Key Benefits:
(Adopted by the 21st ordinary meeting of the Government of the Republic of Vavuhan on 28 June 2004, No. 157 of the Order of the People's Government of Vavuhan on 30 June 2004 (Act of 1 July 2004) Article 1 establishes this provision in the light of the relevant provisions of the National People's Republic of China's administrative licence law (hereinafter referred to as the administrative licence act) in order to regulate the administrative licence hearings of the city and protect the legitimate rights and interests of citizens, legal persons and other organizations. Article 2 Article 3: The following administrative licence matters shall be communicated to the society prior to the decision on administrative licences and hearings: (i) Major urban planning, construction and management matters; (ii) Significant matters in urban infrastructure construction, such as municipalities; (iii) Significant matters in the social cause of science and technology, education, culture, health and sports; (iv) Major social security and welfare matters; (v) Other important matters closely related to the interests of the mass; (vi) Legal, regulatory and regulatory provisions should be heard. Article IV: The executive body shall notify the applicant and the owner of the right to request a hearing before the administrative licence decision is taken: (i) multiple applicants apply for a limited number of administrative licences; (ii) Administrative licence matters that have a direct impact on the environmental interests of the neighbouring person; (iii) Administrative licence matters that have a significant impact on the direct economic interests of the applicant and others; (iv) Administrative licence matters that relate directly to the major interest of others. Article 5 Implementation of administrative licence hearings should be guided by the principles of legality, openness, impartiality, the efficiency and guarantees of the legitimate rights and interests of the parties. In addition to involving State secret, commercial secret or personal privacy, hearings should be held in public. Article 6 provides for the organ of the organization to decide on matters within the scope of Article 3 and Article IV of this Article. In accordance with the law, decisions on administrative licences should be reviewed by more than two executive organs, and the executive body ultimately decides to organize hearings. The rule of law institutions of the organization of hearings or the relatively independent non-administrative licensor review body are responsible for the organization of hearings. Article 7. The moderator shall be responsible for the specific presidence of the hearing and the recorder shall be responsible for the recording of the evidence and the production of the hearings. The moderator was appointed by the head of the body of the hearing organization, who was appointed by the hearing facilitators. Article 8 (i) Staff of the hearing bodies; (ii) Acquainted with the provisions of the hearings, with a certain organizational capacity to be competent to the work of the facilitators; (iii) Education with higher colleges; (iv) Other conditions set forth in laws, regulations and regulations. Article 9 (i) A thorough, objective and impartial hearing of the views of the participants; (ii) Identifying the time, place and manner of holding hearings; (iii) Decides to suspend or extend hearings; (iv) To verify the identity and competence of the witness participant and its commissioner; (v) Maintain the order of hearing and put an end to violations of the rules of hearings; (vi) In relation to evidence of administrative licences, grounds for hearing; (vii) To require the hearing to provide or supplement evidence; (viii) Other functions conferred under this provision. Article 10 The moderator and the recorder are one of the following: (i) The reviewer of the present administrative licence application; (ii) The applicant, the stakeholder and the close relatives of the reviewor of the present administrative licence application; (iii) Other personnel who have direct stake in the application of this administrative licence. Article 11. Hearing participants included applicants, stakeholders and staff reviewing the administrative licence application as required. The applicant, the stakeholder may be personally involved in the hearings or may sign the commissioner's letter, entrusting one to two persons to participate in the hearings. Article 12. The executive body shall carry out administrative licence matters under Article 3 of this Article and shall organize hearings within 20 days of the date of receipt of the application for administrative licence. The executive body shall inform the society of the matters, time, place, and the registration, selection of the witness participants by 7 years of the hearings. The executive body shall carry out administrative licence matters under article 4 of this Article, and shall communicate to the applicant a hearing letter to inform him of the right of the owner to require hearing. The applicant, the stakeholder should submit a request for hearing in writing to the executive branch within five days of the date of the right to be heard, which was not submitted for hearing, as a waiver of the request for hearing. In accordance with the procedures set out in the preceding paragraph, the applicant, the stakeholder may waive the request for hearing, and the executive branch may not hold hearings and make administrative decisions in accordance with the law on the basis of a comprehensive, objective and impartial review of the administrative licence application. Article 13 (i) The applicant's application for administrative licences may directly involve a significant interest between the applicant and others, and the executive branch, prior to the administrative licence decision, shall be informed of the right to require hearing by a citizen, legal or other person directly affected by the administrative licence decision. (ii) In contrast, the executive branch should send a hearing to the stakeholder; the relentless; the executive branch should inform the society and request the stakeholder to register. (iii) The stakeholder shall request a hearing request to the executive branch, in accordance with the notification or notice requirements of the executive body provided for in the previous subparagraph. (iv) The number of stakeholders is represented by the stakeholder; it is difficult for delegates to make it possible to select representatives in a fair and open manner, such as drawing lots. Article 14. The executive body shall organize hearings within 20 days of the request for hearing by the applicant, the stakeholder, and shall communicate the notice of the hearing to the applicant, the owner, and, if necessary, the notice of the hearing before the hearing. The notice of the hearing shall contain such elements as the time, place, manner, name of the hearing moderator and the right to apply for the custodian. Prior to the commencement of the hearings, the moderator shall check the identity of the hearing participants, confirm whether the applicant, the jurists request the application of the hearing facilitators and the recordingr. The applicant, the facilitators apply for the evasion of the hearing facilitators, who shall report to the head of the executive branch to decide whether to avoid it; the applicant's circumventation shall be decided by the hearing facilitators. Article 16: The hearings are conducted in accordance with the following procedures: (i) The moderator reads the hearing disciplinary; (ii) The reviewer of the application for administrative licence provides evidence, grounds and administrative licence review recommendations for the application of the hearings procedure; (iii) The applicant, the stakeholder to present evidence, reason and make statements and pleas concerning the application of administrative licences; (iv) The reviewer, the applicant, the stakeholder in the application of administrative licences and the legal application of the licence, and the evidence provided by other hearing participants. All evidence relating to the application of administrative licences shall be presented in a hearing, a certificate of quality; (v) A final presentation by the applicant, the stakeholder; (vi) The closing of the hearing by the moderator. The hearing was confirmed by the participant or by the name. The hearings should be produced. The hearings should contain the following: (i) Administrative licence application; (ii) The name of the moderator; (iii) The name and place of the witness record; (iv) The name or name, address of the participant; (v) The time, place and manner of the hearings; (vi) Evidence, grounds and administrative licence review recommendations for the application of the hearing procedure by administrative licensor for review; (vii) Presentations by the applicant, the person of the person concerned and the defence; (viii) The content of the evidence by the witness participant; (ix) A signature or a chapter of the hearing of the witness to the participant's refusal to sign or resignate, and a statement by the moderator in the hearings. After the hearing, the moderator shall write a hearing report on the hearings and the review of views, together with the hearings, to the executive heads. The executive organs shall make administrative licence decisions based on hearings. One of the following cases may be suspended: (i) The hearing of the participant cannot continue to participate in the hearings for reasons of irrevocability; (ii) In the course of the hearings, new witnesses will be required to re-establish the evidence concerned, to investigate or to communicate the evidence to the site; (iii) Other cases requiring suspension of hearings. After the suspension of the hearings, hearings should be resumed, with the responsibility of the hearing facilitators to hold hearings in accordance with the provisions of this provision. In one of the following cases, hearings can be postponed: (i) The applicant, the owner of the relationship or the legal person, the organization of the dissolution of the organization shall be required to wait for the successor of the right obligation or the legal representative to participate in the hearings; (ii) The applicant, the owner of the relationship may not participate in the hearing due to force majeure; (iii) As a citizen's applicant, the owner lost his/her ability to act, the statutory agent had not been identified. After the elimination of the reasons for the extension of the former paragraph, hearings should be held within 5 days. Article 21: The applicant and the owner have one of the following cases, which is considered to have abandoned the hearing: (i) There shall be no reason to participate in the hearings; (ii) No hearing by the moderator to permit the removal; (iii) Serious violations of the discipline of hearings, which are not stopped. As one of the circumstances set out in the previous paragraph is considered to have waived the request for hearing, no further hearing may be required on the same matter. Article 22 states that the Government of the District shall strengthen the supervision, guidance and the timely redress of the offences committed in the application of administrative licences hearings by the executive branch, which is responsible for the rule of law institutions of the current people. The organization of hearings should report on matters, time and place of hearings to the Government's rule of law bodies and the rule of law bodies could be represented by staff. Article 23, the executive branch and its staff, in violation of the provisions of the Administrative Accreditation Act and this provision, have not been informed by the applicant, the jurists of their legal obligation to communicate the hearing or, in accordance with the law, shall hold a hearing without a hearing, be corrected by their superior administrative organs or by the inspection authority; in exceptional circumstances, administrative disposition of the person directly responsible and other persons directly responsible. The cost of organizing hearings should be borne by the executive branch and the requirements should be included in the budget of this administrative body, which is guaranteed by the current level of finance, without charge of any costs to the applicant and the stakeholder. Article 25 The specific application of this provision is explained by the Government's Office of the Rule of Law. Article 27 |
