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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(June 21, 2004, Tianjin Municipal People's Government consideration at the 30th General meeting on June 29, 2004, Tianjin Municipal People's Government released 23rd come into force on July 1, 2004) Chapter I General provisions article I in order to ensure the correct setting and the implementation of administrative licensing, in accordance with the People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law) rules, combined with the municipality, these provisions are formulated. Second, establishment and implementation of an administrative license, shall comply with the administrative licensing law and the present provisions.
    Otherwise provided by laws and regulations, from its provisions.
    Article citizens, legal persons and other organizations by administrative authority in contravention of the legitimate interests of the implementation of administrative licensing damages, shall have the right to claim compensation.
    Administrative organs shall trespass or withdraw the entry into force of the administrative permission, causing property damage to licensee, it shall compensate. Chapter II administrative permission setting and evaluation article fourth draft local laws, government regulations, according to the provisions of the administrative licensing law, establishment of an administrative license.
    Other normative documents are not allowed to set administrative permissions. Fifth article developed local regulations draft, and developed Government regulations, shall not set following administrative license: (a) on administrative license method 12th article provides zhiwai of matters set administrative license; (ii) should by national unified determine of citizens, and corporate or other organization of qualification, and qualification administrative license; (three) enterprise or other organization of established registration and Qian reset sex administrative license; (four) limit other area of personal or enterprise to this area engaged in production business and provides service, and
    Restrict other areas of administrative licensing of the products into the regional market. Sixth the establishment of an administrative license shall be specified the implementing organ, conditions, procedures and time limit.
    Need clear administrative license is valid and should be provided.
    Article seventh specifically provide for the administrative license law and regulations set, not the addition of administrative licensing items; specifically provide for conditions of administrative licensing shall not establish contravenes a law other conditions.
    Filing system of laws, rules and regulations, shall not be changed to administrative permission.
    Provisions of laws and administrative regulations, establishment of an administrative license without annual review, annual inspection system, no additional annual review, annual inspection system.
    Article eighth draft local laws, government regulations, establishment of an administrative license may be of public interest, and have a major impact on economic and social life, should listen to the views from all sectors of society.
    Hearings can take the form of public hearings, seminars, feasibility study meeting, or in the administrative regulations, the draft regulations for comments posted on the Web site.
    Nineth Government regulations to create a temporary administrative license, the administrative licensing organ should be on implementation of the administrative license of dynamic record for more than 6 months.
    Organ according to records, an evaluation of the need for continued implementation of the administrative license and 3 months prior to the expiry of the implementation submitted to the municipal people's Government legal agencies.
    Tenth of municipal legislative affairs agency temporary evaluation shows that the need to continue the implementation of administrative licensing shall be submitted to the municipal people's Government decision to develop local regulations, report to the municipal people's Congress and its Standing Committee to formulate local laws.
    Municipal legislative affairs agency after an evaluation has been considered through the 13th article of the administrative licensing law of the column can resolve, do not need to continue the implementation of the temporary administrative permits, shall be submitted to the municipal people's Government make a timely decision to discontinue implementation of and modifications to the regulations.
    11th organ of laws and regulations have set the implementation of administrative licensing situation and evaluate the necessity of, its assessment for the first time shall not exceed one year after the implementation of the administrative license for 3 months. After evaluation, implementation evaluation report should be submitted to the municipal people's Government legal agencies.
    Need to be submitted to the establishment of an administrative license, the municipal people's Government legal agencies submitted to the municipal people's Government for approval according to the statutory procedures.
    12th a citizen, legal person or any other organization to the city setting and the implementation of the observations and recommendations of the administrative license.
    Set for rules and regulations relating to Economic Affairs, administrative permission, according to the city's economic and social development, think through the 13th article of the administrative licensing law of the columns can be resolved, may appeal to the municipal people's Government legal agencies to stop the implementation of the recommendations.
    Municipal law operators considered could be adopted, shall be submitted to the municipal people's Government is authorized, upon approval by the legal procedures, and in the city to stop the implementation of the administrative license.
    Economic Affairs, referred to in the preceding paragraph, refers to the relevant enterprises and other organizations engaged in production and business activities, provision of services and related activities.
    Chapter III administrative licensing organ 13th article of an administrative license by the administrative authority of an administrative license in accordance with its statutory mandate implementation.
    The organs of the Executive, and not on behalf of the Agency the implementation of administrative licensing.
    No provisions of laws, regulations, rules, administrative organs may not for the other administrative organ or other administrative bodies of administrative Licensing application at first instance.
    14th article developed local regulations draft authorized other organization implementation administrative license of, the Organization should meet following conditions: (a) law established of career Organization; (ii) has independent of corporate qualification; (three) has management public affairs of functions; (four) the Organization of functions and was authorized implementation of administrative license matters related; (five) has familiar about legal, and regulations, and regulations and business of staff; (six) has implementation corresponding administrative license by must of professional technicians and equipment facilities;
    (VII) ability to bear the corresponding legal responsibility.
    Adopted laws and regulations authorized by the Organization, not the implementation of administrative licensing.
    15th administrative authorities according to the provisions of the laws, regulations and rules, may entrust other administrative bodies of the implementation of administrative licensing.
    Delegated administrative authority should be familiar with relevant laws, regulations, rules and operational staff, implement appropriate administrative permission necessary for professional and technical personnel and facilities, and within the terms of reference in order to delegate authority on behalf of the implementation of the administrative license.
    Delegate authority shall delegate and entrusted with the institution's name, address, contact, delegate specific matters, mandates and legal responsibility for content in accordance with the provisions of article 17th newspaper published the people's Governments at the same level, and delegate authority, and office space is delegated authority publicity.
    Delegate authority should be entrusted authorities conduct supervision and inspection of the implementation of administrative licensing, and liable for the consequences of the Act.
    16th administrative organ for the convenience of the applicants application for administrative license may entrust other administrative bodies to accept administrative licensing applications.
    Entrusted with the authority shall be to delegate authority on behalf of the applicant accept or not to accept a written receipt of the application materials, will be responsible for application materials are submitted to the Commission for examination of admissibility decision, and served on the applicant the licensing.
    Delegate authority shall delegate and entrusted with the institution's name, address, contact, delegate specific matters, mandates and legal responsibility for content in accordance with the provisions of article 17th newspaper published the people's Governments at the same level, and delegate authority, and office space is delegated authority publicity.
    Principal organ entrusted with the authority to accept administrative licensing applications and assume legal liability for acts of administrative licensing decision.
    Published 17th, administrative license, the implementing organ system.
    Without a city, district and County Governments announced by administrative organs and tissues, not the implementation of administrative licensing.
    After the implementation of the administrative licensing organ authorized by the new, the implementation authority shall set the administrative licensing law and regulations published in the 10th, the organ's name and relevant basis documents reported to the people's Government at the legal institution, and approved by the people's Governments at the same level will be announced.
    Tianjin economic and technological development zone, the Tianjin Port bonded zone and the Tianjin new technology industrial park announced the implementation of administrative licensing organ system, implemented by the Board of management.
    18th the implementation of administrative licensing organ within its statutory authority, should be in accordance with the statutory conditions and procedures, deadlines, the implementation of administrative licensing.
    19th administrative organs the implementation of administrative licensing shall determine a uniformly accept administrative licensing applications, unified administrative licensing decision.
    20th administrative license law by implementing two or more administrative authority, municipal, district and county governments can determine an Executive accepts an application for administrative license and relay views through the integration to the administrative authority, can also set up an administrative License Service Center, set by the Government Executive organization associated with executive management, dealt with.
    Article 21st municipal people's Government according to the principle of simplification, uniformity and efficiency, of relevant administrative organs need to be referred to an administrative organ to exercise of the right of administrative license shall formulate implementation plans, approved by the State Council after the implementation.
    In a manner prescribed by law and deciding on the power of administrative approval by a uniform exercise of executive authority, and other administrative organs may not continue to exercise the power of administrative approval.
    Fourth chapter the implementation of administrative licensing program 22nd executive authorities the implementation of administrative licensing, shall at its offices and Chief Web site publicity the following matters: (a) the name of administrative licensing items, conditions, procedures, length of handle, needs to submit a list of all materials, (ii) according to relevant laws, rules and regulations and (iii) the applicant; (d) the application model.
    Limit the number of administrative licensing, publication number and should be accepted, approved.
    Should be submitted by the applicant to the Executive Office in accordance with law of administrative Licensing application, shall also be published.
    Need to use the application format text, publication should be provided.
    Publicized in the preceding paragraph, administrative authorities but also by the Tianjin Government, Government press, mass media and other means to facilitate the general public timely and accurately informed. Article 23rd Secretary sought for public content description, explanation, and executive staff shall immediately identify, explain, and provide accurate and reliable information.

    Applicants believe that the Executive instructions, interpretation is incorrect, may in writing require the Executive authority to be explained again; the administrative organ shall be written in the 3rd, interpretation shall not be intentionally concealing information.
    Need description, explanation of administrative licensing organ, set administrative organ shall submit the written request of the applicant authority.
    Article 24th Executive public demonstration of the application text provided to the applicant or rich text, should model before the opening text, format text styles at the people's Government of the rule mechanism to review, approval can be enabled.
    Government legal agencies shall be from the date it receives 5th review has been completed.
    Administration to the applicant for administrative Licensing application form text (including tables), and shall not charge fees and materials fees any fees by the authorities-Government website provides, shall allow the applicant a free download.
    Applicants using the copy or download from the Web site of administrative Licensing application form text (including tables) to apply, the administrative organ shall not be restricted.
    25th administrative organs the implementation of administrative licensing shall be for the applicant by letter, telegram, telex, fax, electronic data interchange and e-mail applications to create conditions and provide convenience.
    Administrative Licensing application is made by way of letters, telegrams, and Executive to sign the letter, telegram for the time of receipt of the application.
    Administrative Licensing application made by telex or fax, containing application content of the telex, fax to the executive authorities designated to receive applications for administrative license of electronic equipment for the time of receipt of the application.
    Administrative Licensing application is made by means of electronic data interchange, electronic mail, electronic data or e-mail to the Executive agencies to receive the system time to the time of receipt of the application.
    26th in receiving application materials submitted by the applicant, the administrative organs, should remind the applicant is responsible for the authenticity of the substance of the application materials.
    Executive asked relevant technical information and other materials submitted by the applicant, shall be according to the laws, rules and regulations.
    27th administrative authorities after receiving the administrative Licensing application materials submitted by the applicant, shall immediately review, and in accordance with the administrative licensing law article 32nd.
    Accepting an application for administrative license of executive authority, shall issue a notice of acceptance, stated the applicants, for the matter, agency, service time, commitment throughout time, complaints and monitor phone calls, and so on.
    The Executive authority does not accept administrative licensing applications should be returned to the application and issue a rejection notice, and shall not be considered reason.
    Notice of any admissible or inadmissible, you should indicate the date and sealed by the administrative body special rates delivered to the applicant.
    28th administrative organs of administrative licensing applications received after materials, find application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to correct content, fails to inform the, shall be accepted as of the date of receipt of the application materials.
    Applicant in accordance with the requirements of the administrative authority submit corrections applications all the time, for hours. 29th administrative license according to law by the lower administrative authority upon a higher administrative authority of first instance decision, lower-level administrative authority shall accept administrative licensing applications within 20th of this review has been completed and preliminary review opinions and submit all application materials directly to the higher administrative authority.
    On the trial period otherwise stipulated by laws and regulations, from its provisions.
    30th the Executive to review the administrative Licensing application and found that administrative licensing items directly related to the public interest, shall be announced to the public and hold a hearing.
    Following matters belongs to administrative license method 46th article provides of need hearing of involved public interests of major administrative license matters: (a) dangerous chemicals, and explosion products or toxic items production, and store license, directly relationship public security, and ecological environmental protection of matters; (ii) land, and city housing demolition license, directly involved limited natural resources utilization and public resources configuration of matters; (three) administrative organ think need organization hearing of other matters. 31st administrative licensing direct relations between the applicant and other major interests, the administrative organ shall inform the interested party.
    Statement submitted by the applicant or interested party and defence materials, the executive authorities should be archived for future reference.
    Before making the decision on the administrative license, the administrative organ shall notify the applicant and the interested person, the decision on the administrative license is intended to set out, informed of their right to request a hearing.
    The applicant, interested parties are informed of the right to a hearing date within 5th hearing application, the administrative organs shall, in accordance with the provisions of the law on administrative licensing hearing, and make the decision on the administrative license according to the hearing transcript.
    32nd in the executive authorities cannot make a decision on the administrative license within the statutory review period, it shall be submitted for approval to extend the period and will inform the applicant in writing of the reasons for the extension.
    Article 33rd applicant's application meets the legal conditions and standards, approving an administrative license of executive authority, it shall make a written decision on approving an administrative license, stated the administrative licensing items, effective period and from the date of decision to the applicant in the 10th issue, service certificates for administrative license, or labelling, and stamped with the seal of the testing, inspection, and quarantine.
    Made no decision on the administrative license according to law by the administrative authority shall take a decision issued to the applicant within 3rd day of no written decision of administrative license, set forth the reasons for refusing to license, the factual and legal basis, stamped with the seal of the executive authorities, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    34th administrative authorities issuing certificates for administrative license, shall specify the document name, issuing authority, the holder, administrative matters such as the validity period of the license, administrative licensing, indicate the date of issuance, and stamped with the seal of the executive authorities.
    35th administrative organs shall decide an administrative license is made, should be made public.
    Executive open decision approving an administrative license shall not charge or charges as a paid service or paid service in disguise.
    Article 36th citizens, legal persons or other organizations need to consult the decision on approving an administrative license shall apply to the implementation of the administrative licensing organ check out application, which shall include the following: (a) the applicant's name, identity and contact details; (b) the description of the lookup. Following receipt of a request the executive authorities, within their scope of acceptance should be registered on the spot. Unless you can answer off the cuff, or inform their way outside of the query shall be from the date of registration in the 3rd applicants check out.
    Do not fall within the scope of, the executive authorities shall inform the applicant immediately to determine Agency shall inform its contacts.
    Applicants are asked to print access to copy content or licensee application materials, certificate of administrative license and other information, or the applicant requests by mail, delivery, fax, e-mail and other forms of acquisition-related review, the administrative organ may be provided according to the actual conditions in accordance with their requirements, and involve State secrets, national security, trade secrets or personal privacy exception. Applications for administrative authorities to provide access to content, you can charge the applicant the actual retrieval, printing, copying, mailing, delivery and other costs. Fees enacted by the municipal finance and pricing Department, paid all fees listed finances.
    Otherwise provided for by laws and administrative regulations on fees from its provisions.
    37th administrative organs need to temporarily accept administrative licensing applications, should be suspended will suspend the administrative licensing items in advance, reason and suspend execution notice submitted to the municipal people's Government for approval after the deadline. Fifth chapter fees article 38th implementation of administrative license and to exercise supervision over and inspection of the licensee shall not charge any fee.
    Otherwise stipulated by laws, administrative regulations, and from its provisions.
    Administration the implementation of administrative licensing requirements should be included in the budget of the executive authorities, be guaranteed by the governmental finance, in accordance with the approved budget allocation.
    39th executive authorities in accordance with provisions of laws and administrative regulations, charge a fee, fee basis, fees and charges should be in Office publicity.
    40th formulation of local regulations, government regulations, may not be establishment of an administrative license fees.
    Sixth chapter supplementary articles article 41st term stipulated in these provisions to working days, excluding holidays.
    42nd article of the regulations come into force on July 1, 2004.
                                                                              Before the implementation of the provisions set out in the relevant normative documents of administrative license, incompatible with the administrative licensing law and the provisions of the suspended since July 1, 2004.

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