Anhui Province, Several Provisions The Implementation Of Administrative Licensing

Original Language Title: 安徽省实施行政许可若干规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
(June 21, 2004 Anhui Province Government 14th times Executive Conference considered through June 28, 2004 Anhui Province Government makes 167th, announced since July 1, 2004 up purposes) first chapter General first article to specification administrative license of implementation, protection citizens, and corporate and other organization of lawful rights and interests of, maintenance public interests and social order, guarantees and supervision administrative organ effective implementation administration, according to administrative license method, combined this province actual, developed this provides.
    Article the implementation of administrative licensing authorities at all levels in the province (hereinafter referred to as licensing authority) implementation of administrative license, the administrative organs oversee the implementation of administrative licensing, these provisions shall apply.
    Article III the implementation of administrative licensing shall be in accordance with legal authority, scope, conditions and procedures.
    Fourth article the implementation of administrative licensing shall follow the principles of openness, fair, equitable, efficient and convenient.
    Fifth people's Governments above the county level should establish supervision and inspection of administrative licensing system for licensing authorities, strengthen the supervision and inspection of licensed authorities the implementation of administrative licensing, licensing authorities legitimate, reasonable and fair exercise of the power of administrative approval.
    Licensing authority should be of an administrative license by citizens, legal persons or other organizations (hereinafter the licensee) to supervise the activities of administrative licensing items effectively.
    Not an administrative license by citizens, legal persons or other organizations, engaged in the activities of the administrative licensing items without authorization, shall be investigated and dealt with according to law.
    Chapter II public article sixth provincial licensing authorities at all levels the implementation of administrative licensing, except State secrets, business secrets or personal privacy is involved, but should be open. Seventh article County above Government established Chief Service Center or administrative service center (following collectively Chief Center) of, Chief Center should unified released announcement, announced following matters: (a) implementation administrative license of according to and the specific terms; (ii) implementation administrative license of conditions, and number, and program and term; (three) application administrative license need submitted of all material of directory; (four) administrative license application book need used of format text; (five) implementation administrative license charges of legal, and
    Administrative regulations and standards and approval authorities; (vi) the name and contact information on the administrative Licensing application; (VII) Chief's name, Office address, contact, (VIII) monitoring, telephone and (IX) other matters which are required by law to public.
    Approved by the people's Governments at the corresponding level in other places inadmissible an application for administrative license, licensing authority shall accept place matters of public notice prescribed in the preceding paragraph.
    Applicants request licensing authorities publicized description, explanation, and permits Agency staff should accept administrative licensing applications description, explain on the spot.
    Eighth article license organ in its statutory terms range within, in accordance with legal, and regulations, and regulations of provides, delegate other license organ implementation administrative license of, should released announcement, announced following content: (a) delegate license organ of name, and Office address, and contact way, and supervision phone; (ii) by delegate license organ and accepted administrative license application of institutions name, and Office address, and contact way, and supervision phone; (three) delegate implementation administrative license of specific matters, and duties permission, and according to and changes situation;
    (D) other matters which are required by law to publish.
    Nineth has licensing authority shall establish and improve the relevant system, the implementation of e-Government, published on the website of the provisions of the licensing organ article seventh administrative licensing items to help applicants take data messages for administrative Licensing application.
    Article tenth licensing authorities to review the administrative Licensing application and found that administrative licensing items directly related to the vital interests of others, shall transmit directly to the interested person administrative license application and copies of application materials; most of the people involved are not specific interests or public interests, the administrative Licensing application and the application materials should be should be publicly announced.
    11th article license organ should according to following provides, told applicants and administrative license term about of matters: (a) according to statutory program, by approved extended made administrative license decided term of, license organ should in term expires Qian told applicants extended term of reasons and reason; (ii) license organ made administrative license decided, law need hearing, and tender, and auction, and test, and detection, and quarantine, and identification and experts review of, license organ should prior will by needed time written told applicants.
    Article 12th body the implementation of administrative licensing, are required by law to the hearing shall be held in public, and specific procedures in accordance with the fourth chapter of this regulation.
    13th licensing authority through public bidding, auctions and other ways to make the administrative licensing decision, shall be heard in public, specific procedures in accordance with the provisions of relevant laws and administrative regulations.
    14th article license organ according to exam results and other statutory conditions made administrative license decided of, should announced following matters: (a) organization implementation citizens specific qualification exam of license organ or industry organization of name, and Office address, and contact way; (ii) Qualification exam of registration conditions, and candidates registered for the approach, and exam subjects and exam outline; (three) made specific qualification of other statutory conditions; (four) exam results.
    15th article license organ according to assessment results made administrative license decided of, should announced following matters: (a) Organization assessment of license organ of name, and Office address, and contact way; (ii) need assessment of professionals constitute, and technology conditions, and business performance and management level, specific content; (three) assessment time, and standard, and grade, and according to, and assessment about of matters; (four) assessment results.
    16th article license organ according to test, and detection, and quarantine results made administrative license decided of, should announced following matters: (a) implementation test, and detection, and quarantine of license organ or professional technology organization of name, and Office address, and contact way; (ii) test, and detection, and quarantine according to of technology standard, and technology specification and developed organ; (three) test, and detection, and quarantine of time, and locations and program; (four) test, and detection, and quarantine results. Article 17th licensing authority making an administrative decision, shall be made public.
    Public's right to review the decision approving an administrative license, licensing authority shall give, refuse.
    Public access to an administrative licensing decision, in accordance with the provisions of the licensing organ copy or excerpt. 18th a licensing authority the licensee is engaged in activities carried out by the inspection of the administrative licensing items and processing of the results shall be recorded and signed by the inspectors of archive.
    Right of public access to licensing authority inspection records, licensing authority shall give, refuse.
    Public access to licensing authority when examining the records, you can copy or extract in accordance with licensing authorities.
    Chapter III procedure article 19th the implementation of administrative licensing shall be shall be determined in accordance with relevant laws, regulations, and procedures.
    20th of the people's Governments above the county level shall set up civic center, licensing authority should be set up in the Center window, unified accept administrative licensing applications, unified administrative licensing decision.
    Except with the approval of the people's Government of the same level, licensing authorities not to accept administrative licensing applications in other places, administrative licensing decision requires licensing authorities headed by multiple agencies, licensing authorities shall determine a uniformly accept administrative licensing applications, unified administrative licensing decision. 21st article license organ received administrative license application material Hou, on application matters belongs to this organ terms range, application material complete, and meet statutory form of, should spot be accepted; on application matters not belongs to this organ terms range of, should spot made not accepted of decided, and told applicants to about license organ application; on application material not complete or not meet statutory form of, should spot or 5th within one-time told applicants need correction of all content, late not told of,
    From the date of receipt of the application materials shall be accepted.
    22nd licensing authority not decided to accept or to reject the complaint on the spot, shall on the date of receipt of the materials administrative license application within 5th, relevant bodies of the organs of the Organization of the application materials are complete and comply with the statutory format for reviewing proposed accept or not to accept an application for administrative license report them in the Bureau for approval.
    Article 23rd licensing authority to accept or not to accept an application for administrative license, an accepting institution shall send to the applicant certificate with the Special seal and date in written form. Article 24th licensing agencies accept administrative licensing applications, an accepting institution shall accept administrative licensing applications within 20th of, relevant bodies of the organs of the Organization of the applicant whether the application meets the legal conditions and standards review, proposed approving or refusing to permit approval of the heads. Cannot make a decision in the 20th, and views of the Organization should be an extension of the deadline, approved by the head of this body, can extend the 10th, and will inform the applicant of the reasons for such further period.
    Otherwise provided by laws and regulations, from its provisions. 25th applicants submitted application materials are complete and comply with the statutory format, permits authorities to take a decision on the spot, shall make a written decision on the administrative license without administrative licensing decision can be made on the spot, should the statutory time limit or is shorter than the administrative licensing decisions are made within the statutory time period.
    Licensing authority within the time limit of administrative licensing decisions are made in advance, it shall immediately notify the applicant. 26th the administrative license law by two or more implementation of the licensing authority, the people's Governments at the corresponding level can determine an institution accept administrative licensing applications, unified administrative licensing decisions authorized by the people's Governments at the corresponding level, can also be handled by the Center organization associated with the license.

    27th the joint handling of administrative license, the host authorities shall on receipt of the administrative Licensing application on that day, organize the relevant licensing authority the application materials are complete and comply with the statutory format for review, to accept or not to accept a written decision of administrative license and certificate with a host body and the relevant licensing authority Special seal and dated written confirmation. Accepting an application for administrative license according to law, competent authorities shall comments should be submitted to the relevant departments through the integration of; can also accept administrative licensing applications on that day, organized on licensing authorities to review the applicant whether the application meets the legal conditions and license commitments made within the term of administrative licensing decision.
    Licensing commitments ahead of decision on the administrative license according to the schedule, it shall immediately notify the applicant. Licensing authority commitment period shall not exceed 45 days. Did not take a decision within 45 days, periods of observations presented by the host authorities, approved by the head of the people's Governments at the corresponding level, you can extend the 15th.
    Organizing authority shall inform the applicant of the reasons for such further period. 28th decision approving an administrative license is made in accordance with law, need to issue certificates for administrative license, licensing authority shall serve an administrative licensing decision at the same time, issuing certificates for administrative license to Licensee.
    A joint, served by the host authorities in a unified decision on approving an administrative license and relevant administrative permit issued to the licensee.
    29th according to law no administrative license, the licensing authority shall make a decision in writing, set forth the reasons for, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Grounds referred to in the preceding paragraph, including: (a) the specific circumstances of the applicant does not meet the legal conditions and standards, (ii) set forth the legal conditions and standards of the relevant laws, rules and regulations and (iii) no administrative license is based on the fact that (iv) should be noted other cases.
    For joint matters, made no decision on the administrative license according to law, the competent authorities shall be in accordance with the provisions of the preceding two paragraphs.
    Article 30th authorities the implementation of administrative licensing, and charge fees in accordance with the provisions of laws and administrative regulations, and by the financial Department of the people's Government in accordance with the interim provisions on the separation of administrative fees collected, Anhui Province, designated financial institutions collect.
    Chapter fourth hearing procedures article 31st administrative licensing hearing, except State secrets, business secrets or personal privacy is involved, but should be open to the public.
    To the hearing of the administrative license applicants and interested parties do not bear the cost of licensing hearing. 32nd laws, regulations, rules and regulations should be hearing the matter, or the licensing authority may consider necessary hearings of other major administrative licensing matters concerning public interest, licensing authority shall, from the date of acceptance of the application in the 20th hearing.
    Otherwise provided by laws and regulations, from its provisions.
    Applicants and interested parties the right to attend the hearing.
    Article 33rd administrative licensing items directly related to the applicant and other significant interests, permission from authorities before making a decision on the administrative license shall inform the applicant, interested parties have the right to request a hearing.
    The applicant, interested parties are informed of the right to a hearing date within 5th hearing application, licensing authorities shall organize hearings in the 20th.
    34th article in accordance with this provides 32nd article provides organization of hearing, interest relationship people not determine or number many of, license organ should in held hearing of 7th Qian, announcement hearing of matters, and time, and locations, and way, and told interest relationship people to license organ for registration; interest relationship people determine and number less of, license organ should in held hearing of 7th Qian, will hearing of matters, and time, and locations and way written told applicants, and interest relationship people.
    In accordance with article 33rd organization of the hearings, licensing authority shall, before hearing the 7th, hearing matters, time, place, and inform in writing the applicant or interested party.
    Large numbers of applicants, interested persons can elect representatives to the hearing.
    35th licensing authority before the hearing, shall be hearing matters, time, place and manner of CC the people's Governments at the corresponding level the Department of Legal Affairs. Article 36th hearing presided over by 1 hearing, 1 to 2 clerk responsible for the records.
    The hearing officer, the court clerk reviewed by the licensing authority from the staff of the administrative Licensing application other than specified in the Authority's staff. Hearing officer shall be qualified as an administrative hearing.
    Administrative hearing officer's qualification requirements formulated by the provincial government.
    37th the hearing officer, the Court Clerk shall have any of the following circumstances shall withdraw, the applicant, interested parties have the right to ask his withdrawal: (a) is to review the staff of the administrative Licensing application; (ii) the administrative licensing items close relatives of the applicant or his agent, (iii) and other interested in the matters under administrative license, may affect the impartiality of the hearing.
    Withdrawal of the presiding hearer, decided by the head of the licensing organ; clerks of avoidance by the hearing officer decisions. Article 38th review staff should participate in hearings of the administrative Licensing application.
    To request a hearing, interested parties may entrust an agent to participate in the hearing of the applicant.
    39th before the hearing began, introduced by the clerk of the hearing officer, the court clerk, to the hearing of the applicants, interested parties and their agents, staff members review applications for administrative license; read the hearing disciplines; asked whether the applicant or interested party applying for withdrawal. 40th article hearing by following program for: (a) review administrative license application of staff statement review situation, provides related evidence; (ii) applicants statement application administrative license of facts and reason, provides related evidence; (three) interest relationship people statement and administrative license application matters has interest relationship of facts and reason, provides related evidence; (four) hearing host on and administrative license application about of problem for asked, and survey; (five) applicants, and interest relationship people, and
    Review staff debated, evidence of administrative license application; (vi) the hearing officer consulting final opinion of the parties to the hearing; (VII) hearing officer announced the end of the hearing.
    The evidence provided by an applicant or interested party, the hearing should be accepted.
    41st has one of the following situations, the presiding hearer may decide to suspend hearings: (a) the applicant or an interested person due to causes of force majeure and its agents not to participate in the hearing, (ii) the applicant or interested party applying for withdrawal, need to wait for approval, and (iii) other circumstances that warrant the suspension hearing.
    Suspension hearing disappeared, licensing authority shall resume hearings in a timely manner, and timely notice of the time and place of the hearing the applicant, interested parties or their agents.
    42nd under any of the following circumstances, the hearing officer's decision to end the hearing should be made: (a) the applicant withdraws the application for administrative license; (b) the death or termination of the applicant, and (iii) death or termination of the interested, and there is no heir or successor to the rights and (iv) shall terminate the hearing of the case. Article 43rd record shall be kept of the hearing.
    Hearing record should contains Ming following matters: (a) applicants, and interest relationship people and agent, review administrative license application of staff name or name, and address; (ii) hearing host, and clerk name; (three) held hearing of time, and locations and way; (four) review administrative license application of staff proposed of processing recommends and the according to of facts and evidence; (five) applicants, and interest relationship people statement of facts, and reason and proposed of evidence; (six) debate and quality card of content;
    (VII) the hearing officer deems the record of other matters. Record shall be the applicant, interested parties, review of administrative staff to conduct a review of the applications for leave to correct signature or seal.
    Refuses to sign or seal, by writing in the hearing in the hearing record.
    Hearing reports and other dossier into the hearing, the public right of access.
    44th after the end of the hearing, the hearing officer shall write a report hearing and be reported to the head of this body together with the hearing.
    Article 45th hearing reports include the following: (a) the basic situation of hearing, (ii) applicants on licensing matters, interested parties and their agents request made, facts, reason and evidence, (iii) review of the application for leave to staff views on the handling of administrative Licensing application; (d) hearing of administrative Licensing application comments.
    Article 46th licensing authority shall, according to hearing transcripts, hearing reports and associated evidence to make a decision on the administrative license.
    47th hearing copies of reports shall be sent to the Legislative Affairs Department for the record of the hearing.
    Fifth chapter of supervision and inspection article 48th higher administrative authorities should strengthen supervision and inspection on subordinate administrative organs to implement the administrative licensing, correct the violations in the implementation of administrative licensing.
    49th above county level people's government supervisory organs in accordance with their respective responsibilities and government legal departments, responsible for supervising the licensing authorities check routine. Supervisory organs in charge of accepting acts of violating the implementation of administrative licensing report, complaint, make a decision according to law.
    Government legal departments are responsible for reviewing the level of government sector and lower level people's Governments involved in normative documents of administrative licensing items basis, content, procedures, time limits, charges the legitimacy and the legality of specific administrative acts, and to supervise the implementation of administrative licensing, and put forward opinions, reported the people's Governments at the corresponding level decisions. 50th license administration shall establish a comprehensive monitoring system, through the verification of licensee engaged in related materials administrative license activities, carry out its oversight responsibilities.

    Licensing authority shall create conditions to achieve licensee, a higher administrative authority and other relevant administrative organs in computer file systems, verification of administrative licensing matters concerning activity of the licensee, to accept the supervision of the Executive.
    51st supervision of administrative licensing examination should be conducted daily monitoring with the special inspection, active monitoring and reporting combined to handle complaints, specialized agencies of supervision and the principle of combining social supervision.
    52nd article any organizations and individuals discover illegal activities of the matters of administrative license, the right to Executive reporting administrative organ shall investigate and handle in a timely manner, and to inform the informers.
    53rd article on license organ of supervision check, can take following form: (a) heard license organ of situation reported; (ii) check out implementation and supervision implementation administrative license of file information; (three) observation handle administrative license matters of process; (four) check after regulatory measures implementation situation; (five) to was license people and other organization and personal understand about situation; (six) law can take of other form. 54th higher administrative authority can the licensing authorities the implementation of administrative licensing hearing, tenders, auctions and examination activities, on-site supervision.
    Other activities of the licensing authorities the implementation of administrative licensing, the written review and on-site inspection. 55th higher administrative authorities conduct supervision and inspection over the licensing authority should appoint 2 or more staff.
    Anhui provincial administrative law enforcement supervision staff shall produce the permit or work permit.
    56th supervision and inspection of the licensee, may take the following forms: (a) ask licensees of administrative license, (ii) review implementation of administrative license documents; (c) observe the process of the implementation of administrative licensing matters and (iv) to other organizations and individuals to understand the situation and (v) other forms that can be taken in accordance with law.
    57th article license organ law on following places and matters, for site supervision check: (a) on was license people of production business places law for field check; (ii) on was license people production business of products law for sampling check, and test, and detection, on directly relationship public security, and personal health, and life property security of important equipment, and facilities, for regularly test; (three) on was license people perform utilization natural resources obligations situation for survey;
    (D) on the direct relationship between industry-specific market access of administrative license in the public interest the licensee to fulfil universal service obligations, as well as the quality of service, to investigate (v) laws, regulations, site supervision and examination of other matters. Article 58th authorities conduct supervision and inspection over the licensee shall appoint 2 or more staff.
    Staff shall produce to the administrative enforcement of Anhui Province permit or work permit.
    Article 59th organs exercising supervision and inspection shall be without prejudice to normal production and operation activities of the licensee shall not solicit or accept a licensee's property, shall not seek other interests.
    60th 69th article one of the administrative licensing law, licensing organ or the higher administrative authority, according to the request of the interested party or ex officio, may annul of an administrative license according to law.
    Licensee by fraud, bribery or other improper means an administrative license shall annul of an administrative license in accordance with law. In accordance with the provisions of the first paragraph of this article annul of an administrative license, damages the legitimate interests of the licensee, the administrative organ shall give compensation. In accordance with the provisions of the second paragraph of this article of the annul of an administrative license, the licensee based on administrative permission make benefit from protection.
    Annul of an administrative license in accordance with the preceding two paragraphs, may cause significant harm to the public interest, it shall not be annulled.
    61st 70th provides one of the administrative licensing law, the cancellation of the licensing authority shall, in accordance with the law on administrative licensing procedures.
    Sixth chapter legal responsibility 62nd article license organ and staff has following behavior one of of, about organ should ordered corrected, on directly is responsible for of competent personnel and other directly responsibility personnel (following said license fault responsibility people) give warning, and demerit or remember than of administrative sanctions: (a) no statutory according to unauthorized implementation administrative license of; (ii) not determine a institutions or not through accepted institutions unified accepted administrative license application, and unified served administrative license decided of;
    (Three) is not accepted places publicity law should publicity of administrative license matters and application by needed of about material of; (four) in accepted, and review, and decided administrative license process in the, not to applicants, and interest relationship people perform statutory told obligations of; (five) not one-time told applicants must correction of all application material of; (six) not law description not accepted application or not approved of reason of; (seven) not in statutory term within made administrative license decided of; (eight) law should held hearing and not held hearing of.
    63rd article license organ and staff has following behavior one of of, about organ should ordered corrected, on license fault responsibility people give demerit or remember than of administrative sanctions; plot serious of, give downgraded or dismissed of administrative sanctions: (a) to applicants proposed not due requirements of; (ii) not through this level government financial sector specified of financial institutions unified charged costs of; (three) no due reason on meet statutory conditions of application not accepted, and not approved of.
    The charges for second offence relates to the preceding paragraph, shall be recovered in accordance with law. 64th article license organ and staff has following behavior one of of, about organ should ordered corrected, on license fault responsibility people give remember than or downgraded of administrative sanctions; plot serious of, give dismissed until fired public of administrative sanctions: (a) on not meet statutory conditions of application be approved or beyond statutory terms made approved decided of; (ii) law should according to tender, and auction results or exam results preferred made approved decided of, without tender, and auction or exam, or not according to tender, and
    Auction or test scores merit making approval decisions and (iii) does not perform its oversight duties of administrative license or lax supervision caused serious consequences.
    65th Chief Centre and its staff have provided 62nd, 63rd, 64th, one of the acts listed in article, in accordance with the provisions of that article.
    Article 66th fault responsible for one of the following acts, shall be given a heavier treatment: (a) refuse to provide fault-related documents, information and other necessary conditions; (b) the transfer or destruction of the evidence, and (c) fault case of the complainant, informant cases employees, complainants or retaliation.
    67th leave liability for people investigated by the supervisory authority or authorities in accordance with the statutory authority to appoint and remove, and procedures.
                                                  Seventh chapter supplementary articles article 68th these provisions come into force on July 1, 2004.

Related Laws