Liaoning Province, The Implementation Of Administrative Licensing Procedures

Original Language Title: 辽宁省实施行政许可程序规定

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(June 24, 2004 at the 36th Executive meeting of Liaoning province on June 27, 2004 172th promulgated by the people's Government of Liaoning province as of July 1, 2004) first in order to regulate the implementation of administrative licensing procedures, improve administrative efficiency, and protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law), combined with the province, these provisions are formulated.
    Article in the province within the administrative area of the executive authorities (including laws and regulations authorized organizations) implementation of administrative license, the administrative licensing law and the applicable provisions.
    Article III the implementation of administrative licensing must be carried out in accordance with the statutory procedures, follow the principle of openness, fairness, impartiality, and convenience.
    Fourth people's Governments above the county level and their departments should establish and improve the supervision of the implementation of administrative licensing system and strengthen the supervision and inspection of the implementation of administrative licensing procedures of the Executive, and correct violations in the implementation of administrative licensing in a timely manner.
    Article fifth administrative license applicants or their authorized agent that the Administration Office to apply for an administrative license, the administrative organ shall provide the applicant with the application form of administrative license text, sample text and guiding applicants. Application format text should be concise, easy to understand.
    For rich text to fill out the error and allows the applicant to correct.
    Article the applicant by letter, telegram, telex, fax, electronic data interchange and e-mail form for administrative license application, the executive authorities should be dealt with in light of the circumstances: (a) or required the applicant to the executive authorities in accordance with Law Office application, the administrative organ shall, from the date of receipt of the application within the 2nd applicant to the Office administrative Licensing application on site.
    (B) the application materials are complete and in compliance with the statutory form, the administrative organ shall accept.
    (C) the application materials are incomplete or do not comply with the statutory format, the executive authorities should inform the applicant corrected according to law.
    Apply by letter, telegram, and processing time to accept the postmark; by telex, fax, electronic data interchange and e-mail applications, processing times is subject to recording time of entry into the receiving equipment.
    Seventh in accordance with laws and regulations, administrative authorities need to focus on time to complete the administrative license, the administrative organ shall in the 20th before handling announcements in the media.
    Article eighth more than within the administrative license of executive agencies, the administrative organs shall establish a uniformly accept administrative licensing applications, unified administrative licensing decision, publicity and office space.
    Nineth administrative licensing shall be carried out by two or more departments in accordance with law, the people's Governments at the corresponding level according to local conditions, can organize relevant departments to unified management, joint management, or handling. Organize relevant departments to handle, you should determine a uniformly accept administrative licensing applications, from which views are put forward to the relevant departments through the integration of, and decision on the administrative license.
    Application materials from the relevant Department shall not require an applicant to repeat. Organize relevant departments to jointly financed, should determine if a sponsor, host Department shall inform the applicant of the relevant departments in handling administrative licenses all materials required, and coordinates the work of related departments.
    Need on-site verification by law, by the sponsoring departments organize relevant departments to verify.
    Organizations dealt with by the departments concerned can set administrative Licensing Office, in accordance with the administrative licensing arrangement in the order window dealt with administrative permission.
    Tenth Article administrative license application people submitted of application material complete, meet statutory form of, administrative organ should spot made administrative license decided, but has following situation one of of except: (a) on application material of real content need for verification of; (ii) application matters involved other administrative organ duties and third people interests of; (three) need according to exam, and assessment, and review, and assessment or identification of results made administrative license decided of; (four) legal, and regulations provides cannot spot made administrative license decided of other situation.
    11th administrative authorities are required by law to conduct on-site verification of the substance of the application materials, the executive authorities should 1st advance notice to the applicant.
    Verification verification should take the initiative to show the administrative law enforcement documents.
    12th administrative organ for administrative license application review found administrative licensing items directly related to other production, life, and other important interests, shall be found within 3rd day of informed stakeholders.
    The implementation of administrative licensing law of 13th article be hearing or administrative hearings it deems it necessary, measures for the implementation of the administrative license hearings of Liaoning province, according to the regulations.
    14th approving an administrative license is made by the administrative authority decided that the need to issue certificates for administrative license or labelling, stamped with the seal of the testing, inspection, and quarantine, shall take a decision on the administrative license within 10th of the applicants will be issued, service certificates for administrative license, or labelling, stamped with the seal of the testing, inspection, and quarantine.
    Made no decision on the administrative license of executive authority, shall take a decision within 5th of inform the applicant in writing.
    15th administrative organs shall decide an administrative license is made, should be publicized in their offices or the media, for public inspection.
    16th administrative license according to law should be decided through bidding, the executive authorities should be based on the bidding law, regulations and rules of procedures for tenders.
    After the tendering procedures for the executive authorities to determine the winning bidder, shall make an administrative licensing decision, and awarded to the winning bidder in the 10th or the administrative licensing documents.
    The unsuccessful bidders, the administrative organ shall inform in writing the reasons.
    17th administrative licensing shall be decided by the law through the auction, the administrative organ shall make the auction.
    After the auction process for the executive authorities to determine a buyer, it shall make a decision approving an administrative license and 10th or administrative licensing documents issued to the buyer. Article 18th on examination results to make decision on the administrative license of executive authority, shall publish examination results within 10th of issuance, certificate of administrative license. 10th can not be issued or delivered, and approved by the Department head, extension of the 10th, and make an announcement.
    Only be extended once. Administrative organs in accordance with the applicant's professional structure, technical specifications, performance and management and assessment results for administrative licensing decisions, decision period shall, in accordance with the law on administrative licensing regulations of the 42nd.
    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions.
    Article 19th inspection, inspection and quarantine to licensing the results of, the Executive asked the applicant to the Executive setting the fixed place of testing, inspection, and quarantine, with the exception of special outside the workplace, shall permit the applicant present.
    Administrative body should be in a fixed location public testing, inspection, and quarantine, technical specifications of the technical standards.
    Administrative authorities need to field testing, inspection, and quarantine, notify the applicant should be informed 1st.
    Administrative bodies when performing quarantine inspection, not passed quarantine inspection items shall be dealt with according to law.
    20th administrative organs in violation of the requirements of time limit for the implementation of administrative licensing, and caused damage to the legitimate rights and interests of the parties, shall, in accordance with the State compensation law provides for compensation managers directly responsible and other persons directly responsible shall be given administrative sanctions.
    21st administrative organs the implementation of administrative licensing doesn't require public notice, announcement related matters, shall be ordered by the superior administrative rectify serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions.
                                        22nd article of the regulations come into force on July 1, 2004.