Key Benefits:
(Adopted at the 39th ordinary meeting of the People's Government of the Southern Province on 29 June 2004 No. 178 of 30 June 2004 by the People's Government Order No. 178 of 30 June 2004 (Act of 1 July 2004) Chapter I General In order to regulate the establishment and implementation of administrative licences, the administrative authorities are guaranteed and supervised to effectively implement administrative licences, and to develop this approach in accordance with the National People's Republic of China's administrative licence law. Article 2. This approach applies to the administration of licences and supervision at all levels of the province of the executive licensor and the authorized organization. The scheme refers to the executive licensor's executive body, which refers to the people's Government and its working sectors, institutions and communes (communes), which are legally granted administrative permission. This approach refers to organizations authorized by law, legislation and regulations that have the function of managing public affairs and, within the framework of the statutory mandate, carry out administrative licences in their own name. Authorized organizations apply the provisions of the scheme relating to the executive licensing authority. Article 3. The Government of the Provincial People is responsible for monitoring and organizing implementation of administrative licences by all provincial administrations and authorized organizations. The commune government is responsible for the supervision of the work sector, the dispatch of institutions and the commune (communes). The Ministry of the People's Government and the dispatch agency are responsible for the supervision of administrative licences in the work sector under the system. The Government of the people at the district level and its body of work in the rule of law sector are entrusted by this body and is responsible for the day-to-day supervision of administrative licences to the executive licensor. Article IV: The following matters relating to the application of administrative licences shall be taken in the bulletins, in public journals of the Government, or in the form of press and networking: (i) The subject of the application of administrative licences and the name of the body responsible for the harmonization of the application for administrative licences and the uniform delivery of administrative licence decisions; (ii) The provisions on administrative licence matters, the basis, conditions, quantity, procedures and deadlines, as well as the full list of materials and the model text of applications required to be submitted by the applicant; (iii) The executive licensor's observations and the conduct of hearings, tenders, auctions, examinations, vouchers, testing, testing, and quarantine processes in the review of administrative licence applications; (iv) The decision of the executive licensing authority to grant administrative licences; (v) Other matters to be made public by law. Chapter II Article 5 Nor shall normative documents at all levels of the people's Government and its work sector create administrative licence matters; administrative licence matters have been created and are null and void. The administrative licence matters established by law, regulations do not provide for the conditions of the licence, the application of material and procedures, and the Government of the province may make provision. Article 6. Drafting of local legislation, the draft regulations of the Government of the Provincial People's Government, which is intended to create a draft regulations that are closely linked to the interests of the people, directly affecting the rights obligations of citizens, legal persons and other organizations or administrative licences that have a significant impact on the long-term development of the local society, the drafting body shall hold hearings to hear views and report to the Government of the province the following: (i) The feasibility and necessity of establishing the administrative licence; (ii) Specific impact on the rights and interests of citizens, legal persons and other organizations; (iii) Specific analysis of possible economic and social impacts; (iv) The event of the hearings and the adoption or non-application of the views of the participants. Article 7. The drafting of local legislation, the draft regulations of the Government of the Provincial People, which set administrative licences, shall be designed to implement administrative licences, conditions, procedures, deadlines, etc. Article 8 (i) Approval of other administrative bodies or matters relating to personnel, financial, external matters, such as their direct management units; (ii) Approval of the internal affairs of the administration; (iii) Approval of the Government's direct investment and injecting capital flows and approval of State assets disposal; (iv) Government guidance on goods and services, government pricing and approval of tax relief; (v) Recognition of civil rights and civil relations, such as the registration of a commodity minimum, the registration of property rights, the registration of motor vehicles, the registration of marriages, the registration of a household, the registration of mortgages, and the registration of the case; (vi) High-level new technologies enterprises and projects, identification of brand products, etc., can yield benefits for the productive subject but do not affect their objective assessment of their respective production qualifications; (vii) Appraisal assessment of whether the relative administrative authority could not be affected by specific activities; (viii) The day-to-day supervision of market products, such as testing and testing; (ix) Other administrative acts that are not administratively authorized by law. Article 9 provides for an administrative licence to be required by law for approval by the Department of State, and the regulations of the Government of the province may provide that the applicant submits an application in advance to the relevant departments of the Government of the province for the first instance. However, the content of the application cannot be reported without the consent of the first instance. Article 10 Before the expiry of the interim licence granted by the Government of the province, the Government of the Provincial People may entrust professional institutions with an evaluation of the establishment and implementation of administrative licences, and the evaluation observations and recommendations of professional institutions should be presented to the Government of the Provincial People. Chapter III Article 11. The administrative licence shall be carried out by the executive authority and the authorized organization. The executive authority and organizations entitled to apply administrative licences shall be made public by the Government of the people at the district level. Article 12. The executive organs need to entrust administrative authorizations to other executive organs and shall be reported to be accredited by the Government of the Provincial People and to be published on the website of the designated publications of the Government of the province and the organs entrusted and the entrusted organ. The publication should include: (i) Authorize the name, address and contact of the executive licensor; (ii) The name, address, contact form of the executive licensor entrusted with implementing administrative licences; (iii) To commission specific matters such as the basis for administrative licences. Article 13. For an administrative licence application to be subject to review by multiple bodies within the administrative licence enforcement authority or to review opinions, the organ shall determine whether an institution is in charge of the application of administrative licences and shall be harmonized with the administrative licence decision. Article 14. The executive licence is carried out by the two sectors under the law, and the Government of the people at this level may determine the receipt of administrative licence requests in one sector and be consistent with the following procedures: (i) The applicant submits an application to the receiving sector, upon request, for the completion of the harmonized format, together with other relevant requests. (ii) In the course of three working days after the receipt of the application by the department, the relevant administrative licence enforcement body was transferred. (iii) The decision to grant administrative licences within 20 working days or to make no administrative licence to respond to the receiving sector after the administrative licence authority has received the requested material. The late response should be seen as consent. (iv) After receiving the views of the executive licensor concerned, the decision on the granting of administrative licences shall be made within 10 working days and, within 10 working days of the date of the decision, the issuance of administrative licences to the applicant and the delivery of administrative licences; the inconsistency of the opinion of the administrative licensor shall be communicated, within 10 working days, to the applicant, to the extent that the views of the relevant administrative licensor's advice on the granting of administrative licences or to the decision not to be taken. Article 15, with the approval of the Department of State, the Government of the Provincial People may decide whether an administrative licence authority shall exercise administrative licensor of other relevant administrative licensors. Following the relative concentration of administrative licences, the relevant administrative licensor shall no longer exercise the relatively centralized administrative licence authority; continue to carry out administrative licences which are invalid. Article 16 Governments of more people at the district level and their work sectors may concentrate on the approval of the executive licensor. The administrative licensing authority should send staff to conduct administrative licence matters in central locations and to receive a central management of the management body, and assign the day-to-day administrative licensor matters directly to the staff of the centralized premises. Upon receipt of requests for administrative licences in the centralized places, administrative licences shall be closed within the prescribed period and shall be taken to the applicant. The central facility management body should develop a specific system for monitoring and management of the administrative licensor and its staff at the place of entry, and to coordinate the handling of issues related to the approval of the executive licensor. Chapter IV Implementation procedures for administrative licences Article 17 The executive licensor shall establish specific rules of operation for each administrative licence to which it is implemented, in accordance with the provisions of the relevant legislation, regulations and regulations governing administrative licences. The rules should include the following: (i) The name of the administrative licence, the statutory basis, the authority and the decision authority; (ii) Number, manner and conditions of administrative licences, places of counselling and complaints, and modalities; (iii) Number, specifications, sampling and format of administrative licence requests for material, and the location, time of receipt of administrative licences; (iv) Effective duration of administrative licence procedures, time limits and administrative licences; (v) Feed criteria and the material required for the annual inspection. The administrative licence operation rules established by the executive licensor shall be made public to society and shall be made public at the office where the administrative licence application is admissible by the administrative licensor. Article 19 Laws, regulations, regulations and regulations governing the availability of administrative licence requests, the rules governing the operation of the administrative licensor shall not increase the requirement for the applicant to provide other requests; laws, regulations, regulations and regulations do not provide that the rules governing the operation of the administrative licensor must be expressly provided. The executive licensor shall not require the applicant to provide material that is not within the scope of the disclosure. The sub-administrative licensor has already reviewed material and the executive branch of the superior administrative licence shall not require the applicant to repeat the material. The text of the application form requested by the administrative licensor to complete the applicant shall not contain the content and information that is not directly related to the application of administrative licences. Article 20 Civil, legal or other organizations consider that the rules governing the operation of the administrative licensor are not in accordance with legal, regulatory and regulatory provisions, and that the recommendations of the review may be submitted in writing to the Government of the above-mentioned people at the district level for the study of the institution of the rule of law of the Government of the people at the district level and, where necessary, for review by the relevant authorities. If the rules governing the operation of the administrative licensor are not in accordance with legal, regulatory and regulatory provisions, the Government of the people at the district level should be responsible for the change. The first instance of administrative licences should have legal, regulatory and regulatory grounds. There is no legal, regulatory and regulatory basis, and the executive branch shall not conduct the first instance of the application for administrative licences to the superior administrative organ or to the lower-level administrative body. The executive licensor of article 2 shall make it available to the public free download for the full text of the laws, regulations, regulations and other normative documents on the basis of administrative licences. The decision taken by the administrative licensor to grant an administrative licence should be made available on the website of this body for free access and download by the public; the public's access to download requires that the executive authority be confirmed by chapter G of the administrative licence application. The executive licensor shall provide free administrative licences to the licensor. Article 23. The executive licensor shall improve the procedural regime for hearing the views of the person concerned, facilitate the presentation and defence of the applicant, the stakeholder. In order to comply with administrative licence conditions and standards, an administrative licence decision shall be taken within the statutory period to be delivered to the applicant; the decision not to be administratively authorized shall be taken in accordance with the rules of procedure. Article 24 (i) The administrative licence will require only a formal review; (ii) Competency with or compliance with the conditions and standards of administrative licences, which may be judged by the relative; (iii) No citizen's rights, property rights and public safety and public interest. The application submitted by the administrative licensor is fully, written commitments are in accordance with the prescribed form, and the administrative licensor shall receive and, in principle, make a written administrative licence decision. An administrative licence is required, and the administrative authority shall, when making a administrative licence decision, issue the related administrative licence to the applicant. A specific directory of administrative licence matters determined at the time is determined by the Government of the Provincial People. Article 25 is in line with the decision taken at the time of the administrative licence, and the applicant shall, if he or she has completed the administrative licence application and the commitment to the following: (i) The authenticity of the contents completed; (ii) Laws, regulations, regulations and regulations that must be followed by a particular activity; (iii) If there is no real commitment or a breach of a commitment, the corresponding legal responsibility will be assumed. The applicant may entrust the agent with the application of administrative licences, except for the application of administrative licences by the applicant to the office of the administrative licensor. Article 26 When the administrative licensor receives an application for administrative licence, the following shall be communicated in a written manner and free of charge to complete the statement and model samples: (i) The laws, regulations, regulations and conditions and standards in accordance with administrative licences; (ii) The laws, regulations, regulations and industrial norms that must be followed by a particular activity; (iii) Relevant information, procedures and time frames for administration; (iv) Whether the commitment of the relative executive is required, the relative executive is not genuinely committed or is contrary to the legal responsibility to which the commitment is owed; (v) Other elements that should be communicated by the executive licensor. Written notification shall not contain elements that are not directly related to administrative licence matters. The applicant's submissions are incomplete or incompatible with the statutory form, and the administrative licensor shall inform the applicant on a one-time basis of the full content of the request. Article 27 shall not continue to be carried out by the executive licensor under the law. Management matters relating to the original administrative licence matters may be dealt with in accordance with the following provisions: (i) An autonomous decision by citizens, legal persons or other organizations to engage in the event; (ii) Be administered by industry associations, professional institutions by law or by other means; (iii) Procedural oversight in accordance with the general work function. The administrative licence matters that are also subject to regulation through other administrative means should be designed and followed up by the administration to prevent management from disconnections. Article 28 of the Executive licensor shall receive information from the applicant for administrative licence or receive the application, and shall be given to the applicant a written restatement of the seal and the dates indicated; the reasons for non-acceptance or inadmissibility should be given. Article 29 does not provide for an effective period of time for administrative licences, regulations, regulations and regulations, and the executive licensing authority shall not authorize the authorization to establish an effective period of time for administrative licences. Article 31 deadlines for the processing of administrative licences in writing by the executive licensor are short of the statutory period, and the executive licensor shall make administrative decisions within the commitment period. Prior to the administrative licence decision of the administrative licensor, an advisory assessment, evaluation is required by law and the time required for the evaluation, evaluation is not calculated within the time period specified for the administrative licence decision, but the administrative licensor shall communicate the time required to the applicant in writing. Article 31 requires the applicant to apply for changes in administrative licence matters, and the executive authority shall decide in accordance with the procedures for administrative licences. The administrative licensor's time limit for the decision of the applicant to change the administrative licence application is governed by laws, regulations, regulations and regulations; the time period for the application of an initial administrative licence application is not provided for by law, regulations, regulations and regulations. Article 32 contains one of the following cases in which the Government and its working sectors should organize hearings: (i) More than two applications or administrative licence decisions may affect competition counterparts; (ii) Administrative licences, such as limited natural resource development, public resource allocation and market access for specific industries that directly relate to public interest, do not pass tenders; (iii) Major urban infrastructure rehabilitation, expropriation and house demolitions; (iv) Other cases of hearings should be organized by law. Article 33 quater of the administrative licence hearing is organized by the executive authority that is to make administrative licence decisions. Article 34 quaters should include the following: (i) The basic situation of the hearings; (ii) Presentations and evidence of the participants; (iii) Differences on hearings; (iv) Other elements that should be documented in accordance with the relevant provisions. The hearings should be checked by the participants, the hearing and the author. The executive licensor shall make a decision on whether the administrative licence is granted in accordance with the hearings. Chapter V Inspection of administrative licences Article XV does not provide for the annual review, annual review or periodic test, review, and administrative licensor shall not conduct annual reviews, annual inspections or periodic inspections, review of the administrative licence matters that have been made. Article XVI of the Executive licensor's administrative licence decision based on tests, tests, quarantine results, the executive licensor shall make the necessary testing, testing, quarantine standards and implementation of the testing, testing, quarantine criteria and lists of professional technical institutions and personnel. Article 37 found that the administrative licence was carried out in violation of the law, and any unit and individual had the right to lodge complaints and report to the local people's Government and its working sectors. All levels of the people's Government and its work sector should establish a complaints, reporting system, such as telephones and complaint kits, for the sound application of administrative permits in violation. Article 338 The Government of more than communes found that the executive licensor did not implement or otherwise change the rules governing the operation of the administrative licence should be responsible for the change; refused to correct, proclaiming the irremovable content of the administrative licence application rules and accountability for the executive licensor. Article 39 should establish a social oversight evaluation mechanism, either on a regular or non-conventional basis, to issue questionnaires, to seek public views on the implementation of administrative licences and to find and resolve problems in a timely manner. Article 40 The report should be made available on the publications and website designated by the Government of the province. Article 40 (i) A supervisory presence at the location where administrative licences are centralized; (ii) Conduct the conduct of inspections and inquiries for staff performing administrative licences; (iii) Social investigations into the implementation of administrative licences; (iv) Investigation of complaints of admissible administrative licences and reporting cases; (v) Other forms of legislation, regulations and regulations. Article 42 states that there shall be one of the following cases in which the administrative licence has been issued: (i) The laws, regulations, regulations and regulations based on administrative licence matters have been amended or repealed; (ii) The objective circumstances on which administrative licence matters are based have changed significantly. Changes, withdrawal of administrative licences should be made by the executive licensor to make written decisions on changes, the legal basis for the withdrawal of administrative licences or the basis of facts. Changes, withdrawal of administrative licences for property losses caused by citizens, legal persons or other organizations should be compensated by law. Article 43 contains one of the following cases in which the administrative licence shall be revoked and the administrative licence has been issued, but the withdrawal of administrative licences may cause significant damage to the public interest shall not be withdrawn by the executive branch: (i) The staff of the administrative licensor shall abuse their duties and play a role in granting administrative licence decisions; (ii) The executive licensor and its staff shall take decisions to grant administrative licences beyond the statutory authority; (iii) The administrative licensor's decision to grant administrative licences in violation of the statutory procedures; (iv) The applicant does not have an application for qualifications or obtain administrative licences incompatible with the statutory conditions; (v) The applicant obtains administrative licences by means of misappropriation, bribery; (vi) Other circumstances in which administrative licence decisions may be withdrawn by law. Removal of administrative licence decisions, the executive licensor shall make a written decision and inform the licensee of the legal basis and factual basis for the withdrawal of administrative licences. In addition to subparagraph (v) of this article, the administrative licensor shall be compensated by law. Article 44 quantification of administrative licences can be granted only by law, legislation and regulations, and applies to cases where the licensee has serious offences after obtaining administrative licences. Prior to the decision of the executive licensor to revoke administrative licences, the right of the sentenced person to a hearing should be informed that the offender has the right to request a hearing and that the administrative licensor should organize hearings. Article 42 has one of the following cases in which the executive licensor shall write the administrative licence and, in writing, explain the reasons for the recovery of the administrative licence or notice: (i) The expiry of the period of effectiveness of administrative licences; (ii) The administrative licence granted to citizens for specific qualifications, which has died or lost its ability to act; (iii) Individuals or other organizations are terminated by law; (iv) The administrative licence was revoked by law, altered, withdrawn or administrative licensees; (v) Failure to implement administrative licences due to force majeure; (vi) Other circumstances under the law, legislation and regulations should be cancelled. Article 46 should establish a major administrative licence decision-making system and implement an administrative licence accountability system to perform oversight duties. Article 47 shall establish an administrative licence archives management system, and material generated in the course of administrative licence implementation and inspection shall be fully archived. Chapter VI Legal responsibility Article 48 establishes or stipulates that administrative licence matters are not in accordance with the provisions of the law, regulations, regulations and regulations and that the administrative licence shall be withdrawn by the Government of the current people or by the Government of the people at the grass-roots level by law; and that the competent and direct responsible persons directly responsible are treated in accordance with the law. Article 49, in violation of this approach by the executive licensor, is one of the following cases, which is redirected by its superior administrative body or by an administrative inspection authority, depending on the administrative disposition of the competent and direct responsibilities directly responsible for them, and should be compensated by law: (i) Inadmissibility, non-licensation or failure to make administrative licence decisions within the statutory period; (ii) No administrative licence matters for the harmonization of administrative licences for the transfer of administrative licences shall be disclosed by law in accordance with the prescribed time frame and requirements or in the absence of a centralized location; (iii) No written notice of receipt or statement of grounds for non-licensability under the law; (iv) No matter of licence, basis, scope, conditions, quantity, procedures, duration, presentation of the full list of materials and the model text of the application, as well as the reference to the complaint; (v) Receive charges for administrative licences or for failure to collect administrative licence fees in accordance with projects and standards; (vi) Authorize other organizations or conduct administrative licences in the name of the institution; (vii) To grant administrative licences to applicants that do not meet the statutory conditions or go beyond the statutory authority; (viii) Other violations of laws, regulations, regulations and regulations to implement administrative licences. Article 50 of the administrative licensor shall not carry out administrative licensor oversight duties under the law or monitor the serious consequences of the inspections, and their superior administrative organs or administrative inspection bodies shall be responsible for the conversion of their deadlines, the administrative disposition of those directly responsible and those directly responsible for them, the consequences of which are of particular gravity, the granting of dismissal to the administrative disposition of dismissals, and the commission of criminal liability. Article 50, in violation of this approach by a staff member of the administrative licensor, has one of the following cases and has not been committed, and is subject to administrative disposition by its organs, superior organs or administrative inspectorates, as appropriate: (i) The creation of administrative licences in violation of the law, and the continuation of the licence in respect of administrative licence matters that have been harmonized and centralized; (ii) The ultra vires or the application of administrative licences in violation of the statutory procedures; (iii) In the conduct of administrative licence matters, unauthorized charges or fees are raised, and charges are still charged or charged against cancelled charges; (iv) Acceptance of the licensor's bribes, dinners, gifts, price securities and payment certificates or the payment of the expenses incurred by the licensee and the relatives shall be reimbursed by the licensee; (v) deliberately harass the licensee; (vi) Instruction in private fraud and abuse of authority in administrative licences; (vii) Other violations of laws, regulations and regulations. Article 52, the rule of law of the people at all levels, found that the administrative licensor and its staff had a violation of one of the provisions of the scheme and could make recommendations for treatment to their superior administrative organs or administrative inspection bodies, which should be addressed by law. Article 53 citizens, legal persons or other organizations consider that the executive licensor and its staff are in breach of the law, regulations, regulations and this approach, which provide for violations of their legitimate rights, may apply for administrative review or administrative proceedings in accordance with the law. Chapter VII Article 54, administrative approval of non-administrative licence matters by an administrative licence authority may be carried out in the light of the provisions of the scheme. The question of the specific application of this approach is explained by the Ministry's Government's rule of law body. Article 56 of this approach is implemented effective 1 July 2004. |
