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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

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(Adopted by the 14th ordinary meeting of the Government of the People of Anguébé Province on 21 June 2004 No. 167 of the Order of the People's Government of Anguégué, dated 28 June 2004)

Chapter I General
Article 1, in order to regulate the implementation of administrative licences, protect the legitimate rights and interests of citizens, legal persons and other organizations, preserve public interests and social order, guarantee and monitor the effective implementation of administrative administration by the executive branch, and establish this provision in the light of the administrative licence law.
Article 2
Article 3 shall apply administrative licences in accordance with the statutory competence, scope, conditions and procedures.
Article IV imposes administrative licences and should be guided by the principles of openness, justice, equity, efficiency and public access.
Article 5 Governments of more people at the district level should establish a monitoring system for the enforcement of administrative licences by the licensor, strengthen the supervision of the licensor's administrative licence and promote the legitimate, reasonable and impartial exercise of the administrative licence authority of the licensor.
The licensor shall carry out effective oversight of the activities of citizens, legal persons or other organizations (hereinafter referred to as licensor) that obtain administrative permission.
Civil, legal or other organizations that do not obtain administrative permission should be inspected in accordance with the law.
Chapter II Public provisions
Article 6. The granting authority at all levels of the province shall be open unless it relates to State secret, commercial secret or personal privacy.
Article 7
(i) The basis for the application of administrative licences and specific provisions;
(ii) Conditions, quantities, procedures and deadlines for the implementation of administrative licences;
(iii) To request a directory of all submissions required by administrative licences;
(iv) Formal text that is required for administrative licence applications;
(v) The application of the law on administrative licence charges, the basis of administrative regulations and fees and the approval authority;
(vi) The name and contact of the body subject to the application of administrative licences;
(vii) The name, address and contact of the Centre;
(viii) Monitoring, reporting of telephones;
(ix) Other matters that are required by law.
Subject to the approval by the Government of the people at this level of the application for administrative licences in other places, the licensor shall make matters set out in the prescription.
The applicant requests that the licensor provide clarifications and explanations on the content of the demonstration, and that the licensor's staff who are subject to administrative licence requests should be explained and explained at the time.
Article 8. The licensor, within its statutory mandate, shall entrust the other licensor with the application of administrative licences, in accordance with the provisions of the law, regulations and regulations, and shall publish the following:
(i) The name of the licensor, the place of office, the means of communication and the supervision of the telephone;
(ii) The name, office address, contact and supervision of telephone calls by the licensor and its body entrusted with the application of administrative licences;
(iii) Procedural matters, terms of reference, basis and modification of administrative licences entrusted to them;
(iv) Other matters that are required by law.
Article 9. The licensor shall establish and refine the relevant system, promote e-government, publish administrative licence matters under Article 7 of this Article on the licensor's website, and facilitate the application of administrative licences by the applicant, such as data ITU.
Article 10, when the licensor examines the application for administrative licences, found that administrative licence matters directly related to the major interests of others, should be transferred directly to the stakeholder to the application for administrative licences and to the copy of the request for material; and that the application for administrative licence and the request for material should be made public in relation to the interests of a majority or the public interest.
Article 11. The licensor shall communicate to the applicant matters relating to the administrative licence period, in accordance with the following provisions:
(i) In accordance with the statutory procedures, the licensor shall notify the applicant of the reasons and reasons for the extension period before the expiration of the deadline;
(ii) The licensor shall make an administrative licence decision requiring a hearing, tendering, auction, inspection, quarantine, identification and expert evaluation by law, and the licensor shall communicate the required time in writing to the applicant in advance.
Article 12. The licensor shall apply administrative licences, which are required by law, shall be held in public and shall be executed in accordance with the provisions of chapter IV of this provision.
Article 13. The licensor shall make administrative licence decisions, including through tendering, auctions, which shall be open and shall be executed in accordance with the provisions of the relevant laws, administrative regulations.
Article 14.
(i) To organize the name, office address, contact modalities of the licensor or industry organization that conducts the examination of citizenship;
(ii) The conditions for the presentation of the examination, the examination, the examination subjects and the examination outline;
(iii) Other statutory conditions for obtaining specific qualifications;
(iv) Examination achievements.
Article 15. The licensor shall make a administrative licence decision based on the results of the examination, and shall make the following matters:
(i) The name of the licensor, the place of office, contact;
(ii) Specific elements such as the composition, technical conditions, operational performance and management levels of professionals required to be evaluated;
(iii) Matters relating to the conduct of the examination, criteria, hierarchy, and basis of the examination;
(iv) Examination of results.
Article 16: The licensor shall make an administrative licence decision based on the testing, testing and quarantine results, and shall make the following matters:
(i) The name, office address, contact modalities of the licensor or professional technical organization for the implementation of tests, testing, quarantine;
(ii) Technical standards, technical norms and institutions that test, test, quarantine base;
(iii) Time, location and procedures for testing, testing, quarantine;
(iv) Testing, testing, quarantine results.
Article 17 Decisions on granting administrative licences by the licensor shall be made public. The public has the right to access the decision to grant administrative permission and the licensor shall be convenient and shall not be denied.
Public access to the decision to grant administrative permission may be either reprinted or reproduced in accordance with the provisions of the licensor.
Article 18 Supervision and treatment of the activities carried out by the licensor in administrative licensor matters should be recorded and archived by the supervisor. The public has the right to access the inspection records of the licensor, which shall be convenient and shall not be denied.
Public access to the inspection records by the licensor may be printed or reproduced in accordance with the provisions of the licensor.
Chapter III Implementation process
Article 19 Implementation of administrative licences shall be governed by the procedures established under the relevant laws, regulations and this provisions.
Article 20 has been established by the Government of the more people at the district level, where the licensor should set up a service window at the Principality Centre, harmonize the application for administrative licences and harmonize the delivery of administrative licence decisions.
In addition to the approval of the Government of the people at this level, the licensor shall not receive an application for administrative licences in other places to be sent to an administrative licence decision; the licensor shall identify an institution to accept the application for administrative licence and to harmonize the provision of administrative licence decisions.
Article 21, upon receipt of administrative licence requests, the licensor shall, in full and in accordance with the statutory form of the request, be admissible; the decision that the application is not within the terms of reference of the organ shall be made inadmissibility and shall be communicated to the applicant to the relevant licensor; the non-exhaustiveness of the application or incompatible with the statutory form of the request shall be communicated to the applicant within one time or more of the date of receipt of the submission of the request for the information.
The licensor shall not decide at the time to be admissible or inadmissible and shall, within 5 days of the receipt of the administrative licence application, review the fullness of the application and whether it is in accordance with the statutory form by the relevant organ of the organization, recommend the approval by the head of the present organ of the opinion on the admissibility or application of administrative licence.
Article 23. The licensor shall receive or be in a position to claim administrative licence, and the receiving body shall give the applicant a copy of the special seal and a written certificate indicating the date indicated.
Article 24 allows the licensor to enter into an administrative licence application, which shall, within 20 days of the date of receipt of an administrative licence application, review the applicant's application in accordance with the statutory conditions and standards, propose the approval of the holder of the granting or non-administrative licence. No decision could be taken within 20 days, the receiving body should make the views of the extension period, which, with the approval of the head of the organ, could extend 10 days and communicate the reasons for the extension period to the applicant. The law, legislation and regulations provide otherwise, from their provisions.
Article 25. The applicant's submission is fully and in accordance with the statutory form in which the licensor is able to make a written administrative licence decision at the time of the decision; it is not possible to make an administrative licence decision at the time of the time, or within the time of the commitment to a short period of time. The licensor shall make an administrative licence decision in advance of the commitment period and shall immediately inform the applicant.
Article 26 Administrative licences are carried out in accordance with the law by more than two licensies, which may be determined by the Government of the current people to accept administrative licence requests, to harmonize the award of the administrative licence; and to be co-organized by the Principal Government or by the relevant licensor.
Article 27, jointly governed by administrative licences, shall organize a review by the relevant licensor of whether the request material is fully and in accordance with the statutory form, make written decisions for the admissibility or inadmissibility of administrative licences and obtain a copy of the special seals of the host organ and the relevant licensor and written evidence of the date indicated.
The competent organ shall be governed by the law in respect of the application of administrative licence and shall communicate to the relevant authorities, subject to separate advice; or, on the date of receipt of the administrative licence application, the relevant licensor shall conduct a review of the applicant's application in accordance with the statutory conditions and shall make administrative licence decisions within the time period of the commitment of the licensor. The licensor shall make an administrative licence decision in advance of the commitment period and shall immediately inform the applicant.
The duration of the commitment of the licensor shall not exceed 45 days. No decision could be taken within 45 days, with the views of the host authorities on the extension period, which could be extended by 15 days, with the approval of the head of the Government. The host body shall communicate the reasons for the extension period to the applicant.
Article 28 makes a decision to grant administrative licences in accordance with the law and requires the granting of administrative licences, which shall be granted to the licensee in conjunction with the award of administrative licences. Jointly, the host agency, while reaching the administrative licence decision, issued administrative licences to the licensee.
Article 29 does not require administrative permission by law, and the licensor shall make a written decision, specifying the grounds and inform the applicant of the right to apply for administrative review or to initiate administrative proceedings in accordance with the law.
The reasons stated in the preceding paragraph include:
(i) The applicant does not meet the specific circumstances of the statutory conditions and standards;
(ii) Relevant laws, regulations, regulations and regulations that contain statutory conditions, standards;
(iii) The facts on which no administrative licence is based;
(iv) Other situations should be described.
On matters of joint work, the competent organ shall be governed by the provisions of the preceding paragraphs.
Article 31 imposes administrative licences and collects fees in accordance with the provisions of the law, administrative regulations, and is charged by the Principal Government's Finance Department in accordance with the provisional provision for the collection of separate charges for the administrative cause of Anguéa.
Chapter IV Procedure for hearing
Article 31 of the administrative licence hearings should be made public, except in relation to State secret, commercial secret or personal privacy.
The administrative licensor participating in hearings does not assume the costs of organizing hearings with the licensor.
Article 32, law, regulations, rules and regulations should be heard, or the licensor considers other important administrative licence matters involving public interest requiring hearings, which shall be organized by the licensor within 20 days of the date of receipt of the application. The law, legislation and regulations provide otherwise, from their provisions.
The applicant, the owner of the relationship shall be entitled to participate in the hearings.
Article 33 directly concerns the important relationship between the applicant and others, and the licensor shall notify the applicant and the owner of the right to request a hearing before making an administrative licence decision.
The applicant, the stakeholder shall organize hearings within 5 days of the date on which the right to hearing is heard.
Article 34, in accordance with article 33, provides for the organization of hearings, the licensor is uncertain or numerous, and the licensor shall communicate the matter, time, place and manner of the hearing to the licensor and inform the licensor of the registration of the licensor to the licensor; the licensor shall determine and have fewer numbers, and the licensor shall communicate the matters, time, place and manner of the hearing to the applicant, the owner.
Pursuant to article 33 of this provision, the licensor shall communicate the matter, time, place and manner of the hearing to the applicant, the owner and the person.
The number of applicants, stakeholders is large and can be chosen to participate in the hearings.
The licensor shall, prior to the organization of a hearing, reproduce the matters, time, place and manner of the hearing to the rule of law sector of the Government of the people at this level.
Article XVI of the hearings was chaired by a hearing facilitators and 1 to 2 authors were responsible for the record. The facilitators, the author of the hearing shall be appointed by the licensor by the licensor from the staff of this organ other than the staff reviewing the administrative licence application.
The moderator shall be eligible for an administrative hearing. The terms governing the qualifications of the moderator are developed by the Government of the Provincial People.
In one of the following cases, the moderator and the author should be avoided, and the applicant, the jurists also have the right to request a waiver:
(i) A staff member reviewing the administrative licence application;
(ii) Near relatives of the applicant or his agent of the administrative licence;
(iii) Other stakes with this administrative licence may affect fair hearings.
The custoded by the licensor was decided by the licensor; the evasion of the author was decided by the moderator.
A staff member reviewing the application for administrative licence shall participate in the hearing. The applicant for hearing and the stakeholder may be entrusted with the hearing.
Prior to the commencement of the hearing, the author was briefed by the author on the moderator, the author, the author and his agent of the hearing, the staff reviewing the administrative licence application; the reading of the hearing disciplinary; and asked whether the applicant, the owner and the stakeholder had made a request for a waiver.
Article 40
(i) Review of the status of the review by the staff requesting administrative licences and provide relevant evidence;
(ii) The applicant submits the facts and reasons for the application of administrative licences and provides the relevant evidence;
(iii) The owner's presentation of the facts and grounds conducive to the application of administrative licences and the provision of relevant evidence;
(iv) The hearing facilitators enquired, investigate questions relating to administrative licence requests;
(v) The applicant, the stakeholder, the staff reviewing the application for administrative licences conduct debates and evidence;
(vi) To consult the moderator on the final views of the parties to the hearings;
(vii) The closing of the hearing by the moderator.
The evidence provided by the applicant, the stakeholder concerned should be accepted.
In one of the following cases, the moderator may make a decision to suspend the hearing:
(i) The applicant or the stakeholder and his or her agent are unable to participate in the hearing;
(ii) The applicant, the stakeholder, for the purpose of making a request for evasion, is awaiting approval;
(iii) Other cases where hearings should be suspended.
After the suspension of the hearing, the licensor shall resume the hearings in a timely manner and shall communicate the time, place of the hearing to the applicant, the stakeholder or his agent in a timely manner.
In one of the following cases, the moderator shall make a decision to terminate the hearing:
(i) The applicant withdrew the application for administrative licence;
(ii) Applications for death or termination;
(iii) The death or termination of the relationship and the absence of the successor or the right to suffer;
(iv) Other cases where hearings should be terminated.
Article 43 should produce a notice. The hearings should contain the following matters:
(i) The applicant, the stakeholder and his or her agent to review the names or names of the staff applying for administrative licences;
(ii) The name of the facilitators, the author;
(iii) Time, place and manner of hearings;
(iv) Examination of the facts and evidence submitted by staff applying for administrative licences;
(v) The facts, rationales and evidence presented by the applicant, the stakeholder;
(vi) The content of the debate and the evidence;
(vii) The moderator considers other matters to be recorded.
The notice shall be communicated to the applicant, the stakeholder, the staff reviewing the administrative licence application without delay to sign or chapter. The author of the hearing was confirmed by the author.
The public has the right to access the hearings and other material generated by the hearings.
After the adjournment of the forty-fourth hearing, the moderator shall write a hearing report and report to the head of the body in conjunction with the hearings.
Article 42 contains the following:
(i) Basic circumstances of hearings;
(ii) The applicant, the stakeholder and his agent's request, facts, reasons and evidence concerning the licence;
(iii) Review of the treatment of administrative licence requests by staff applying for administrative licences;
(iv) The moderator's comments on the administrative licence application.
Article 46 shall be subject to an administrative licence decision based on hearings, hearings and related evidence.
Article 47 of the hearings and hearings reports should be sent to the Government's rule of law sector.
Oversight inspection
The executive branch of article 48 should strengthen the supervision of the executive authorization of the lower administration and correct the offences in the application of administrative licences in a timely manner.
In accordance with their respective responsibilities, more than 49 people's government inspectorate and the Government's rule of law sector are specifically responsible for monitoring the day-to-day work of the licensor.
The inspectorate is responsible for the prosecution of acts of administrative licence in violation of the law, the charges and the decision taken by law. The Government's rule of law sector is responsible for reviewing the basis, content, procedures, time frames, legitimacy of fees and the legitimacy of specific administrative actions in the normative documents of the Government and the next level of the people's government, and for monitoring the application of administrative licences and providing advice on the actions taken by the Government.
Article 50 should establish a robust oversight system to carry out oversight responsibilities through verification of material reflecting the participation of the licensee in administrative licence activities.
The licensor shall create the conditions for achieving the interconnection of the computer archives system with the licensee, the superior administration and other relevant administrative bodies to verify the licensee's participation in administrative licence matters and to receive oversight by the superior administrative body.
Article 50 of the administrative licence monitoring inspection should adhere to the principle of a combination of daily oversight with specific inspections, a combination of proactive oversight and receipt of complaints reports, oversight by specialized agencies and social oversight.
Any organization or individual found guilty of an act of administrative licence shall be entitled to report to the executive branch; the executive body shall promptly investigate, process and inform the person of the investigation.
Article 53 examines the supervision of the licensor and may take the following form:
(i) To receive reports from the licensor;
(ii) Access to documentation for the implementation and monitoring of administrative licences;
(iii) To observe the process of processing administrative licence matters;
(iv) Examination of follow-up regulatory measures;
(v) Information about the licensee and other organizations and individuals;
(vi) Other forms that may be taken by law.
The superior administrative organ of article 54 may conduct on-site oversight of the activities of the licensor to carry out administrative licences, tenders, auctions, examinations and other activities. Other activities for the application of administrative licences by the licensor are carried out in writing and on-site inspections.
More than two staff members should be assigned to the supervisory and inspection of the licensor by the superior administrative body of article 55. Staff members should present administrative law enforcement certificates or work certificates in Anguar.
Article 56 inspection of the licensee may take the following form:
(i) Inquired about the application of administrative licences by the licensee;
(ii) Access to documentation for the implementation of administrative licences;
(iii) To observe the process of implementing administrative licence matters;
(iv) Information about other organizations and individuals;
(v) Other forms that may be taken by law.
Article 57 licensor conducts on-site inspections in accordance with the law of the following places and matters:
(i) To conduct field inspections by law of the licensee's place of production;
(ii) To conduct periodic inspections of products produced by the licensee in accordance with the law for sampling, testing, testing, testing and testing, essential equipment, facilities and facilities for direct public safety, hygiene, life and property safety;
(iii) To investigate the implementation by the licensee of the obligation to exploit natural resources;
(iv) An investigation into the licensee to obtain administrative permission for market access in specific industries that are directly related to public interest, the obligation to conduct universal services and the quality of services;
(v) Laws, regulations stipulate that other matters of inspection should be monitored on the ground.
Article 588 licensor conducts on-site inspections of licensees and shall assign more than two staff members. Staff members should present administrative law enforcement certificates or work certificates in Anguar.
Article 59 of the licensor carries out monitoring inspections without prejudice to the normal production operation of the licensee, shall not seek or receive the property of the licensee, nor shall it seek other benefits.
Article 60 provides that an administrative licence may be revoked by law, either by a licensor or by its superior administrative authority, at the request of the stakeholder or on the basis of its mandate.
The licensee shall obtain administrative permission by deceasing, bribeing, etc., and shall be subject to the law.
In accordance with paragraph 1 of this article, an administrative licence shall be withdrawn and the legitimate rights and interests of the licensee shall be compromised by the executive branch. In accordance with paragraph 2 of this article, the benefits obtained by the licensee on the basis of administrative licences are not protected. In accordance with the provisions of the preceding paragraphs, the withdrawal of administrative licences may cause significant damage to the public interest.
Article 61 contains one of the circumstances under article 76 of the administrative licence law and the licensor shall deal with the cancellation of administrative licences in accordance with the law.
Chapter VI Legal responsibility
Article 62 is one of the following acts by the licensor and its staff, and the authorities should be responsible for recturing and giving warning, excessive or excessive administrative disposal to the competent and other direct responsibilities directly responsible (hereinafter referred to as the licensor).
(i) There is no statutory basis for self-executing administrative licences;
(ii) It is uncertain whether an institution or, through the acceptance body, harmonizes the application for administrative licence and transmits administrative licence decisions;
(iii) In the absence of an indication by law of the administrative licence matters and the material required for application;
(iv) In the process of admissibility, review and decision-making of administrative licences, the applicant and the stakeholder have not fulfilled their statutory notification obligations;
(v) Not to inform the applicant of the need for the full application material to be added;
(vi) The grounds for non-acceptance or non-approval are not provided by law;
(vii) No administrative licence decision has been taken within the statutory period;
(viii) The law shall hold hearings without hearing.
Article 63/3 The licensor and its staff have one of the following acts, and the authorities should be responsible for redirecting the administrative disposition of the licensor who has been or has taken over; in the case of serious circumstances, giving downgrading or dismissal to the administration:
(i) The applicant's non-mandatory requirement;
(ii) The failure to collect fees through financial institutions designated by the Government's financial sector;
(iii) No application for compliance with the statutory conditions is justified and not approved.
The charges incurred in connection with the second violation of the former paragraph were recovered by law.
Article 63 quantify the licensor and its staff have one of the following acts, and the authorities should be responsible for reordering and granting administrative disposition of the licensor to the extent that the licensor has taken over or downgraded; and, in the event, to the extent of the dismissal until the administrative disposition of the dismissal of the public office:
(i) Approval of applications that are not in accordance with statutory conditions or go beyond the statutory mandate;
(ii) In accordance with the law, approval decisions should be made in accordance with the terms of solicitation, auction or examination, without solicitation, auction or examination, or inadmissibility of approval based on tenders, auctions or examinations;
(iii) The failure to perform administrative licensor oversight functions or oversight in accordance with the law has serious consequences.
Article 65 of the Constitution and its staff are dealt with in accordance with the provisions of article 62, article 63, and article 64.
Article 46 licensor with one of the following acts shall be dealt with again:
(i) To reject the provision of documents, information and other necessary information relating to wrongdoing;
(ii) Transfer or destruction of relevant evidence;
(iii) Counter reprisals against the complainant, the Prosecutor, the accused or the contractor of the error.
Article 67 gives the licensor the administrative disposition, which is governed by the authority or procedures of the inspectorate.
Chapter VII
Article 68