Key Benefits:
(Adopted at the 27th ordinary meeting of the Government of the Grand MERCOSUR, held on 9 June 2004, No. 42 of the Decree of the Government of the Grand Communes of 10 June 2004 and published as of 1 July 2004) Article 1 provides for the establishment of an administrative licence hearing system that enhances the scientific and transparency of administrative licences, guarantees and monitors the effective implementation of administrative licences by the executive organs, protects the legitimate rights and interests of citizens, legal persons and other organizations, and establishes these rules in accordance with the National People's Republic of China's administrative licence law. The application of administrative licences by the executive branch at all levels of the city (hereinafter referred to as the executive organ) requires hearing. Article 3 implements administrative licence hearings and should be guided by the principles of impartiality, openness, objectivity and efficiency, with the full range of views. The following administrative licensor matters shall be communicated to the society prior to the decision on administrative licences: (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 5 directly concerns the applicant's major interest with others, and the executive branch shall notify the following persons of the right to request hearing before making an administrative licence decision: (i) A number of applicants apply to applicants with limited administrative licences; (ii) Those who have a direct impact on the environmental interests of the neighbouring person; (iii) The stakeholders who have a significant impact on the direct economic interests of the applicant and others; (iv) Administrative licensor matters relate directly to other stakeholders who have major interest relations with others. The applicant referred to in the previous paragraph refers to units and individuals that have submitted administrative licence requests to the executive branch, in accordance with article 29 of the National People's Republic of China Administrative Accreditation Act, which refers to units and individuals that are directly affected by administrative licence decisions. Article 6. Implementation of administrative licence hearings will require a notice, which shall be published by the executive branch by 20 days of the hearings, in a newspaper published on the ground, published on the Government website and posted at the office of the executive branch. The hearings shall contain the following: (i) Administrative licence matters and content; (ii) The scope and conditions of the witnessing party; (iii) The manner of participation of the witnessing party; (iv) Time and place of hearings; (v) Other matters that should be declared. Article 7. The executive body shall inform the applicant, the stakeholder of the right to be heard and shall be delivered in writing. Failure to deliver a written letter or an unambiguous one may take a notice to be delivered, with a specific notice time frame and modalities to be carried out in accordance with article 6 of this rule. Article 8. The applicant, the stakeholder shall, within five days of the date on which he was informed of the right to the hearing, submit a written request for hearing to the administrative body, which shall organize hearings within 20 days of the date of receipt of the request for hearing. The applicant, the stakeholder, who had not submitted a written hearing application, was considered to have waived the right to the hearing. Article 9. The executive body shall notify the applicant, the owner, the owner, in writing, on matters such as the date of the hearing, the place of the hearing. No written notice or an aggrieved person may be given a notice of the duration and manner of the notice in accordance with article 6 of this rule. The notice of the hearing shall contain the following matters: (i) The name or name of the author; (ii) Administrative licence matters and content; (iii) Time and venue for hearings; (iv) The name of the facilitators and the licensor; (v) To inform the author of the matter of concern. Article 10 implements administrative licence hearings and takes the form of hearings. The hearings should be held in public, except for State secrets, commercial secrets or personal privacy. The hearings are organized by the executive body. The applicant, the stakeholder did not assume the cost of organizing hearings by the executive body. Article 11. Hearings include, inter alia: (i) The moderator and the hearing certificate holder; (ii) The author of the hearing, including the applicant, the stakeholder, who is required to participate in the hearings; the invited representatives, parliamentarians, experts; (iii) Review of the staff applying for administrative licences; (iv) Other relevant witnesses, experts and translators. The moderator was appointed by the head of the executive branch, but the staff reviewing the administrative licence application shall not serve as the moderator; the licensor shall be determined by the moderator. The hearing party generally does not exceed 20. The number of applicants and stakeholders is large, and the executive branch may participate in the hearings, including through the selection, drawing of lots. Article 12 hearings may be made available at the request of the executive branch, in accordance with the requirement of a stand-alone hearing, in general, by means of a voluntary presentation by a hearing by a hearing of a hearing before an administrative body and by a request for hearing by the administrative body after the date of the required conditions and procedures. There was no right to speak before the hearing, but the written material could reflect their views and wishes to the executive branch through the hearings. Article 13: The author has the following rights in the hearings: (i) Believing that the hearing facilitators and the hearing licensor are in the interest of the administrative licence matter and may apply for their avoidance; (ii) Permission of one to two persons to attend hearings as agents; (iii) The submission of evidence and the conduct of the defence and quality of the evidence. Article 14. Hearing party, staff reviewing the administrative licence application and other persons assumed the following obligations in the hearings: (i) To attend hearings on time to designated locations; (ii) Respect for the discipline of hearings; (iii) In the event of a false presentation, a testimony and a query from the moderator; (iv) The author of the agent should be given a delegation of authority to expressly entrust matters and powers. Article 15 (i) Identification of the time and venue for the holding of hearings; (ii) Identification of the composition and number of participants; (iii) A letter of hearing; (iv) Preside at the hearings; (v) Decides to extend the hearings; (vi) Maintenance of the hearing order and maintenance of the conference and security of personnel; (vii) Other responsibilities for the hearings. Article 16: The facilitators and the licensor shall be avoided: (i) Nearly close relatives with the applicant, the owner; (ii) Other stakes with administrative licence matters. The former paragraph provides for the application of other persons in the hearing. Article 17 states that: (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. Prior to the commencement of the hearings, the licensor should ascertain whether the witness party, the review of the administrative licence application staff and other personnel are present and the declaration of the hearing discipline. At the beginning of the hearings, the moderator shall check the identity of the witness participants, declare the list of administrative licensor, content and hearing facilitators, the licensor, inform the author of the relevant rights obligations and ask whether the author's request for a waiver. The author shall declare a suspension of the hearing and report the decision of the head of the executive branch; apply for the evading of the licensor, which shall be decided by the moderator. Article 19: The hearing is conducted in the following order: (i) Staff who review the administrative licence application provide review opinions and evidence, justification; (ii) The hearing of the witness and other persons to provide evidence for the conduct of the defence and quality of the evidence; (iii) The moderator enquired about the witnesses, the staff reviewing the administrative licence application and other participants; (iv) The moderator's summary of the hearings and the closure of the hearings. Article 20: The licensor is responsible for recording and producing hearings, as well as other matters. The licensor shall register all the activities of the hearing. The hearings should contain the following: (i) Administrative licence matters and content; (ii) The name or name, place and place of the participant; (iii) Time, place and manner of hearings; (iv) Presentations, pleas, questions; (v) The content of the evidence survey; (vi) The hearing facilitators consider other important elements. At the end of the hearings, the hearings should be heard by the hearing licensor to review the non-corrected signatures or chapters of the communication; the author of the hearing would have doubts about the record, subject to the recording; the refusal to sign or to highlight the order, and the statement by the hearing facilitators. Article 21, the executive branch shall take administrative licence decisions in accordance with hearings. The executive body shall inform the author of the administrative licence decision. The parties' decisions on administrative licences may appeal to the executive branch, apply for administrative review or administrative proceedings in accordance with the law. In article 22, the Participants shall be subject to a hearing discipline and shall not disrupt the order. The author of the hearing was entitled to put an end to and to make warnings that were serious and could be given a hearing. The facilitators may terminate the hearing and recommend to the relevant authorities the legal responsibility of the parties. In accordance with article 53 of the National People's Republic of China's Administrative Accreditation Act, the executive branch shall take administrative licence decisions through fair competition, such as tendering, auctions, in accordance with the relevant provisions. In violation of this rule, the executive branch and its staff shall hold hearings without hearing, which shall be corrected by their superior administrative organs or by an inspection authority; in the event of a serious nature, administrative disposition is given to the competent and other responsible persons directly responsible. Article 25, in violation of this rule, the executive branch and its staff members may, at their request or in accordance with their competence, withdraw administrative licences, in accordance with an administrative licence decision taken by an administrative authority or a superior administrative body. The executive branch shall be compensated by law for the damage caused by the withdrawal of administrative licences to the legitimate rights and interests of the licensee. Article 26 implements the format of the administrative licence hearings, which are being carried out by the municipal authorities. Article 27 of the present Rules has been implemented effective 1 July 2004. |
