Hainan Province, The Implementation Of The People's Republic Of China Interim Measures For Administrative Licensing Law

Original Language Title: 海南省实施《中华人民共和国行政许可法》暂行办法

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(June 29, 2004, Hainan Provincial people's Government at the 39th Executive meeting on June 30, 2004, Hainan Provincial people's Government, the 178th promulgated as of July 1, 2004) Chapter I General provisions article in order to regulate the establishment and implementation of an administrative license, ensuring the effective implementation of administrative license and supervise the executive authorities, in accordance with the People's Republic of China Law on administrative licensing, these measures are formulated.
    Second this approach applies to the provincial levels, the implementation of administrative licensing organ and authorizes the implementation of administrative licensing and oversight of the organization.
    The implementation of administrative licensing organ in these measures, refers to the implementation of the administrative license according to law of the people's Governments above the county level and their departments, agencies and township (town) people's Government.
    Authorized organizations mentioned in these measures refers to legal and authorized rights to administer public affairs functions of the statutory mandate, the implementation of administrative licensing in their own name.
    Are authorized to organize these measures shall apply to the provisions relating to the implementation of administrative licensing organ.
    Third provincial people's Government is responsible for the province's administrative bodies and authorized the Organization of the supervision of the implementation of administrative licensing and implementation.
    City and county people's Government responsible for the departments, agencies and township (town) people's Government oversight in the implementation of the administrative license.
    Provincial departments and agencies are responsible for the supervision of subordinate parts of the system the implementation of administrative licensing work.
    People's Governments above the county level and their departments a legal working body commissioned by the authority, which is responsible for the implementation of administrative licensing organ the daily supervision of the implementation of administrative licensing.
    Fourth article implementation administrative license of following matters, should take in announcement bar announcement, in government public publications Shang published, or in news media and network Shang released, form to social public: (a) implementation administrative license of subject and unified accepted administrative license application, and unified served administrative license decided of institutions name; (ii) about administrative license matters, and according to, and conditions, and number, and program and term of provides and requirements applicants submitted of all material directory and applications model text;
    (C) the implementation of administrative licensing organ review of administrative Licensing application process to hear stakeholders views and the holding of hearings, bidding, auction, exam, examination, testing, inspection, and quarantine procedures, (iv) the implementation of administrative licensing organ decision approving an administrative license is made; (v) other matters according to law shall be made public. Chapter II establishment of an administrative license fifth local regulations, provincial regulations can set administrative licensing matters.
    Normative documents of Governments at all levels and their departments can not set administrative licensing items; have set administrative licensing items, shall be invalid.
    Laws and regulations of the administrative licensing items on license requirements, application materials and procedures not specified, provincial provisions could be made.
    Sixth article drafting local regulations, and Province Government regulations draft, intends set and people interests is closely related to, directly effect citizens, and corporate and other organization of right obligations relationship or on this place social, and economic of long-term development has major effect of administrative license, drafting units should held hearing heard parties surface of views, and to province Government report following situation: (a) set the administrative license of feasibility and need; (ii) on citizens, and corporate and other organization interests of specific effect;
    (C) which could have an impact on economic and social analysis (iv) hearings, as well as to adopt or not to adopt the views of the participants in the hearing.
    Seventh draft local regulation, provincial regulations establishment of an administrative license, should develop the implementation of administrative licensing organ, conditions, procedures and time limit, and so on. Eighth article administrative organ following behavior not belongs to administrative license, not applies this approach: (a) on other administrative organ or on its directly management of institutions of personnel, and financial, and Foreign Affairs, matters of approval; (ii) on administrative organ internal affairs of approval; (three) on Government directly investment and injected capital way investment of approval and on State-owned assets disposal of approval; (four) commodity and service of Government guided, and Government pricing and tax relief of approval; (five) commodity barcode of registered, and property registration, and motor vehicle registration
    , And marriage registration, and household registration, and mortgage registration, civil right and civil relationship of confirmed and record registration; (six) high-tech enterprise and project, and brand products of finds, can for production business subject brings returns but not effect its corresponding production business qualification of objective evaluation; (seven) on Administration relative people whether can engaged in specific activities no effect of various assessment evaluation; (eight) used test and detection, means on market products for of daily supervision management;
    (IX) other administrative acts that does not belong to an administrative license according to law. Nineth of administrative licensing items requires approval by the State according to law, provincial regulations may require the applicant to advance to the relevant provincial departments submit application materials, preliminary review opinions issued by the provincial authorities.
    But not without examination and not reported to the contents of the application materials.
    The tenth provincial people's Government, before the expiration of the temporary admission regulations set, provincial professional bodies may be entrusted to the Executive enactment of implementation and evaluation, professional opinions and recommendations shall be reported to the provincial government. Chapter III implementation of administrative licensing of the 11th administrative license shall be determined by the implementation of administrative licensing organ and the authorized organizations according to law.
    Right to the implementation of administrative Licensing administrative licensing organ and tissue, should be published by the people's Governments above the county level. 12th administrative organs need to entrust other administrative bodies of the implementation of administrative licensing, shall be submitted to the provincial people's Government approved and specify the publication and provincial delegate authority and published on the website of the entrusted authorities.
    Published shall include: (I) to delegate the implementation of administrative licensing authority's name, address, contact, (ii) the administrative licensing organ entrusted with the implementation of administrative licensing of the name, address, contact, (iii) delegate specific matters such as the basis for the implementation of administrative licensing.
    13th one more administrative Licensing application to the implementation of administrative licensing organ equipped with multiple agencies to review or provide review comments, the authority shall determine a uniformly accept administrative licensing applications, unified administrative licensing decision.
    14th administrative license law is implemented by two or more departments, the people's Governments at the corresponding level is a Department accept administrative licensing applications, and follow the process through the integration of: (a) applicants fill out a uniform format according to the requirements of the application, together with other relevant applications, apply to the receiving Department.
    (B) the Department after the acceptance of the application, within 3 working days, transferred to the implementation of administrative licensing organ concerned. (C) the implementation of administrative licensing organ after receiving the application materials, in approving an administrative license is within 20 working days or no administrative licensing decision, replies accepted sectors.
    Fails to respond, agree.
    (Four) accepted sector received about administrative license implementation organ of views Hou, about administrative license implementation organ views consistent of, should in 10 a days within made granted administrative license of decided and in made decided of day up 10 a days within applicants issued, and served administrative license certificate; about administrative license implementation organ views inconsistent of, should in 10 a days within will about administrative license implementation organ proposed of granted administrative license of views or made of not administrative license decided told, and served applicants. 15th article approved by the State Council, the provincial people's Governments may decide the implementation of administrative licensing organ is supposed to exercise other administrative license relating to the implementation of administrative licensing organ.
    After the relative concentration of administrative license, relating to the implementation of administrative licensing organ will no longer perform relatively centralized right of administrative license has been continued the implementation of administrative licensing, and its decision on the administrative license is invalid. 16th people's Governments above the county level and their departments approval matters relating to the implementation of administrative licensing organ can be concentrated in one place to clear.
    Sent staff relating to the implementation of administrative licensing organ shall in the centralized location for processing administrative licensing items and accept the authority of the centralized management, and daily administrative license grant set transactional and places directly.
    Centralized location for accept administrative licensing applications, shall, within the prescribed period, and licensing the applicant.
    Centralized site management should develop a specific system, to gain access to the establishment of administrative licensing organ and its supervisory and management staff, coordinated approach to the implementation of administrative licensing authorities issues related to approval.
    17th fourth chapter the implementation of administrative licensing procedures related to the implementation of administrative licensing authority shall, in accordance with the administrative licensing law, provisions of the regulations and rules, on the implementation of each of the specific rules of administrative license.
    Operation rules should including following content: (a) administrative license name, and statutory according to, and authorized organ and decided organ; (ii) administrative license number, and way and conditions, and advisory and complaints of locations, and way,; (three) administrative license application material of copies number, and specifications, and style and format, and accepted administrative license of locations, and time; (four) administrative license program, and time and the administrative license documents effective term; (five) charges standard and annual by needed material,.
    18th administrative licensing action rules on the implementation of administrative licensing organ should be announced to the public, and the implementation of administrative licensing organ accept administrative Licensing application for Office publicity. 19th laws, rules and regulations on administrative licensing is provided for application materials, the implementation of administrative licensing organ rules of operation shall not increase requires the applicant to provide additional application materials; laws, regulations and rules does not provide for, the implementation of administrative licensing organ must be expressly prescribed in the rules of operation. The implementation of administrative licensing organ may not require an applicant to give public notice within the materials.
    Lower the implementation of administrative licensing authority has examined material, superior provided the implementation of administrative licensing organ may not require an applicant to repeat.
    The implementation of administrative licensing organ applicants fill in the application form of administrative license text, table may not contain applications for administrative licensing items not directly related to the content and information. 20th the citizens, legal persons or other organizations considered that the implementation of administrative licensing organ operating rules do not meet the laws, rules and regulations, you can review recommendations to the people's Government above the county level in writing, study on the legal work of the people's Governments above the county level bodies and, if necessary, to the relevant authorities for review and comments.
    If the implementation of administrative licensing organ operating rules do not meet the laws, rules and regulations, the people's Governments above the county level shall be ordered to correct. 21st should in the first instance of an administrative license law, the basis of rules and regulations.
    Not according to the laws, rules, regulations, and administrative organs must not be a higher administrative authority or requiring subordinate administrative organs the administrative Licensing application to the first instance.
    The 22nd under any of the conditions of the implementation of administrative licensing organ shall be the implementation of administrative licensing is based on the laws, rules, regulations and other normative documents published on this website full text available for public free download.
    The implementation of administrative licensing organ approving an administrative license is decided it should be published on the official website, for inspection by the public free to download; public download search results requires the implementation of administrative licensing organ signatures, the implementation of administrative licensing organ should be confirmed.
    Administrative licensing organ for administrative license applicants to provide free administrative licensing Guide. 23rd the implementation of administrative licensing organ should improve the system of procedures relating to hear stakeholders views to help applicants, interested parties statements and representations.
    All persons meeting conditions and standards of administrative licensing, shall make a decision on the administrative license within the statutory deadlines, applicant; administrative licensing conditions are not met, standard, it shall make no decisions of an administrative license, the applicant.
    24th the implementation of administrative licensing organ of the following administrative licensing items, you can make decisions on the spot: (a) administrative permit only a formality examination is needed, (ii) meets or meet the conditions of administrative licensing, standards, people can make a judgment and (iii) not involving citizens ' personal rights and property rights, as well as public safety and the public interest. Administrative license applicants to submit application materials are complete, a written commitment with the specified forms of, in principle, the implementation of administrative licensing organ shall receive and make a written decision on the administrative license on the spot.
    Need to issue certificates for administrative license, the administrative organ shall, when making a decision on the administrative license, certificate of administrative license issued to the applicant on the spot.
    Implementation of administrative licensing matters decided on the spot to the specific directory, determined by the provincial people's Government.
    25th article meet administrative license matters spot decided of, applicants should truthfully fill in administrative license application and commitment format instruments, showed that its think has meet about administrative license matters of requirements, and on following content made commitment: (a) by fill in content real; (ii) has knows and willing to comply with engaged in a a specific activities by must followed of legal, and regulations, and regulations; (three) for not real commitment or against commitment, will bear corresponding of legal responsibility.
    Applicant may authorize an agent to apply for administrative license, but according to law by the applicant should be given to the implementation of administrative licensing organ premises except in respect of administrative Licensing application.
    26th article administrative license implementation organ accepted administrative license application Shi, should one-time written told following content, and free provides application material fill in description and the model sample: (a) administrative license matters according to of legal, and regulations, and regulations and meet administrative license of conditions, and standard; (ii) engaged in a a specific activities by must followed of legal, and regulations, and regulations of provides and the industry specification; (three) administrative relative people should submitted of related information, and administrative organ handle program and time;
    (D) whether administrative counterpart commitment administrative counterpart for not true promise or breach shall bear legal responsibility; (e) the implementation of administrative licensing organ that should inform any other content. Written notice shall not contain administrative licensing items not directly related to the content.
    Application materials submitted by the applicant are incomplete or not in compliance with the statutory form, the implementation of administrative licensing organ shall at once inform all applicants need to supplement the content on the spot. 27th canceled administrative licensing matters, and the implementation of administrative licensing organ may not continue.
    Former administrative licensing matters concerning management matters can be treated in accordance with the following provisions: (a) ownership by citizens, legal persons or other organizations to engage in that activity, (ii) from industry associations, professional institutions in accordance with the law or in other way management; (c) in accordance with the General works functions ex post supervision and management.
    Cancellation shall also pass other administrative supervision of administrative licensing items, the relevant administrative authority should develop and implement follow-up measures and approaches to supervision, prevent management line.
    28th administrative licensing organ receiving administrative license applicant materials or the admissibility of the application and certificate with the seal of the authority and to the applicant should indicate in writing of the date of receipt; do not receive or do not receive, you should indicate the reason.
    Article 29th of laws, rules and regulations did not require the license certificate validity period, the implementation of administrative licensing organ may stipulate that the term of validity of permits without authorization.
    30th the implementation of administrative licensing organ's written commitment of administrative license period is shorter than the statutory period, the implementation of administrative licensing organ shall make a decision on the administrative license within the time limit.
    The implementation of administrative licensing authorities before making a decision on the administrative license, legally required consultation assessment, review, and consultation with evaluation, review time does not count legal administrative licensing decisions are made within the time limit, but the time required for the implementation of administrative licensing authority shall inform the applicant in writing.
    31st applicant change of administrative licensing items, the implementation of administrative licensing authority shall take a decision in accordance with the procedures for administrative licenses.
    The implementation of administrative licensing organ changes its decision on the application of administrative licensing terms to the applicant, provisions of laws, regulations and rules, shall be handled in accordance with the laws, rules and regulations; stipulated by laws and regulations, the regulations are not applicable to the implementation of administrative licensing authorities for administrative Licensing application deadline for the first time.
    32nd article administrative license matters has following case one of of, County above Government and work sector should organization hearing: (a) has II people above while application or administrative license decided may effect competition opponents of; (ii) limited natural resources utilization, and public resources configuration and directly relationship public interests of specific industry of market access, administrative license no through enrollment bid of; (three) for major city based facilities transformation, and land and housing demolition of; (four) other law should organization hearing of case.
    33rd the administrative license hearings of administrative licensing decision by the proposed administrative licensing organ tissue.
    The 34th record of hearing shall include the following information: (a) the basic situation of hearing; (b) the statement of the participants in the hearings and evidence, (c) hearing matters of disagreement and (iv) in accordance with the relevant provisions of other content shall be recorded. Hearing shall be subject to participants in the hearing, the hearing officers and clerks checking signatures.
    The implementation of administrative licensing organ should be made according to the record of hearing whether to administrative licensing decision.
    Fifth chapter, supervision and inspection article 35th of the administrative licensing law, regulations did not stipulate that the licensing annual review, annual inspection or periodic inspection, review, the implementation of administrative licensing organ administrative licensing items shall be made to the annual audit, inspection or periodic inspection and review.
    36th article of administrative licensing organ based on testing, inspection, and quarantine administrative licensing decision on the results, the implementation of administrative licensing agencies should publicize the legal test, inspection, and quarantine standards and implementation of the testing, inspection, and quarantine lists of professional and technical institutions and personnel. 37th article found illegal implementation of administrative license, all units and individuals have the right to complain to the local people's Governments and their departments and information.
    People's Governments and their departments at all levels should set up telephone hotlines and complaint box, establishing and perfecting the law complaints, reporting the implementation of administrative licensing system.
    38th finds the implementation of administrative licensing organ is not the people's Government above the county level shall perform or unauthorized operation of administrative licensing rules shall be ordered to correct; it refuses, announced the change of the administrative licensing action rule is not valid, administrative responsibility and accountability for the implementation of administrative licensing organ in charge.
    39th evaluation mechanism for the implementation of administrative licensing organ shall establish social supervision, periodically or regularly held seminars, questionnaires to consult public views on the implementation of administrative licensing, to discover and solve problems in a timely manner. 40th city, County and province people's Government departments shall, in the first quarter of each year to the provincial people's Government a written report of the organs and agencies implementation of administrative license for the last year, including the implementation of administrative licensing matters, applications for administrative license, the administrative licensing results, applicants apply for administrative reconsideration or bring an administrative complaint or litigation, and so on.
    The reports shall be specified by the provincial people's Government publications and posted on the website.
    41st article County above Government can through following form on administrative license implementation organ implementation administrative license situation for inspections supervision: (a) in concentrated handle administrative license of locations presence supervision personnel; (ii) on implementation administrative license of staff for assessment, and question; (three) on administrative license implementation situation for Social Survey; (four) on accepted of administrative license complaints, and reported case for survey processing; (five) legal, and regulations, and regulations provides of other form.
    42nd administrative license has any of the following circumstances shall change or withdrawal of an administrative licensing decision, recovery has been issued a certificate of administrative license: (a) the matters under administrative license is based on the laws, regulations and rules have been modified or annulled; (b) the administrative license is based on the significant changes in the objective circumstances. Changes, withdrawal of administrative license, the administrative licensing organ shall make a written decision, note changes, withdrawal of the legal basis for the administrative license or basis in fact.
    Changes, withdrawal of an administrative license to citizens, legal persons or other organizations resulting in property damage, change, withdraw the licensing authority shall be compensated according to law.
    43rd article administrative license has following case one of of, should revoked administrative license decided, recovered has issued of administrative license documents, but revoked administrative license may on public interests caused major damage of, administrative organ shall not revoked: (a) administrative license implementation organ staff abuse, and negligence made granted administrative license decided of; (ii) administrative license implementation organ and staff beyond statutory terms made granted administrative license decided of;
    (C) the implementation of administrative licensing organ violates due process decision on approving an administrative license is made; (iv) the applicant does not qualify or do not meet the statutory requirements of an administrative license; (v) the applicant obtained by fraud, bribery or other improper means of administrative license and (vi) other circumstances as may revoke the decision on the administrative license according to law. Revocation of administrative licensing decision, the implementation of administrative Licensing Agency shall make a written decision and inform the licensee of the annul of an administrative license law and facts.
    Revocation of administrative licensing damages the legitimate interests of the licensee, subject to this clause (v) items, the implementation of administrative licensing organ shall compensate. 44th revoking administrative license can only be set by the laws and regulations, applicable to an administrative license by licensee after cases of serious violations.
    The implementation of administrative licensing organ before revocation of administrative licensing decisions are made, shall inform the person penalized has the right to request a hearing, the person penalized hearing requirements set out, and the implementation of administrative Licensing Agency shall organize the hearing.
    45th article administrative license has following case one of of, administrative license implementation organ should cancellation administrative license, and written description reason, recovered administrative license documents or be announcement: (a) administrative license validity expires not continued of; (ii) gives citizens specific qualification of administrative license, the citizens death or lost capacity of; (three) corporate or other organization law terminated of; (four) administrative license law was revoked, and change, and withdrawn or administrative license documents law was revoked of;
    (E) the administrative licensing items cannot be implemented due to force majeure (vi) laws, regulations, administrative license shall be revoked under other circumstances.
    46th people's Governments and their departments at all levels should establish a major decision on the administrative license system and the system of accountability for the implementation of administrative licensing, in discharging its oversight responsibilities.
    47th the implementation of administrative licensing organ shall establish administrative license file management system, in the implementation of administrative licensing and formed in the process of supervision and inspection of materials should all be archived for future reference.
    Sixth chapter legal liability section 48th administrative licensing matters, or does not comply with the laws, rules and regulations, and by the people's Government of the people's Governments at the corresponding level, or level revoked the administrative licensing items; for managers and persons directly responsible shall be given administrative sanctions.
    49th article administrative license implementation organ violation this approach has following case one of of, by its superior administrative organ or administrative monitored organ ordered corrected, depending on plot weight on its directly is responsible for of competent personnel and directly responsibility personnel give administrative sanctions; to party caused directly economic loss of, should law compensation: (a) on meet statutory conditions of administrative license application not accepted, and not license or not in statutory term within made administrative license decided of;
    (Ii) on unified handle administrative license transferred of administrative license matters not according to provides time and requirements handle or not in concentrated handle places publicity law should publicity of matters of; (three) not issued written accepted notification or not law description not accepted application, and not license reason of; (four) not according to provides will license of matters, and according to, and range, and conditions, and number, and program, and term, needed submitted of all material directory and applications model text and complaints phone be publicity of;
    (Five) unauthorized charged administrative license costs or not according to project and standard charged administrative license costs of; (six) unauthorized delegate other organization or to features institutions name implementation administrative license of; (seven) on not meet statutory conditions of applicants granted administrative license or beyond statutory terms made administrative license decided of; (eight) other violation legal, and regulations, and regulations implementation administrative license of behavior.
    50th administrative licensing organ does not perform its administrative licensing duties of supervision and inspection of serious consequences or lack of supervision and inspection, the higher administrative authority or an administrative supervisory organ shall order the correct within directly in charge of personnel and accorded demerit or degraded by the persons directly responsible for any consequences are serious, administrative sanctions shall be removed from Office until the dismissal of the case constitutes a crime, criminal responsibility shall be investigated according to law.
    51st article administrative license implementation organ staff violation this approach, has following case one of, yet constitute crime of, by its where organ, and superior organ or administrative monitored organ depending on plot weight give administrative sanctions: (a) illegal set administrative license matters, on has implemented unified handle, and concentrated handle of administrative license matters still continues to in original units accepted or on law has was canceled of administrative license matters still continues to license of; (ii) ultra vires or violation statutory program implementation administrative license of;
    (Three) in handle administrative license matters in the, unauthorized charges or improve charges standard, on has canceled of charges project still continues to charged or disguised charged costs of; (four) accept was license people bribery, and hosted, and gift money real, and securities and paid voucher or will I and the relatives should is himself paid of costs by was license people claims of; (five) deliberately bewilders was license people of; (six) in administrative license in the engages in, abuse of; (seven) other violation legal, and regulations, and regulations of behavior.
    52nd levels of administrative licensing organ of Legislative Affairs Agency found that under circumstances as provided in and his staff have violated these measures, can contribute to the higher administrative authority or recommendations dealing with the administrative supervisory organs, competent authorities shall be dealt with according to law.
    53rd citizens, legal persons or other organizations considered that the implementation of administrative licensing organ and its staff in the course of the implementation of administrative licensing violations of laws, rules, regulations and violations of their legitimate rights and interests as provided herein, may apply for administrative reconsideration or bring an administrative suit.
    54th administrative licensing organ of the seventh chapter schedule implementation of the administrative licensing items of administrative examination and approval, can be performed with reference to these regulations.
    55th to specific problems in the application of these measures, by the provincial Office of Legislative Affairs is responsible for the interpretation.
    56th article of the rules take effect on July 1, 2004.

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