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Dalian Administrative Licensing Procedures

Original Language Title: 大连市实施行政许可程序规定

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(Adopted at the 27th ordinary meeting of the Government of the Grand MERCOSUR on 9 June 2004 No. 41 of the Decree No. 41 of 10 June 2004 on the Government of the Grand MERCOSUR, which was issued as from 1 July 2004)
Chapter I General
Article 1 protects the legitimate rights and interests of citizens, legal persons and other organizations, preserves public interest and social order, guarantees and monitors the effective implementation of administrative administration by the executive organs of the People's Republic of China, and establishes this provision in accordance with the National Charter of Administrative Accreditation.
Article 2 refers to the administrative licence referred to in this article, which refers to the application of the executive organ to grant it to conduct specific activities under the law, legislation, the State's decision and the regulations of the Government of the State of the Republic, in accordance with the laws, regulations, the State of State.
The laws, regulations, the Department of State decided and the regulations of the Government of the Provincial People's Republic set up administrative licences, and their executive organs should be brought together by the Government of the city. The Government of the city does not make public matters and decides to remove administrative licences.
Article 3 shall apply administrative licences to the executive organs at all levels of the city and their working sectors, as well as to organizations authorized by the law, legislation and regulations that manage the functions of public affairs (hereinafter referred to as administrative organs).
Article IV implements administrative licences, which should be guided by the principles of openness, equity and justice, increase efficiency and provide quality services.
Chapter II Application and admissibility
Article 5 Civil, legal or other organizations engage in activities of the municipal people's government to obtain administrative permission and shall apply to the executive organs. The application requires the adoption of the format, which should be used in the form prescribed by the State and the provinces, and the use of the formats reviewed by the Government of the city.
Article 6. The licensor requests a change in administrative licence matters, which shall apply to the executive organs that have taken administrative licence decisions; the period of effectiveness of the administrative licence granted by law shall be extended to the administrative organs that have taken administrative licence decisions by 30 June of the effective expiry of the administrative licence. However, laws, regulations, regulations and regulations provide otherwise in accordance with their provisions.
Article 7. The applicant may entrust the agent with the application for administrative licences (with the exception of the application for administrative licences to be submitted by the applicant to the office of the administrative body by law). The commissioning of an administrative licence shall be submitted to the executive organ for a letter of entrustment signed by the author and the identity of the author.
The applicant may issue administrative licences, such as letters, telegraphs, fax, electronic data exchange and e-mail to the executive branch, which require the use of electronic signatures and the use of electronic signatures by law. The executive body shall appoint a special person to receive the proceedings in accordance with articles 10, 11 and 12 of this provision.
Article 8. The executive body shall carry out administrative licence matters at the level of administrative approval (public services) centres and shall communicate matters relating to administrative licences under the laws, regulations, regulations, regulations, regulations, the number, procedures, deadlines, and the full material inventory and application form required.
The applicant requests the executive branch to provide clarifications and explanations of the content, and the executive body should clarify, explain and provide accurate and reliable information.
Article 9. The executive body shall, as required, prepare a work process map for the approval of administrative licences, the procedures for the conduct of work, time frames, fees projects and standards, and make public information available on the website of the administrative organs, the media or office premises for the applicant.
Article 10. The applicant shall apply for administrative licences and shall submit the material and reflect the true situation to the executive branch, in accordance with the directory of submissions, and shall be responsible for the authenticity of the material application. The executive branch shall not require the applicant to submit material other than the directory.
Article 11 Applications for administrative licences submitted by the executive branch to the applicant shall be processed according to the following circumstances:
(i) The application matter is not included in the directory of the approval project published by the Government and should be communicated to the applicant at the time of receipt;
(ii) The matter of application is not included in the directory of the project approved by the executive branch, which shall, at the time of the decision inadmissibility and inform the applicant of the application to the relevant administrative organs;
(iii) The error in which the request for material may be corrected should be allowed or facilitated by the applicant at the present stage;
(iv) The submission of the material is incomplete or incompatible with the statutory form, and should be communicated to the applicant at any time or within 5 days to the extent that the applicant needs to be filled and that the submission of the requested material is received from the date of receipt;
(v) The application shall be subject to an administrative licence application in the form of a list of items approved by the executive organs, which are fully, in accordance with the statutory form, or where the applicant submits the full request for the replenishment of the material at the request of this administrative body.
The administrative body shall receive or be in a position to claim administrative licence and shall give a written testimony in the form of national or provincial, municipal unity.
Article 12. The administrative licence needs to be handled by a number of institutions established within the executive branch, and the administrative licence application shall be accepted by the first-hand body.
The administrative licence is carried out in accordance with the law by more than two sectors, which can be harmonized by one sector with respect to the application of administrative licences and referrals to the relevant authorities, or through joint processing and centralization.
Article 13 The municipal and district (market) sectors of government work should be established by the end of 2004, the sound government website and the publication of administrative licences to provide the text of administrative licence applications that can be declared or downloaded online. The administrative licence needs to be carried out by more than two sectors, and the administrative authorities should create conditions to achieve interconnection, information exchange and efficiency.
Chapter III Review and decision
Article 14. The executive body shall review the applicant's submissions.
The applicant's submission is in full and in accordance with the statutory form, and the executive body is able to make decisions at the time and shall make written administrative decisions.
The executive body needs to verify the substance of the application materials in writing:
(i) The facts as presented by the applicant's commitment, otherwise the adverse legal consequences;
(ii) Interview with the content reflected in the application material;
(iii) Accreditation of the information available and the contents of the request materials;
(iv) Request other administrative bodies to assist in the verification;
(v) Other written verification of the content of the application.
In accordance with statutory conditions and procedures, the substance of the application is required to be verified in writing or on the ground, and the executive body should assign more than two staff members to verify that work documents should be presented in the field verification.
Article 15 shall be subject to administrative licences decided by the executive branch of the executive branch after review by the lower executive branch, which shall, within the statutory period, communicate first instance opinions and all requests directly to the executive branch. The executive branch shall not require the applicant to repeat the request material.
Article 16, when the administrative authority examines the application for administrative licences, found that administrative licence matters directly related to the important interests of others, should be informed of the owner. The applicant, the stakeholder have the right to make a presentation and the defence. The executive body should hear the views of the applicant and the stakeholder.
A limited number of administrative licences, while multiple applicants submit administrative licence requests, the executive branch shall communicate and hear the views of other applicants before the granting of administrative licences to a part of the applicants.
Article 17 reviews and decides that administrative licences will be required to hold hearings in accordance with the pilot rules for the application of administrative licences in the Grande Town.
Article 18 After a review of the administrative licence application by the executive branch, the administrative licence decision shall be taken in accordance with the prescribed procedure, in addition to the administrative licence decisions taken at the time.
The application of the applicant is in accordance with the statutory conditions and standards, and the executive organs shall make a written decision to grant administrative licences in accordance with the law; incompatible with the statutory conditions, standards, the executive body shall make a written decision without administrative licence in accordance with the law.
A written decision by the executive body to grant administrative licences or to refrain from administrative permission shall be adopted in the form prescribed by the Government of the State, the province or the city.
Article 20 Decisions taken by the executive branch to grant administrative permission require the issuance of administrative licences, which shall be granted to the applicant the following administrative licences in the form of a seal of the executive branch of Gayi.
(i) A licence, licence or other licence;
(ii) Accreditation, qualifications or other qualifications;
(iii) Approval of documents or documentation by administrative organs;
(iv) Other administrative licences provided for by law, regulations.
The executive body implements testing, testing, quarantine and can test, test, quarantine-qualified equipment, facilities, products, goods or labelling or attaching to tests, testing, quarantine seals.
Article 21, the executive body shall keep copies of the administrative licence decisions that have been made and establish a specialized search window in the office premises open. They require administrative permission on matters that give specific rights to the development of limited resources, the allocation of public resources and the market access of specific industries that directly relate to public interest, and should also be made available on the administrative body website for public access.
Article 2 The Government of the city may decide to put an end to the charges.
The executive branch shall carry out administrative licences and shall receive charges in accordance with the administrative licence charges project, standards and administrative approvals (public service centres) issued by the Government of the city. The administrative licence costs for the lifting (received) cannot be charged without publication and published.
Dates of chapter IV
Article 23. The executive body shall make a specific commitment to the duration of the administrative licence, in accordance with the provisions of the law, regulations and regulations, which shall be communicated and implemented by the Government of the people at this level.
Article 24 accepts the application for the extension of administrative licences and shall make a decision on whether to grant continuity before the expiry of the effective period of the administrative licence, which shall be considered to be extended by the decision.
Article 25
Chapter V
Article 26 Procedures for the implementation of administrative licences are governed by this chapter, which does not provide for the application of other relevant provisions of this provision.
Article 27 imposes limited resource development, public resource allocation and market access for specific industries that directly relate to public interest, and requires administrative licences for specific rights matters, and the executive organs should decide through fair competition, such as tendering, auctions, etc. However, the laws, administrative legislation and regulations provide otherwise in accordance with their provisions.
In accordance with the relevant legislation, administrative regulations, the executive branch shall make specific procedures for making administrative licence decisions, including through tendering, auctions.
In accordance with the solicitation, the auction process determines the bidder and the purchase of the licensee, the executive authority shall make a decision to grant administrative permission and, in accordance with the law, grant administrative licences to the marker and the buyer.
In violation of this article, the executive branch may apply to administrative review or to administrative proceedings in accordance with the law or in contravention of tenders, auctions procedures.
Article 28 imposes on occupations, industries that provide public services and directly relate to public interests, requires the determination of administrative licences that have special qualifications, special conditions or special skills, qualifications, which confer specific qualifications on citizens and shall be subject to national examinations, and the executive organs shall make administrative licence decisions in accordance with examination performance and other statutory conditions; confer specific qualifications, qualifications, qualifications on legal persons or other organizations, and administrative authorizations on the basis of the applicant's professional composition, technical conditions, performance and management of the nuclear findings of equal water. However, the law, administrative legislation and regulations provide otherwise in accordance with their provisions.
The examination of the specific qualifications of citizens is carried out by the executive branch or by the industrial organization and is open. The executive body or industry organizations shall publish in advance the names of the eligible examinations, the examination, the examination subjects and the examination outline. However, mandatory pre-qualification examination training may not be organized and teaching materials or other assistance materials may not be designated.
Article 29 imposes important equipment, facilities, products, goods and goods that directly relate to public safety, hygiene and safety of life, and requires administrative authorizations based on technical standards, technical norms, such as testing, testing, quarantine, etc., to be determined by the executive branch in accordance with technical standards, technical norms, testing, testing, quarantine, and quarantine.
The executive body shall carry out testing, testing, quarantine, and shall assign more than two staff members to test, test, quarantine, in accordance with technical standards, technical norms within 5 days of the date of receipt of the application. There is no need for further technical analysis of the testing, detection, quarantine results to determine whether equipment, facilities, products, goods are in compliance with technical standards, technical norms, and the administrative authority should take administrative licence decisions at this location.
In accordance with tests, testing, quarantine results, the executive organs shall make decisions that are not subject to administrative licence, and shall provide in writing the technical standards and technical norms on which no administrative licence is based.
Article 31 requires administrative permission to determine the subject matter of qualifications, such as the establishment of an enterprise or other organization, and the applicant's submissions are fully and in accordance with the statutory form, which should be registered by the executive body. The substance of the application is required to be verified in accordance with the provisions of article 14, paragraphs 3, 4 and 4.
Article 31 contains a limited number of administrative licences, two or more applicants are subject to statutory conditions, standards, and the executive body shall take a decision to grant administrative licences in accordance with the order in which requests for administrative licence are received. However, the laws, administrative legislation and regulations provide otherwise in accordance with their provisions.
Chapter VI Legal responsibility
In violation of this provision, the executive branch and its staff have one of the following cases, which are being restructured by their superior administrative organs or by an inspection authority order; in serious circumstances, the administrative disposition of directly responsible supervisors and other direct responsibilities is given by law:
(i) Applications for administrative licences consistent with the statutory conditions are inadmissible;
(ii) In the absence of an administrative approval (public services) centre indicating that the material should be disclosed by law;
(iii) In the process of admissibility, review and decision-making of administrative licences, the applicant and the stakeholder have not fulfilled their statutory notification obligations;
(iv) The applicant's submission is incomplete and incompatible with the statutory form and does not always communicate to the applicant the full content that must be filled;
(v) No written evidence of the non-administerability of the application for administrative licence or the absence of an administrative licence certificate in a uniform format of the entire city;
(vi) The law should hold hearings without hearing.
Article 33, Staff of the executive organ, in the form of administrative licences, requests or licensees or other interests, constitute criminal liability under the law, which is not yet a crime and is subject to administrative disposition by law.
Article 34 of the executive authority implements administrative licences, in one of the following cases, by means of an order of responsibility of its superior administrative organ or the inspectorate, by virtue of which administrative disposition is granted to the competent and other direct responsible personnel directly responsible; constitutes an offence punishable by law:
(i) To grant administrative licences to applicants who do not meet the statutory conditions or go beyond the statutory authority;
(ii) The applicant who meets the statutory conditions shall not be granted administrative permission or shall not be granted administrative licence decisions within the statutory period;
(iii) In accordance with the law, the granting of administrative licence decisions based on tenders, auctions or examination performance preferences shall be made without solicitation, auctions or examinations, or the granting of administrative licence decisions based on tenders, auctions or merit of examination.
Article XV imposes administrative permits by executive organs, unauthorized charges or not charged under projects and standards issued by the Municipal People's Government, which are responsibly charged by their superior administrative organs or inspection agencies; and administrative disposition of the direct responsible supervisors and other direct responsibilities under the law.
Exclusively, misappropriation, misappropriation or dispersion of administrative licences charged under the law; administrative disposition of those responsible for direct responsibility and other persons directly responsible; and criminal liability by law.
Article 36 imposes an administrative licence in violation of the law of the executive branch, causing damage to the legitimate rights and interests of the parties, and shall be compensated in accordance with the provisions of the National Compensation Act.
Article 37 licensor applicants conceal the relevant situation or provide false material for administrative licences, the administrative authority is inadmissible or does not have administrative licences, and warnings; and administrative licences apply for public safety, personal health and property security matters that are directly related to public safety, the applicant shall not apply once again within one year.
Article 338 The licensee obtained administrative licences by deception, bribery, and the administrative organs should be punished by law; the administrative licence granted is a matter of direct public safety, personal health, life and property security, and the applicant shall not apply the administrative licence once again within three years; and constitutes an offence and shall be criminalized by law.
Article 39 is one of the following acts by the licensor, and administrative organs shall be punished by law; constitutes an offence punishable by law:
(i) Removal, selling, renting, borrowing administrative licences, or transfer of administrative licences in other forms of unlawfulness;
(ii) Activities beyond the scope of administrative licences;
(iii) To conceal information, provide false material or refuse to provide authentic material reflecting their activities to the administrative body responsible for monitoring inspections;
(iv) Other offences under laws, regulations and regulations.
Article 40 Civil, legal or other organizations, without administrative permission, have been engaged in activities that are subject to administrative permission by law, and the executive organs should take measures to put an end to them and impose administrative sanctions in accordance with the law; constitute crimes and hold criminal responsibility under the law.
Chapter VII
Administrative licences are carried out in accordance with the provisions of Article 40 of the Economic and Technical Development Zone, the gold beach national tourist holidays, the levies, the Higher Industrial Parks and their work sectors.
Article 42