences by the applicant, the executive branch may entrust an organization with a public administration function to collect administrative licence requests and transmit administrative licence decisions. The executive organs should be entrusted with the signing of the “Guide to collect administrative licence requests”.
The entrusted organization shall collect administrative licence requests on behalf of the executive body and shall be responsible for the dispatch of applications received during the period determined by the commission of an application material to the administrative organ, entrusting the administrative organ with the authority to review and make administrative licence decisions, and shall be entrusted with the responsibility of the organization to bring the applicant to the administrative licence decision within the time determined by the commission.
The executive body is entrusted with the legal responsibility of the mandated organization in the conduct of the commissioned matter.
Article 10 Implementation of an administrative licence commission, a letter of entrustment for the receipt of an administrative licence application, a letter of entrustment for the collection of administrative licence requests shall contain the names, addresses, contact means, specific matters entrusted to it, the duration of the commission and the legal responsibility.
The book shall be published on the Public Information website by the principal organs of the Government of the people entrusted to the executive branch and by the office of the executive body, the executive body or the organization.
Article 11. In cases where administrative licences have been delegated, the applicant directly submits an application for administrative permission to the executive branch, the administrative organ is entrusted with the application, making and transmitting the administrative licence decision in accordance with the law.
Article 12. One matter requires an administrative authority to carry out multiple administrative licences, or an administrative licence involving multiple internal structures within the executive branch, and the executive branch should identify an institution to accept administrative licence requests and to harmonize the payment of administrative licences.
Article 13
(i) The legal basis for the application of administrative licences by this administrative body;
(ii) Matters, conditions, quantity, procedures and duration of administrative licences by this administrative body under the law;
(iii) A directory and a model version of the application for all submissions to be submitted by administrative licences.
Article 14. The application for administrative licences may be made by means of communications, telegraphs, fax, electronic data exchange and e-mail.
The applicant's submission of written requests is difficult and can use this demographic statement as an administrative licence application for the staff of the executive branch, and the staff of the executive branch should record their oral requests and refer to the applicant's confirmation of signature or chapter.
In addition to the application of an administrative licence by the applicant himself to the office of the administrative body, the applicant may entrust the agent with the application of an administrative licence, and the agent shall submit a letter of commission signed by the applicant or a chapter thereof, which shall contain the name, name, authority, commissioning and the duration of the commission.
Article 16: The applicant shall not reject the application of the applicant's administrative licence on the grounds that the material is not fully or incompatible with the statutory form, in accordance with the conditions and materials published by the executive branch.
The applicant's submission is incomplete or not in accordance with the statutory form and is able to fill the current place; it is not possible to add the floor, the executive body should communicate the full content of the applicant's needs to be filled in writing within five working days, with the exception of the applicant's consent to be informed orally or otherwise. It was not later informed that it would be admissible from the date of receipt of the request. The applicant did not add the material within the period requested by the executive branch, and the executive branch could make a decision inadmissibility.
The executive body shall be admissible in the event that the request is fully, in accordance with the statutory form or in accordance with the statutory form of the material being added. The law, legislation and regulations provide otherwise for the period of admissibility, from its provisions.
Article 17 The executive organ or the organization entrusted with the receipt of the applicant's administrative licence application material shall be given a copy of the request and a written return of the date indicated.
Article 18 Implementation of the following administrative licence matters shall be communicated to the community for hearing:
(i) Legal, regulatory and regulatory provisions should be heard;
(ii) The executive body considers that there is a need for a major administrative licence of the public interest, such as public safety, public order.
From the date of the publication of the hearings to the time of the closure of the hearing by the moderator, the time has not been calculated within the statutory period for the administration.
When an administrative authority examines the application of administrative licences, it is found that administrative licence matters have the following direct interest to others, it should be informed that the applicant and the owner have the right to request hearing:
(i) Health and life safety of other citizens directly;
(ii) Significant property rights of other citizens, legal persons and other organizations directly;
(iii) Other direct relations with other persons of major interest.
The Levere has determined that the executive body should send a letter of hearing to the stakeholder; the stakeholders are uncertain and the executive organs should inform society. The applicant, the stakeholder should submit a request for hearing in writing to the executive branch within five working days or within thirty days of the date of the receipt of the “call” or from the date of the communication, whichever was not later than the request for hearing, as a waiver of the right to request a hearing. The applicant, the jurists have made requests for hearing, and the executive branch shall organize hearings within 20 working days.
The applicant or the licensor submitted a request for hearing, from the date of the communication of the hearing or the publication of a notice to the date of the closure of the hearing by the author of the hearing, without computing the period of time within the statutory time for the administrative authority to proceed with the administrative licence; the applicant and the licensor waived the right to request a hearing or the late submission of a request for hearing, from the date of the communication of the administrative authority to the date of the submission of the request for the hearing to the institution.
Article 20 shall be preceded by seven working days of the hearing, by a notice of the following matters or written notification to the applicant and other stakeholders:
(i) The hearing;
(ii) Time and place of hearings;
(iii) The main procedure for hearing;
(iv) Hearing the participants and their rights obligations;
(v) In the absence of hearings;
(vi) Organizing the executive and hearing facilitators, recorders.
The applicant or the stakeholder shall request a change of the date of the hearing, which shall be submitted to the administrative body that organizes hearings before the holding of three hearings.
In the case of a large number of persons of interest in Article 21, representatives are given by the stakeholder; the representative has difficulty in making it possible for the executive branch to select representatives in a fair and open manner.
In article 22, the moderator, the recorder is one of the following persons and should be avoided:
(i) The reviewer of the administrative licence application and its close relatives;
(ii) The applicant, the stakeholder and his close relatives;
(iii) Other persons with the administrative licence request having a direct stake.
The applicant, the stakeholder considered that the facilitators, the author had a direct stake in the matter of the administrative licence and had the right to request a waiver before the hearing was opened by the facilitators.
The applicant, the jurists apply for the avoidance, and the head of the administrative body that organizes hearings shall decide whether to avoid.
The hearing shall be conducted in accordance with the following procedure:
(i) The moderator checked the identity of the witness and declared the disciplinary action of the hearings, confirming whether the applicant, the owner and the owner had applied for the avoidance;
(ii) The moderator's announcement of the hearing to clarify that the hearings are conducted;
(iii) Review of the application of the administrative licence and its evidence, rationale;
(iv) The applicant, the stakeholder to present the request and the reasons for the presentation of the evidence;
(v) The review of the staff and the applicant, the owner of the application for administrative licence, which may be justified, qualitatively, in relation to the evidence;
(vi) A final presentation by the applicant, the stakeholder;
(vii) The closing of the hearing by the moderator.
Article 24 should be made available for a hearing, containing the content of the hearing or interrogations and the instruments, evidence, and the statement of objections made in the hearings proceedings.
Article 25 The hearings should be completed at the time when the hearings are signed by the hearingr or by chapter. The author's refusal to sign or chapter shall be recorded in the record.
The participants contested the contents of the hearings, which should be made at the time. The facilitators considered the objection to be established and the recordrs should be corrected or supplemented; they were not established and the recorders should clearly record their objections.
Article 26 The author of the hearing shall not attend the hearing without justification and shall be considered to have waived the right to the hearing.
Article 27, in order to hold administrative licences for hearings, should be based on the evidence contained in the hearings.
Article 28 provides for the implementation of the administrative licence of the following matters, with the exception of the provisions of the law, administrative regulations and regulations, which shall be decided by the executive organs through fair competition, such as tendering, auctions, etc.
(i) Development and use of limited natural resources such as land, mineral deposits, forests, rivers, mountainsheds, beaching, maritime areas, radio frequency;
(ii) The allocation of public resources such as the right to rent the automotive, the right to operate of a bus, the right to operate at a terminal and the right to operate a public route;
(iii) Market access for specific industries such as fuel production and operation, self-water production and operation and sewage treatment;
(iv) Other specific rights granted to citizens, legal persons or other organizations and a number of restricted matters.
In accordance with Article 29, the executive body shall make a administrative licence decision based on the results of testing, testing, quarantine standards and compliance with the statutory conditions for the implementation of the testing, testing, quarantine technology organizations and lists of associated personnel.
Tests, testing, quarantine findings are wrong and the executive body should publish the wrongs on the public information website of this body and implement the lists of professional organizations and associated personnel for testing, testing, quarantine. The professional technical organizations and associated personnel implementing the test, detection, quarantine are legally responsible.
Article 33 The executive body shall perform its oversight duties with respect to the activities of the licensee in administrative licence matters, in accordance with the provisions of the Administrative Accreditation Act.
The executive body should establish a body to receive public reports of activities in violation of administrative permits and to make public the receipt and the reporting of telephones.
The administrative organs should be verified and processed in a timely manner and inform the reporting person.
Article 31, in addition to legal, administrative legislation providing for the conduct of annual trials, annual inspections or other regular inspections, review measures, shall not be subject to an annual review, annual review or other periodic test, review by the executive body.
The executive branch shall not use annual trials, annual inspections or other regular tests, reviews, etc. to create or implement administrative licences.
Article 32 shall be subject to administrative authorization by the executive branch. The applicant, the stakeholder believe that the administrative authority is not subject to administrative permission by law, and that the executive branch and its superior executive organs, the Government's rule of law, the inspection body may also apply for administrative review or administrative proceedings in accordance with the law.
Article 33 should establish a robust administrative licence complaints regime to designate specialized agencies responsible for receiving and dealing with complaints of administrative authorizations against this administrative organ and to make public the institutions and telephones that receive complaints.
The executive branch shall receive written complaints and shall give the complainant a written return.
The executive body shall investigate, process complaints and inform the complainant in writing within 20 working days of the date of receipt of the complaint. Special circumstances require extensions, with the consent of the head of the executive branch and the extension of time to inform the complainant.
Article 34 of the Constitution of the Government of the People's Republic of the city, district, district or district is responsible for receiving complaints from citizens, legal persons or other organizations concerning the application of administrative licences by the executive branch.
The State's rule of law institutions at the municipal, district and district levels receive written complaints, and the complainant should be given written back to the author.
The State's rule of law institutions at the municipal, district and district levels should investigate, process complaints and inform the complainant in writing within 20 working days of the date of receipt. Special circumstances require extensions, with the consent of the head of the executive branch and the extension of time to inform the complainant.
Article XV monitors the application of administrative licences by the executive branch and its staff, by law, to receive complaints and complaints.
Article XVI governs the application of administrative licences by the executive branch at the municipal, district and district levels.
In the case of inspection, investigation and investigation by the State's rule of law institutions at the municipal, district, district and district levels of the executive branch of the administration, the executive branch should provide information on the facts, do not provide information or obstruct the inspection, and the Government of the rule of law agencies inform the Government of the people at this level.
Article 338, the State's rule of law institutions at the municipal, district, district and district levels have found that the executive branch does not carry out administrative licences in accordance with the law, and the executive organs should be tasked with redressing, failing corrective actions by the executive branch, to inform the Government of the people at this level and to provide administrative disposal to the competent and other persons directly responsible by their superior administrative organs or the inspectorate.
The executive organs implementing administrative permits should be sent to the current authorities in the first quarter of each year for administrative authorizations, including requests for administrative licences, implementation, licence, complaints, application of administrative review, administrative proceedings and their results, and should be made available on the public information website of the body.
The Government's Legal Institutions are responsible for conducting an analysis, study and making observations and recommendations on the application of administrative licences by the executive organs of the city.
Article 40 Civil, legal or other organizations may make observations and recommendations to the municipal, district, district and district-level rule of law institutions on the establishment and implementation of administrative licences.
Article 40 of the Government's rule of law, in accordance with the provisions of laws, regulations and superior executive organs, cleans the administrative licence matters and makes the results public.
Article 42 provides for the application of the provisions of this provision in respect of administrative organs by law, legislation and organization that authorizes the application of administrative licences.
Article 43