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Tianjin City Setting And The Implementation Of Administrative Licensing Provisions

Original Language Title: 天津市设定与实施行政许可规定

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(Adopted by the 30th ordinary meeting of the Government of the People of the city of Zenin on 21 June 2004 No. 23 of the Decree No. 23 of 29 June 2004 No. 23 of the People's Government Order No. 23 of 29 June 2004)

Chapter I General
Article 1 establishes this provision in the light of the provisions of the National People's Republic of China's administrative licence law (hereinafter referred to as the Administrative Accreditation Act) in order to ensure the right creation and implementation of administrative licences.
Article 2 The law, legislation and regulations provide otherwise, from their provisions.
Article 3. The legitimate rights and interests of citizens, legal persons and other organizations are undermined by the application of administrative licences by administrative organs in violation of the law and are entitled to claim compensation under the law.
The executive branch shall, in accordance with the law, make any changes to or withdraw the administrative licence that has entered into force, pay compensation to the licensee for the loss of property.
Chapter II
Article IV develops draft local legislation, establishes government regulations that may create administrative licences in accordance with the provisions of the Administrative Accreditation Act. Other normative documents shall not create administrative licences.
Article 5
(i) To establish administrative licences for matters other than the provisions of Article 12 of the Administrative Accreditation Act;
(ii) The eligibility of citizens, legal persons or other organizations to be determined by national unity and the granting of qualified administrative licences;
(iii) The establishment of a registry of the enterprise or other organization and its pre-existing administrative licence;
(iv) Individuals or businesses in other regions are limited to administrative licences in the region for the production and servicing of services, limiting the entry of commodities in other regions into the markets of the region.
Article 6. The establishment of administrative licences shall provide for the executive, specific conditions, procedures and deadlines of administrative licences. The period of effectiveness of administrative licences needs to be specified.
Article 7 provides specific provisions for administrative licences granted by law, regulations and regulations that may not be subject to additional administrative licence matters; specific provisions on administrative licence conditions may not be added to other conditions that violate the superior law.
Resolves under laws, regulations and regulations shall not be changed to administrative licences.
The legal, administrative regulations do not provide for the annual review, the annual prosecution system, nor may the annual review, the annual prosecution system be established.
Article 8. The development of draft local legislation, the development of government regulations, the creation of administrative licences that may have a significant impact on public interest, economic and social life, and the views of all communities in society should be heard.
The hearings may take the form of hearings, colloquiums, memorials, etc., or may be consulted on the draft regulations and regulations on the political website.
Article 9 Government regulations establish temporary administrative licences, and the executive authority of administrative licences should conduct more than six months of dynamic record of the implementation of administrative licences.
In accordance with a dynamic record, the executive body evaluated the need for the continued implementation of the administrative licence and reported to the Government's rule of law institutions three months prior to its expiration.
Article 10. The Government's rule of law institutions, which are considered necessary for the continuation of the interim administrative licence, should be reported to the Municipal People's Government for the preparation of a draft local legislation after the decisions of the Government of the city, to request the General Assembly and its Standing Committee to develop local legislation.
After an evaluation of the rule of law institutions of the city's Government, it was considered that the manner set out in article 13 of the Administrative Accreditation Act would be able to resolve and do not require the continuation of the interim administrative licence, it should be reported that the Government of the city would be invited to make a timely decision to put an end to its implementation and modify the relevant regulations.
Article 11. The executive body shall evaluate the implementation of the administrative licence established by law, regulations and the need for the existence of such an administrative licence, which shall not be assessed for the first time beyond three months after the expiration of the administrative licence.
Upon the evaluation, the executive body should send the evaluation report to the authorities of the municipalities. The establishment of the administrative licence needs to be reported, which is governed by a statutory procedure by the Government of the Municipalities' Rule of Law, which is approved by the Government.
Article 12 Civil, legal and other organizations may make observations and recommendations on administrative licences granted and implemented in the city.
In accordance with the economic and social development of the city, the administrative licence granted under the regulations and regulations is considered to be resolved through the manner set out in article 13 of the Administrative Accreditation Act, which can make recommendations for the cessation of implementation available to the authorities of the city.
The State's rule of law institutions, which are considered acceptable under review, should be reported to the Government of the city for review and, with the approval of the statutory procedure, the administrative licence shall cease in the city.
The economic affairs referred to in the preceding paragraph refer to the activities of enterprises, other organizations involved in production operations, services and related activities.
Chapter III Execution of administrative licences
Article 13
The internal structure of the executive branch shall not be subject to administrative licences in the name of the institution.
There are no laws, regulations, regulations and regulations, and administrative organs may not be required to conduct the first instance of administrative licence requests for other administrative organs or other administrative authorities.
Article 14.
(i) Organization of cause established by law;
(ii) An independent legal personality;
(iii) Functions in the management of public affairs;
(iv) The functions of the organization are related to administrative licence matters authorized;
(v) Staff familiar with relevant laws, regulations and operations;
(vi) There are professional technical personnel and equipment facilities necessary to implement the corresponding administrative licence;
(vii) Independently assume the corresponding legal responsibility.
Organizations that do not have legal, regulatory authority shall not apply administrative licences.
Article 15. The executive organs may entrust administrative authorizations by other administrative organs, in accordance with the provisions of laws, regulations and regulations.
The administrative organs entrusted should be familiar with the relevant laws, regulations, regulations and operations, with specialized technical personnel and equipment facilities necessary for the implementation of the corresponding administrative licence and, within the delegated authority, in the name of the entrusted authority.
The entrusting authority shall communicate the names, addresses, contact modalities of the commissioning and entrusted organs, the specific matters entrusted, the duration of the commission and the legal responsibility, in accordance with article 17 of the present provision, to the Government of the same-ranking people and to the office of the commissioning body and the entrusted organ.
The commissioning body shall conduct a monitoring inspection of the conduct of administrative licences by the competent organ and shall assume legal responsibility for the consequences of the act.
Article 16 allows the executive branch to submit an administrative licence request for the benefit of the applicant, and other administrative authorities may be entrusted with receiving the administrative licence request.
The competent organ shall, on behalf of the entrusted organ, give the applicant a written back to the applicant for the receipt or non-receipation of the request material to report the admissible application to the organ for the review of the decision and to send the applicant to the administrative licence decision.
The entrusting authority shall communicate the names, addresses, contact modalities of the commissioning and entrusted organs, the specific matters entrusted, the duration of the commission and the legal responsibility, in accordance with article 17 of the present provision, to the Government of the same-ranking people and to the office of the commissioning body and the entrusted organ.
The competent organ has a legal responsibility for the acceptance by the competent organ of the application of administrative licences and for the conduct of the award.
Article 17
There shall be no administrative licence without the executive organs and organizations that are published by the municipalities and territories, the people of the district.
The administrative licence granted after the operation of this provision provides for a new authorization of the executive body, which shall be made available within 10 days of the date of the enactment of the law, legislation and publication of the administrative licence, the name of the organ and the related grounds for the approval of the Government's rule of law bodies and, with the approval of the Government of the same people.
The administrative licensing authority of the SARS, the SARS and the SARS is issued by its Management Committee.
Article 18
Article 19 imposes administrative licences by the executive branch and shall determine whether an institution is in charge of the application of administrative licences and is in a position to do so.
Article 20 provides that administrative licences are carried out in accordance with the law by more than two executive organs, and the municipalities and territories, and the people of the counties may determine whether an administrative organ receives administrative licence requests and transmits them to the relevant administrative organs for the purpose of harmonizing them, or establishing an administrative licence service centre to be co-located and centralized by the administrative organs established by the Government.
In accordance with the principles of simplification, harmonization and effectiveness, the Government of the city needs to refer the administrative licence authority of the relevant executive organs to the exercise of an administrative body, and should establish a programme for implementation and be published by the State Department after approval.
In accordance with the statutory procedures, the right to administrative licence shall be exercised uniformly by an administrative body and other administrative organs shall not continue to exercise their original administrative licence.
Chapter IV Implementation procedures for administrative licences
Article 22 provides for administrative licences by the executive branch and shall disclose the following matters at their office and at the government website:
(i) Names, conditions, procedures, duration of processing and all material requirements submitted;
(ii) The relevant laws, regulations, regulations;
(iii) The manner in which the application is submitted;
(iv) A model version of the application.
The number of administrative licences is limited and should be disclosed and approved.
The application for administrative licences should be made by the applicant to the office of the executive branch and should be made public at the same time.
The text of the application form needs to be used and should be made available together.
The former shows that the executive branch can also facilitate the timely and accurate access of the public through other means, such as zinc, government press conferences, mass media.
Article 23. The executive body shall, at the request of the applicant, provide clarifications and explanations of the content of the communication, and the staff of the administrative organs shall be informed, interpreted and provide accurate and reliable information.
In the opinion of the applicant, the illusion of the executive body could be interpreted in writing by the executive branch; the executive branch should make a written statement and explain that information should not be deliberately concealed.
An explanation and interpretation is required by the administrative licensor, and the administrative authority should send the applicant's written request to the establishment body.
Article 24 provides a model text of an application by an executive body or a text of a format for the applicant, which shall be reviewed by the roll-out of the model text, the text of the text in the form and the same-level government rule of law bodies, with approval.
Government rule of law institutions should be reviewed within 5 days of the date of receipt.
The executive branch shall provide the applicant with the text of the administrative licence application form (including forms, etc.) without charge of any expenses such as work expenses, information fees, etc.; the applicant shall be allowed to download free of charge through the administration website.
The applicant shall not limit the application of the text of the application for the form of administrative licence applications (including forms, etc.), which are reproduced from the website.
Article 25. The executive branch shall apply and facilitate the application by the applicant through correspondence, telegraphs, faxs, electronic data exchange and e-mail.
The administrative licence application was submitted through a letter, a cable method whereby the administrative authority signed the letter and the time of the request was received.
The administrative licence application is submitted through the electrocs and facsimile manner, which contains the transmission of the content of the application, the facsimile arrival to the administrative body for the time to receive the request for electronic equipment.
The administrative licence application is submitted through electronic data exchange, e-mail, and the electronic data or e-mail enters the accepted system designated by the administrative body for the time to receive the application.
Article 26 In the receipt of the applicant's submissions, the executive branch shall remind the applicant of the authenticity of the substance of the application.
The executive body requires the applicant to submit the relevant technical information and other material, and legal, regulatory and regulatory grounds.
Article 27, upon receipt by the executive branch of the applicant's request for administrative permission, shall be reviewed at the time and in accordance with article 33, paragraph 2, of the Administrative Accreditation Act.
The executive body shall receive requests for administrative licences and shall receive a letter of acceptance containing the content of the applicant, the matter of application, the receiving body, the time of receipt, the commitment to meet the time frame, the complaint and the monitoring of the telephone.
The administrative body shall not accept the application for administrative licences and shall return the request materials, send a letter of inadmissibility and set out the grounds for inadmissibility.
A letter of acceptance or inadmissibility should indicate the date and be added to the special seals of the executive branch.
Article 28, after receiving administrative licence requests, found that the applicant's submissions were incomplete or incompatible with the statutory form, should be communicated to the applicant at any time or within 5 days to the extent that the applicant was required to do so, and that the applicant was not informed by the date of receipt of the request.
The applicant submits the full request for material at the request of the executive branch for the time to receive it.
Article 29 shall be governed by law by a decision of the executive branch of the lower executive branch after the first instance of the executive branch, which shall be reviewed by the executive branch within 20 days of the date of receipt of the application for administrative licence and shall be communicated directly to the executive branch. The duration of the first instance is regulated by law, legislation and regulations.
In reviewing the application of administrative licences by the executive branch, it was found that administrative licence matters were directly related to public interest and that social announcements should be made and hearings should be held.
The following matters fall under a major administrative licence related to public interest under article 46 of the Administrative Accreditation Act:
(i) Matters related to public safety, ecological environmental protection, such as the production, storage of hazardous chemicals, explosive or poisoning;
(ii) Matters related directly to the development of limited natural resources and the allocation of public resources;
(iii) Other matters where the administrative body considers it necessary to organize hearings.
Article 31 direct relations between the applicant and others, and the executive branch should inform the stakeholder. Presentations submitted by the applicant, the stakeholder, and the defence material, should be filed by the executive branch.
Prior to the administrative licence decision, the executive branch shall notify, in writing, the applicant, the stakeholder, of the administrative licence decision to be taken and to inform him of the right to request a hearing.
The applicant, the stakeholder shall, within 5 days of the date on which he was informed of the right to the hearing, organize a hearing in accordance with the provisions of the Administrative Accreditation Act and make administrative decisions in accordance with the hearings.
Article 32 does not make a administrative licence decision within the time period under review and shall be submitted in accordance with the law for approval of the extension period and shall inform the applicant in writing of the reasons for the extension period.
The application of the applicant is in accordance with the statutory conditions, standards and the administrative authority shall grant administrative permission, shall make a written decision to grant administrative permission, specifying the administrative licence matters, the period of effectiveness, and shall be issued, sent to the applicant within 10 days of the date of the decision or be added to the label, plus test, test, and quantification.
The executive branch shall, within 3 days of the date of the decision, make no administrative licence decisions and shall, on the basis of the reasons for the non-administrative licence, the facts and the legal basis, add the chapter of the executive branch and inform the applicant of the right to apply for administrative review or to initiate administrative proceedings in accordance with the law.
Article 34 of the administrative issuance of administrative licences by the executive branch shall contain matters such as the name of the document, the author, the witness, the administrative licence content, the effective period of the administrative licence, indicating the date of the issuance of the certificate and the seal of the executive branch.
Article 33, paragraph 15, of the administrative authority's decision to grant administrative permission shall be made public.
The executive branch has publicly granted the administrative licence decision without charge, nor has it been able to receive reimbursement services or convert the form of payment.
Article XVI requires access by citizens, legal persons or other organizations to the administrative licence decision, and requests should be made to the executive licensor's implementing body, which should include the following:
(i) The applicant's name or name, identity certificate and specific means of communication;
(ii) A description of the contents.
Upon receipt of the request by the executive branch, it should be registered at the time. In addition to the responses that may be made or the means to inform them, the applicant shall be consulted within three days of the date of registration. In order not to be admissible, the executive body should communicate to the applicant at the time of the determination of the receiving authority and the manner in which it should be communicated.
The applicant requests that the content be printed or that the licensee request materials, administrative licences, etc., or the applicant's request to obtain the relevant access in the form of mail, transmission, facsimile, e-mail, in accordance with the actual conditions, subject to the provision of the administrative authority, subject to the requirements of the State secret, national security, commercial secrets and personal privacy.
In accordance with the request for information, the executive branch may collect the costs of the actual retrieval, printing, reproduction, mailing, transmission and delivery to the applicant. The fee rate was developed by the city's financial and price sectors, with the full payment of the costs. The law, administrative regulations provide for the fees, which are otherwise provided.
Article 37 requires the suspension of the application for administrative permission and shall be carried out in advance of the suspension of administrative licence matters, the suspension of the grounds and the suspension of post-communication announcements approved by the Government.
Chapter V
Article 338 imposes administrative licences and conducts inspections of the licensee without charge of any expenses. The law, administrative legislation and regulations are also provided for by them.
The administrative authority's requirements for implementing administrative licences should be included in the budget of the executive branch, which is guaranteed by the current level of finance, and subject to the approved budget.
In accordance with the provisions of the law, administrative regulations, the administrative authority shall be charged at the office premises on the basis of charges, fees and fees.
Article 40 develops draft local legislation, establishes government regulations and does not create administrative licence charges.
Annex VI
The period specified in article 40 is calculated on a working day without a statutory holiday.
Article 42
The administrative licence provisions set out in the previous normative document are not in accordance with the Administrative Accreditation Act and this provision and have ceased implementation since 1 July 2004.