Dalian Administrative Licensing Procedures

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

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(June 9, 2004 27th Executive meeting Dalian people's Government on June 10, 2004, Dalian City people's Government promulgated as of July 1, 2004, 41st) Chapter I General provisions article in order to regulate the implementation of administrative licensing, and protect the legitimate rights and interests of citizens, legal persons and other organizations, public interest and social order, security and effective administration to supervise the executive authorities, in accordance with the People's Republic of China administrative licensing law and the relevant provisions, these provisions are formulated.
    Article administrative licensing in these rules refers to administrative organs according to the applications of the citizens, legal persons or other organizations, law review, grant acts engaged in specific activities, their specific issues by the municipal people's Government in accordance with the law, regulations, decisions of the State Council and provincial rules. Laws, regulations, decisions of the State Council and provincial regulations establishment of an administrative license, the unified organ should be brought to the city people's Government announced.
    Municipal people's Government has not released and decided to cancel the administrative licensing items shall not be the implementation of administrative licensing.
    Article Dalian administrative organs at all levels and their departments, as well as authorized by the laws and regulations to administer public affairs functions of the Organization (hereinafter referred to as administrative organs) the implementation of administrative licensing must abide by these provisions.
    Fourth article the implementation of administrative licensing shall follow the principle of openness, fairness, impartiality, efficiency, and providing quality services. Chapter II application and acceptance fifth citizens, legal persons or other organizations engaged in activities that require an administrative license released by the municipal government, shall apply to the administrative authority.
    Applications need to use rich text, shall be in the format specified in the national and provincial texts did not provide national and provincial and municipal approval of formatted text. Article sixth licensee changes of administrative licensing items shall apply to the executive authorities of the decision on the administrative license; needs to extend administrative license lawfully obtained is valid shall be the administrative license expires 30th to apply to the executive authorities of the decision on the administrative license.
    Otherwise provided for by laws, regulations, rules, in accordance with its provisions. Article VII the applicant may authorize an agent to apply for administrative license (according to law put forward by the applicant to the Executive Office of administrative Licensing application).
    Agency administrative authorization signed by the delegates shall be submitted to the executive powers of Attorney and proof of identity of the applicant. Applicants may appeal to the administrative authorities issued a letter, telegram, telex, fax, electronic data interchange and e-mail applications, such as administrative permits, which require the use of electronic signatures, it may use electronic signature.
    Administrative body shall designate a person to receive, their acceptance procedure in accordance with the provisions of article tenth, 11th and 12th of provisions.
    Eighth executive administrative examination and approval shall be at the same level (public services) Center for administrative licensing, and laws and regulations, and regulations relating to matters of an administrative license, the basis, conditions, quantities, procedures, deadlines, and need to submit all materials catalog and application model be publicized.
    Applicants require the Executive authority to be publicized description, explanation, the Executive should indicate, explain and provide accurate and reliable information.
    Nineth administrative organs should be driven by needs, approval of an administrative license according to policies, procedures, time limits, fees and standards drawn flowcharts, agency websites, news media published or office space, easy to understand details of the applicant. Article the applicant applying for an administrative license shall be submitted in accordance with executive authorities announced list of materials submitted to the Executive materials and reflect the true situation, and is responsible for the authenticity of the substance of the application materials.
    Outside the administrative organ may not require an applicant to submit the list of publicity material.
    11th article administrative organ on applicants submitted of administrative license application, should according to following situation respectively made processing: (a) application matters not included this level Government announced of approval project directory of, should rates told applicants not accepted; (ii) application matters not included this administrative organ approval project directory of, should rates made not accepted of decided, and told applicants to about administrative organ application; (three) application material exists can spot corrections of errors of, should allows or help application people spot corrections;
    (Four) application material not complete or not meet statutory form of, should spot or in 5th within once told applicants need correction of all content, late not told of, since received application material of day up that for accepted; (five) application matters in this administrative organ approval project directory within, application material complete, and meet statutory form, or applicants according to this administrative organ of requirements submitted all correction application material of, should accepted administrative license application.
    Executive to accept or not to accept an application for administrative license shall issue a uniform format in written form, State or province, city.
    12th administrative permission from the executive organ is headed by multiple agencies shall uniformly accept administrative licensing applications handled by the first.
    Implementation of administrative licensing law by two or more departments, can be represented by a Department to accept administrative licensing applications and views are put forward to the relevant departments through the integration or joint management, centralized management. 13th of municipal and County (City) of District Government departments, shall, before the end of 2004 to establish and improve government websites and publish the administrative licensing items, provide administrative licensing of the online application or download application format text.
    Implementation of administrative license needed by two or more departments, the administrative organ shall create conditions to achieve network interoperability, timely exchange of information, improving efficiency.
    Chapter III review decision 14th administrative organs shall review the application materials submitted by the applicant.
    Applicant to submit the application materials are complete and comply with the statutory format, will the executive authorities to take a decision on the spot, shall make a written decision on the administrative license on the spot.
    Administrative organ need on application material of real content for verified of, can take following way written verification: (a) by applicants commitment by said situation real, or bear adverse legal consequences; (ii) with application material in the reflect of content mutual check; (three) will has master of information and application material in the of content for confirmed; (four) requests other administrative organ assist verified; (five) other written verified application material content of way.
    In accordance with the statutory conditions and procedures, the substance of the application needs to be written or verified in the field, the executive authorities should assign more staff for verification, field verification work should produce documents identified. 15th according to law should be reviewed by the lower administrative authority before they are submitted to the next higher administrative license of executive decisions and subordinate administrative organs shall in the first instance, within the statutory time limit and all application materials submitted to the higher administrative authority.
    Higher administrative organs shall not require an applicant to repeat applications. 16th administrative organ for administrative license application review and found that administrative licensing items directly related to the vital interests of others, it shall inform the interested party. Applicant or interested party has the right to make statements and to defend themselves.
    The administrative organ shall listen to the views of the applicant and interested party.
    Have a limited number of administrative license, applicants and proposed administrative Licensing application, will the executive authorities to be on the part of the applicant before approving an administrative license is made a decision, it shall inform and listen to the views of other applicants.
    Article 17th hearing held and decisions of an administrative license required, according to the Dalian administrative license hearings of the pilot implementation of the rules.
    Article 18th Executive to review the administrative Licensing application, with the exception of administrative licensing decisions are made on the spot outside, ought to make decision on the administrative license according to the prescribed procedures.
    Article 19th of the applicant's application meets the legal conditions and standards, the administrative organ shall make a written decision on approving an administrative license; does not meet the legal conditions and standards, the administrative organ shall make no written decision of administrative licensing.
    Administrative bodies or approving an administrative license is not written decision of administrative license, using national, provincial or municipal unified format text.
    20th article administrative organ made granted administrative license of decided, need issued administrative license documents of, should to applicants issued stamped this administrative organ seal of following administrative license documents: (a) license, and license or other license book; (ii) qualification card, and qualification card or other qualified certificate; (three) administrative organ of approved file or proved file; (four) legal, and regulations provides of other administrative license documents.
    Administrative bodies to carry out the inspection, inspection, and quarantine, testing, inspection, and quarantine equipment, facilities, products, goods labelling or stamped with the seal of the testing, inspection, and quarantine. 21st, an administrative authority shall make a copy of the written decision on approving an administrative license is save file, and open the Office setting up a dedicated query window.
    Of the exploitation of limited resources, public resource configuration industry specific market access and directly related to the public interest, need to give specific rights of administrative licensing matters, should open on the Administration Web site, available for public inspection. 22nd of municipal people's Government under provisions of laws and administrative regulations, published administrative fees and licensing standards.
    Laws and administrative regulations of the administrative licensing fees, municipal people's Government decided to stop charging. Administration the implementation of administrative licensing, should be made public in accordance with the municipal administrative license fees, standard and the level of administrative examination and approval (public service) charge.
    Not been made public and has been abolished (collect) administrative license fees shall not be charged.
    Chapter fourth term 23rd administrative organs shall, in accordance with provisions of laws and regulations, administrative licensing terms to make concrete commitments, this level shall be publicized after the validation, implementation. Article 24th Executive accepts an application for continuation of administrative licensing shall be made before the expiry of the validity of the administrative licensing decision on whether to approve the extension, fails to make a decision, as permitting continued.

    25th executive decision approving an administrative license is made, it should be since the date of the decision to the applicant in the 7th issuance, certificate of administrative license, or labelling, and stamped with the seal of the testing, inspection, and quarantine.
    Fifth chapter special provisions article 26th the administrative licensing procedures, of the provisions of this chapter shall apply the provisions of this chapter; not provided for in this chapter, these provisions shall apply other relevant provisions. 27th article implementation of the exploitation of limited resources, allocation of public resources, as well as specific industries that are directly related to the public interest, such as market access, requires empowerment of specific matters of administrative license, the administrative organ shall compete through bidding, auction and fair decisions.
    However, otherwise stipulated by laws, administrative regulations, in accordance with its provisions.
    Administrative bodies through bidding, auction, including specific procedures for the administrative licensing decision made in accordance with the provisions of relevant laws and administrative regulations.
    Administrative organs in accordance with the bidding and auction procedures after determining the winning bidder and the buyer, it shall make a decision approving an administrative license, and shall be the winning bidder and the buyer will be issued certificates for administrative license.
    Agency has violated the provisions of this article, without bidding, auctions, or violations of the bidding and auction procedures, damage the lawful rights and interests of the applicant, the applicant may apply for administrative reconsideration or draw attention to administrative proceedings. 28th article implementation provides public service and directly relationship public interests of career, and industry, need determine has special reputation, and special conditions or special skills, qualification, and qualification matters of administrative license, gives citizens specific qualification, law should held national exam of, administrative organ according to exam results and other statutory conditions made administrative license decided; gives corporate or other organization specific of qualification, and qualification of, administrative organ according to applicants of professionals constitute, and technology conditions, and Business performance and management and the results of the assessment decision on the administrative license.
    However, otherwise stipulated by laws, administrative regulations, in accordance with its provisions. Citizen special qualification examination by the administrative organ or trade organization, held in public. Administrative organ or organization shall publish in advance qualification exam registration conditions, measures, subjects and syllabus.
    However, may organize compulsory training before Qualification exam, no textbook or other supplementary material.
    29th article implementation directly relationship public security, and personal health, and life property security of important equipment, and facilities, and products, and items, need according to technology standard, and technology specification, through test, and detection, and quarantine, way for validation of administrative license, should according to technology standard, and technology specification law for test, and detection, and quarantine, administrative organ according to test, and detection, and quarantine of results made administrative license decided. Administrative bodies to carry out the inspection, inspection, and quarantine, shall from the date of acceptance of the application in the 5th assigned more staff in accordance with technical standards for testing, inspection, and quarantine, technical specifications.
    Are necessary for the inspection, testing and quarantine results can be identified for further technical analysis equipment, facilities, products, conformity with technical standards, technical specifications, the administrative organ shall make a decision on the administrative license.
    According to the results of testing, inspection, and quarantine of the Executive, made no decision on the administrative license, it shall not be an administrative license is based on the technical standards and technical specifications. Article 30th enterprises or other organizations need to determine the subject matters, such as the establishment of an administrative license, applicants submitted application materials are complete and in compliance with the statutory form, the administrative organ shall be registered on the spot.
    Need to verify the substance of the application, in accordance with the provisions of article 14th third and fourth paragraphs of the regulations. 31st have a limit to the number of administrative license, two or more applicant's application meets the legal conditions and standards, the Executive order should be according to accept administrative licensing applications decision approving an administrative license is made.
    However, otherwise stipulated by laws, administrative regulations, in accordance with its provisions. Sixth chapter legal responsibility 32nd article administrative organ and staff violation this provides, has following case one of of, by its superior administrative organ or monitored organ ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) on meet statutory conditions of administrative license application not accepted of; (ii) is not administrative approval (public service) Center publicity law should publicity of material of; (three) in accepted, and review, and decided administrative license process in the,
    Not to applicants, and interest relationship people perform statutory told obligations of; (four) applicants submitted of application material not complete, and not meet statutory form, not once told applicants must correction of all content of; (five) not law description not accepted administrative license application reason or not issued city unified format of not administrative license written voucher of; (six) law should held hearing and not held hearing of.
    Article 33rd executive staff administrative permission, demanding or accepting other people's property, or seeking other interests constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    Article 34th Executive implementation of administrative license, any of the following circumstances, by its higher administrative authorities or the supervision agency ordered corrective action and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law: (a) an applicant who does not meet the statutory requirements to grant administrative licensing terms or go beyond legal decision on approving an administrative license is made;
    (B) an applicant who meets the statutory requirements are not administrative approval or disapproval decision on approving an administrative license is made within the statutory time limit, (iii) that shall be according to the bidding, auction results or test scores merit decision approving an administrative license is made, without bidding, auction or exam, or according to the bidding, auction results or test scores merit decision on approving an administrative license is made.
    35th executive authorities the implementation of administrative licensing, unauthorized charges, released by the people's Government, or not in accordance with the project and standard fees, by its higher administrative authorities or supervisory authority ordered the repatriation of illegally charged fees to managers directly responsible and other persons directly responsible shall be given administrative sanctions.
    Are withheld, misappropriated, privately divide or disguised fees charged by dividing up the implementation of administrative licensing law, be recovered; directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 36th Executive authority in contravention of 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.
    37th administrative license applicants to conceal the situation or provide false information to apply for an administrative license, the administrative organs inadmissible or refusing permission and give a warning; administrative Licensing application is directly related to public safety, personal health, safety of life and property, the applicant shall not apply again for the administrative license within a year.
    Article 38th licensee by fraud, bribery or other improper means of administrative license, the administrative organ shall give administrative penalty made an administrative license is directly related to public safety, personal health, safety of life and property, the applicant shall not apply again for the administrative license within three years constitutes a crime, criminal responsibility shall be investigated according to law. 39th article was license people has following behavior one of of, administrative organ should law give administrative punishment; constitute crime of, law held criminal: (a) altered, and reselling, and rental, and lending administrative license documents, or to other form illegal transfer administrative license of; (ii) beyond administrative license range for activities of; (three) to is responsible for supervision check of administrative organ hide about situation, and provides false material or refused to provides reflect its activities situation of real material of; (four) legal, and regulations, and
    Other violations of the regulations.
    40th a citizen, legal person or other organization without administrative permission, arbitrarily engaged in activities of an administrative license according to law, the administrative organs shall take measures within the law to stop, and shall be subject to administrative punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    Seventh chapter supplementary articles article 41st Dalian Economic and technological development zone, Golden Pebble Beach National holiday resort, bonded zones and high technology industrial development zone Administrative Committee and their departments the implementation of administrative licensing, in accordance with this regulation.
                                                                                                                            42nd article of the regulations come into force on July 1, 2004.

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