Key Benefits:
(Adopted at the 27th ordinary meeting of the Government of the Grand MERCOSUR, held on 9 June 2004, by Decree No. 43 of 10 June 2004 on the date of publication) Article 1, in order to ensure that the administrative licence is properly enforced by the executive organs and to guarantee the legitimate rights and interests of citizens, legal persons and other organizations, establishes this system in the light of the provisions of the National People's Republic of China's Administrative Licence Act and the State Department's notification of the implementation of the administrative licence law. Article 2 Article III of this system refers to the limited exploitation of natural resources, such as land, water, beach, forests, grassland, mined deposits, urban roads, municipalities, parking, electricity facilities, communication facilities, radio television facilities, water facilities, etc., and public resource allocation, which directly relate to public interests, coal, water supply, urban passenger transport, air TV, transport, pharmaceutical production operations, hazardous production operations, and other administrative matters considered by the Government. Article IV. The State's rule of law body is responsible for the review of major administrative licensor matters in the municipal government and in the district (market). The authorities of the commune are responsible for the laws and regulations governing the management of this sector, which authorize the organization of significant administrative licence matters. Article 5 The law shall be subject to major administrative licence matters determined by the executive branch after review by the lower executive body, which shall be charged with the administrative licence decision. Article 6. Government rule of law institutions or the rule of law institutions of the government working sector dealing with major administrative licence matters shall be reviewed in writing in relation to the major administrative licence matters for the filing of the request: (i) Whether the organ that implements administrative licences is subjective; (ii) The correctness of the applicable law, legislation and regulations; (iii) Whether the organ implementing administrative licences is granted administrative licence decisions in an open, fair and fair manner, including through tendering, auctions; (iv) Whether the organ implementing administrative licences is charged in accordance with statutory projects and standards. Article 7 reviews of major administrative licence matters should be guided by the principles of legal review and timely review. The review of major administrative licence matters is based on the National People's Republic of China's administrative licence laws, regulations and provincial government regulations. Article 8. The review body of the major administrative licence matters may be consulted on the execution of administrative licence files, the application of evidence to the relevant organs, the licensee and the stakeholders, verification of the application of administrative licences, and the authorities and individuals shall not be denied. The review of the major administrative licence matters found one of the following cases, to be addressed by the Government's rule of law bodies and to request the Government to decide. (i) The organ implementing administrative licences shall not be subject to the qualifications of the subject or to the application of administrative licences beyond the statutory terms of reference; (ii) To grant administrative licences to applicants who do not meet statutory conditions; (iii) The holding of hearings by law without hearing; (iv) In accordance with the law, a decision to grant administrative licences should be made in accordance with tenders, auctions or omissions, without solicitation, auctions or awards based on tenders, auctions, preferences. Article 10 Reviews of major administrative licence matters shall produce a notice of processing of major administrative licence matters to be sent to the executive licensor. In order to make a decision to withdraw, the organ of the original submission shall, within thirty days of the date of receipt of the notice of processing of the major administrative licence matters, withdraw the original administrative licence decision by law and respond to the management of the outcome. In order to reorganize the administrative licence act, the organ of the original submission shall, within sixty days of the date of receipt of the notice of processing of major administrative licence matters, reproduce the administrative licence in accordance with the law and respond to the results-based management. Any individual, organization considers that the executive body is carrying out a major administrative licence in violation of the principles of openness, equity and justice, may make a written review of the Government's rule of law body, which shall be admissible and processed in a timely manner in accordance with this system. Article 12. Governments of all levels of the population and their working sectors shall, by the end of February of each year, catalogue two of the major administrative licence matters carried out in the previous year and report back to the Office of the Rule of Law of the Municipal Government. In accordance with the law, the main administrative licence matters decided upon by the superior executive branch after review should be included in the directory of the administrative licence decision. A directory of major administrative licence matters authorized by law, legislation and regulations is sent directly to the government service of the organization. Article 13 violates the present system and does not refer to the submission and response to the outcome or the refusal to accept verification, which is addressed by the Government's rule of law bodies and requests the Government to decide. Article 14. The Government of the People's Republic of the District (Central) has established a significant administrative licence system in the light of this system. Article 15. The system has been implemented effective 1 July 2004. |
