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Sichuan Province, The Implementation Of Administrative Licensing Procedures

Original Language Title: 四川省实施行政许可规程

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(Adopted at the 38th ordinary meeting of the Government of the Sichuan Province on 30 June 2004, No. 181 of 26 July 2004 on the date of publication from publication)

Chapter I General
Article 1 regulates the application of administrative licences, which is based on the National People's Republic of China's Administrative Accreditation Act (hereinafter referred to as the Administrative Accreditation Act), in conjunction with the Sichuan practice.
Article 2
Article 3. The administrative licence of the executive organs within the province must be determined by law, administrative regulations or by the State Department, the local legislation enacted or approved by the Sichuan People's Congress and its Standing Committee, as well as the administrative licence granted by the Government of the Sichuan Province.
The executive branch shall not carry out any administrative licence based on the preceding paragraph.
Article IV. The Government of the people at the district level should inform the society of administrative licensor matters and administrative authorizations carried out within the present administration, through the Government-designated media; the Government has established a public information website with a public information website. The Government of the people at the district level should be updated in a timely manner, in accordance with laws, regulations and regulations.
The administrative authority shall communicate the administrative licence matters to which the organ is carrying out, along with an indication of the executive branch and the public information. All administrative licensies carried out by the executive branch of the Government of the people at the district level should be shown in their columns and information. The administrative and political service centres that have established public information websites should be made available on their websites.
Article 5. The executive body shall develop implementation options for each administrative licence to which it is carried out, in accordance with the provisions of the relevant laws, regulations and regulations governing the enforcement of administrative licences, and report back to the authorities of the same-ranking people.
The executive licensor shall simplify the internal work process and increase efficiency.
Article 6. The rule of law institutions at the district level of the Government's rule of law and the executive licensor shall organize regular evaluations of the implementation of administrative licences and the need for the presence of citizens, legal persons or other organizations; report on a case-by-tier basis to the Government's rule of law bodies that are considered to be able to resolve through the manner set out in Article 13 of the administrative licence law, and the authorities responsible for bringing together information.
The provincial Government's rule-of-law institutions should organize periodic evaluations of administrative licence matters carried out within the province's administration, listen carefully to the views of the executive, civil, legal or other organizations, and report to the legal, regulatory and regulatory organs, as the process is to be carried out by the evaluation.
Article 7
More than the people at the district level have established a government service centre, and administrative licence matters should be treated and centralized in the Service Centre, and the relevant administrative authorities are not permitted to receive administrative licences in other places.
Article 8. The executive branch shall apply administrative licences to collect fees in accordance with the laws, administrative regulations and shall be charged in accordance with the published statutory items and standard charges; the fees charged must be paid in full to the treasury of the financial State, and any organ or individual shall not be allowed in any form to be retained, misappropriation, private separation or conversion. The financial sector shall not return to the administrative authority in any form or return to the costs charged by the administrative licence.
Article 9. In addition to the provisions of the law, administrative regulations and regulations, administrative authorities shall carry out administrative licences and conduct inspections of the licensee's licence matters without charge of any expenses.
The administrative authority shall apply administrative licences, organize hearings, organize evaluation requirements for administrative licences to be carried out by the organization, which shall be guaranteed by the budget of the executive branch.
Chapter II
Article 10. The executive body shall authorize other administrative organs to carry out administrative licences in accordance with the law, regulations and regulations, and shall sign the Implementation of an administrative licence commission.
The Implementation of an administrative licence commission shall contain the name, address, contact modalities, specific matters entrusted to it, the manner in which administrative licences are entrusted, the duration of the commission and the legal responsibility.
The Executive Accreditation shall be submitted to the institution of the rule of law of the people at the district level and to the social announcement through the Government-designated media and government websites. The executive branch (including the commissioning authority and the delegated authority) shall provide an indication of the executive authorization and publicity in this body. The National Service Centre established by the Government of the People at the district level shall be displayed in its bulletins and public information on all the executive authorizations signed by the Government of the people concerned. The administrative and political service centres that have established public information websites should be made available on their websites.
The delegated authority shall receive, on behalf of the delegated authority, the application for administrative licences, the decision to make administrative licences and the decision to be taken to the applicant. The organ entrusted with legal responsibility for the consequences of the commission of administrative licences by the competent organ.
Article 11
(i) The joint application of administrative licences, which is determined by the current people's Government to host administrative authorities to receive administrative licence requests, and to reproduce the administrative organs that receive administrative licence requests after their observations.
(ii) Decisions should be taken on the ground, and the Government of the current people may require the centralization of the relevant executive bodies; the establishment of a political service centre, which is organized by the SPS.
(iii) Execution of administrative licences, jointly by the relevant executive organs of the organization of the Royal People's Government. The Political Affairs Service Centre was established and is jointly organized by the Governance Service Centre for the administration.
Chapter III Implementation procedures for administrative licences
Article 12 The executive body shall compile, in accordance with the principles of the licensor, each administrative licence for its implementation, a guide for the processing of administrative licences to inform the applicant of the methodology and matters to be taken into account. The guidance on administrative licences should include matters relating to administrative licences, grounds, conditions, quantity, procedures, deadlines and inventories of all submissions.
The executive body should make the guidance on all administrative licences available to the office at which it receives administrative licence requests, and the administrative bodies that have established the public information website should be made available on its website.
The Political Affairs Service Centre established by the Government of the People's Government at the district level should provide guidance on the administration of all administrative licensor matters implemented by the Government of the current people in relation to the executive organs of the executive branch, in their bulletins, public information announcements, and the establishment of a public information website, which should be made available at the same time on its website.
Article 13 Applications for administrative licences will require the text of the form, which shall be made free of charge to the applicant.
The executive organs that have established a public information website should make the text of the application as well as the laws, regulations, regulations and regulations governing the application of the administrative licence basis available on the full text of its website and allow free download by the public.
A public information website has been established, and the text of all administrative licence matters implemented by the Government of the people at this level should be published on its website and allowed free download.
Article 14. The applicant shall guarantee the authenticity of the provision of material and provide evidence that it may confirm its identity in accordance with the law. In accordance with the need for the submission of formal written material, the executive branch shall communicate to the official written information to the applicant for administrative licensor at the time of receipt of the request or within five days.
Article 15 belongs to the terms of reference of this administrative body, requests for full, consistent with the statutory form of administrative licence, which shall be admissible by the executive branch and shall be submitted to the applicant with a copy of the request for administrative licence specified by the executive branch of Gébébé. The duration of the administrative licence starts with that date.
In the absence or in accordance with the statutory form of the application, the executive branch shall communicate to the applicant the full information that is required to supplement the information at the time of receipt of the administrative licence request or within five days and to the applicant a letter of communication.
Article 16, with respect to the circumstances set out in Articles 14 and 15, paragraph 2, of the present Protocol, has not fulfilled a notification obligation by the late executive body, which has resulted in the fact that the administrative licensor's replacement material remains incomplete or incompatible with the statutory form, and that the administrative authority must request the applicant to supplement the information requested in accordance with article 15, paragraph 1, of this Protocol. The applicant's time limit for updating the information is not subject to deduction from the administrative authority for the duration of the administrative licence.
Article 17, the executive branch shall make a decision in accordance with the law on the application of an administrative licence free of charge, shall transmit to the applicant the notice of the application for an administrative licence that has been specified by the executive organ of Géguébé and the date indicated, and shall provide specific grounds in the letter of credit. The decision of the administrative licensor to make an application for an inadmissible administrative licence to the executive branch may apply to administrative review or administrative proceedings in accordance with the law.
The applicant's submission of the application is fully and in accordance with the statutory form and does not require a review of the substance of the application by law, and the executive body shall make written administrative licence decisions at the time.
Article 19 The Political Service Centre established by the executive branch and the people's Government at the district level should use the means of communication, such as telephone, short letter, e-mail, to inform the applicant of administrative licences as soon as possible.
Article 20 of the decision taken by the executive branch to grant administrative permission and the information on the granting of administrative licences shall be made public, the public has the right to reproduce or free of charge; the executive body that has established a public information website shall grant the decision on the granting of administrative licences and the relevant information on the granting of administrative licences shall be made available on its website and the public has the right to free access and download.
Article 21, the applicant shall apply for changes in administrative licence matters, and the executive branch shall decide in accordance with the procedure for implementing administrative licences.
The time period for the executive branch to decide on the applicant's application for change of administrative licence is provided for by law, regulations and regulations, in accordance with the provisions of the law, regulations and regulations, and the duration of the initial administrative licence application shall not be required.
Article 2 requires specific rights matters such as the limited exploitation of natural resources, the allocation of public resources and the market access of specific industries that directly relate to public interest, unless otherwise provided by law, administrative regulations, the decision of the executive branch through fair competition, such as tendering, auctions, etc., and the responsibility of the executive organs, in granting administrative licences, shall be in writing with the licensee to enjoy the development, use, operation, benefits, etc. rights and legal protection of resources, environmental protection and other social public goods obligations, the right to services, the quality of services and the safety standards, and the responsibility of the licensee.
Chapter IV System of hearings
Article 23. The executive body shall organize hearings in accordance with the following administrative licence matters under the law:
(i) Legal, regulatory and regulatory provisions should be heard of administrative licence matters;
(ii) Administrative authorities consider major administrative licences involving public interest;
(iii) To be informed by law of the applicant for an administrative licence to the right to be heard, the owner, and, within the statutory period, to make a request for hearing.
Article 23, subparagraphs (i), (ii) of this Protocol provides for the conduct of hearings, which shall be open to hearing and receive social oversight, in addition to those relating to State secrets, and article 23, subparagraph (iii) of this Protocol provides for matters of hearing, except in relation to State secret, commercial secret or personal privacy.
Public hearings can be held and citizens, legal persons or other organizations may apply for participation.
Article 25 provides for the organ of the organization to decide on matters within the scope of article 23 of this Protocol.
In accordance with the law, the administrative licence matters decided upon should be reviewed by more than two levels of administration, with the ultimate decision being taken by the executive organ of the organization.
The legal body of the organization of hearings, or the relatively independent non-administrative licensor review body, is responsible for hearing organizations.
Article 26 The moderator is responsible for hearing a specific chairperson responsible for the recording of the hearings and the production of hearings.
The moderator was appointed by the head of the body of the hearing organization, who was appointed by the hearing facilitators.
Article 27 shall be impartial, objective and comprehensively heard by the presiding officer and shall exercise the following functions in accordance with the law:
(i) The time, place and manner for the holding of hearings;
(ii) Decides to suspend or extend hearings;
(iii) To verify the identity and competence of the witness participant and its commissioner;
(iv) Maintenance of a hearing order to put an end to violations of the senshrines;
(v) In relation to evidence of administrative licences, grounds for hearing;
(vi) Organization of the participants in the debate and evidence;
(vii) To require the hearing to provide or supplement evidence;
(viii) Other functions conferred by this Protocol.
Article 28 facilitators and recorders are one of the following persons and should be avoided:
(i) Reviewers for administrative licence applications;
(ii) Near relatives of the applicant, the stakeholder and the review of the administrative licence application;
(iii) Other personnel who have a direct stake in applying for administrative licences.
Article 29 Participants included reviewers for administrative licences applications, administrative licensors and stakeholders.
The applicant, the stakeholder may participate personally in the hearings or may sign a letter of commissioner, entrusting one to two persons to participate in the hearings.
The following administrative licence matters shall be communicated by the executive authority to the relevant information on the administrative licence hearings in a public declaration:
(i) Legal, regulatory and regulatory provisions should be heard of administrative licence matters;
(ii) Administrative authorities consider major administrative licences involving public interest;
(iii) Matters involving higher or non-specified administrative licences for persons of interest.
The administrative licence under subparagraph (iii) of the previous paragraph should be posted by the executive branch in conjunction with the publication of the announcements in the regional public places where the owner is located.
Article 33, paragraph (i), (ii) of this Protocol shall be implemented by the executive organs in accordance with the administrative licence matters set out in article 23, subparagraphs (i), (ii) of the present Protocol, and shall be placed in the public places where the person concerned is located through designated media.
The executive branch shall exercise administrative licence under article 23, paragraph (iii), of this Protocol, and the executive organs shall communicate to the applicant and the stakeholder, the right to request a hearing before making an administrative licence decision. The applicant, the stakeholder shall submit a request for hearing in writing to the executive branch within 5 days of the date of the right to be heard. The number of persons of concern is large and is represented by the stakeholder; it is difficult for delegates to move forward, and the executive branch should identify representatives in accordance with the order in which the application is received.
The applicant, the stakeholder shall, within 20 days of the date of application, organize a hearing and, in accordance with article 33 of the present Protocol, require a notice, in order to inform, in the form of a notice, the matter of the hearing, the time, the place of the hearing and the registration, choice of the participant. The late submission of a request for hearing was considered to have abandoned the hearing.
In accordance with the procedure set out in paragraphs 1, 2 and 2, there is no hearing of the applicant or the hearing of the witness, the owner of the relationship may not make an application within the statutory period, and the administrative body may not hold a hearing.
Prior to the commencement of the hearings, the moderator shall check the identity of the hearing participants, confirm whether the applicant, the jurists apply to the hearing facilitators and the recorders.
The applicant, the facilitators apply for the evasion of the hearing facilitators, who shall report to the head of the executive branch to decide whether to avoid it; the applicant's circumventation shall be decided by the hearing facilitators.
The hearing shall be conducted in accordance with the following procedure:
(i) The moderator read the hearing disciplinary;
(ii) Evidence, grounds and review recommendations from reviewers for administrative licence requests;
(iii) The applicant, the stakeholder to present evidence, reason and make statements and pleas concerning the application of administrative licences;
(iv) The reviewer, the applicant and the stakeholder debate on the grounds and the legal application of the administrative licence application, and the evidence provided by other hearing participants;
(v) A final presentation by the applicant, the stakeholder;
(vi) The closing of the hearing by the moderator. The hearing was confirmed by the participant or by the name.
The hearing should be made available. The hearings should contain the following:
(i) Administrative licence application;
(ii) The name and place of the moderator;
(iii) The name and place of the witness record;
(iv) The name or name, address of the participant;
(v) Time, place and manner of hearings;
(vi) Evidence, grounds and administrative licence review recommendations for the application of the hearing procedure by administrative licensor for review;
(vii) Presentations by the applicant, the person of the person concerned and the defence;
(viii) The content of the evidence and debate by the participants;
(ix) Acknowledgement of the participant's signature or chapter. The hearing licensor refused to sign or resignate, and the hearing was given by the moderator.
After the hearing, the moderator shall write a hearing report on the hearings and the review of the opinions and report the executive heads together with the hearings.
The executive organs shall make administrative licence decisions based on hearings.
Article 35 states that:
(i) The hearing of the participant cannot continue to participate in the hearings for reasons of irrevocability;
(ii) In the course of the hearings, new witnesses will be required to re-establish the evidence concerned, to investigate or to communicate the evidence to the site;
(iii) Other cases requiring suspension of hearings.
After the suspension of the hearing, the hearings should be resumed.
Article XVI: The applicant and the owner have one of the following cases, which is considered to have abandoned the hearing:
(i) There shall be no reason to participate in the hearings;
(ii) No hearing by the moderator to permit the removal;
(iii) Serious violations of hearings and non-recruitment;
As one of the circumstances set out in the previous paragraph is considered to have waived the hearing, the hearing may not be required again in the same matter.
Oversight inspection
In accordance with the provisions of the law, the executive branch of Article 37 shall conduct oversight inspections of the conduct of administrative licences by the lower executive branch.
More than the people's government inspectorate and the Government's rule-of-law institutions, the Government's rule of law enforcement agencies are specifically responsible for the supervision of the executive branch.
Oversight inspections should focus on the following matters and the finding that violations should be corrected by law:
(i) Whether administrative licences are granted in violation of the law;
(ii) Whether administrative licences are carried out in accordance with statutory authorization and statutory procedures;
(iii) Whether fees are charged pursuant to the provisions of the law, administrative regulations and that they are fully vested in the same-tier financial State;
(iv) Whether the responsibility for the supervision of the licensee is fulfilled by law.
Article 338 imposes administrative licences in violation of Article 3, paragraph 1, of the Convention, and any units and individuals may report to the Government's rule of law institutions at the district level that have been rescinded by the Government's rule of law bodies; the late non-removable report requests the Government of the same people to rescind documents authorizing the establishment of administrative licences and to correct administrative licence violations.
Article 39 should establish an administrative licence complaints regime to designate specialized agencies responsible for receiving and dealing with complaints of administrative authorizations against this administrative body and to make public information websites available to the public information site of the organ on the admissibility of the complaint and telephones.
The executive branch shall not reject the complaint. The author should be given a written return to the author when the complaint is admissible.
The executive branch shall notify the complainant in writing within 10 working days of the receipt of the complaint.
Article 40
Article 40. The executive body should establish a robust screening system, an inspection system and strengthen the inspection of the licensee's application of the licence.
When the administrative authority conducts a monitoring inspection of the licensee's application of the licence matter under the law, the inspection and the processing of the results should be recorded, and the inspection officer's signature is filed. The public has the right to access, in accordance with the law, the records of the inspectorate of the licensee.
Article 42, when the executive branch enters the licensee's productive operation, the law enforcement officer shall not be less than two and shall present administrative law enforcement documents to the parties or the person concerned. The parties or the persons concerned shall assist in the investigation or inspection and, if any, provide information and material.
Article 43 reports of actions relating to the enforcement of licences by citizens, legal persons or other organizations relating to violations of the law, and the administrative organs are valid and shall be processed in a timely manner and inform the reporting person of the treatment.
Article 44 quantification of administrative licences by the executive organs taking administrative licence decisions, in accordance with article 69 of the administrative licence law, shall be made in writing and shall be delivered to the licensee and the owner within 10 days of the decision.
The above-mentioned executive body found that the administrative licence decisions taken by the lower executive body had one of the cases under article 69 of the administrative licence law, deciding to withdraw administrative licence decisions, which should be made in accordance with the provisions of the administrative law enforcement oversight decision and sent within 30 days of the decision to the executive branch, the licensee and the person who had taken the administrative licence decision.
Chapter VI
More than forty-five people at the district level should establish a system of accountability for sound administrative permits, conduct of administrative authorities in violation of administrative licence laws and regulations and hold administrative responsibility for the persons responsible.
Article 46, which is ultra vires in the exercise of administrative licences, in the application of administrative licences, in the event of unlawful charges, in the absence of compliance by law with the licensor's oversight responsibilities, in violation of the statutory procedures, shall revoke the administrative licence decisions taken to correct administrative acts or sensitizing the relevant administrative organs to carry out their statutory duties, and, in the light of their circumstances, give the competent and other direct responsibilities directly responsible to war to the removal.
Article 47 states that the executive branch and its staff shall correct violations or inappropriate administrative acts and, depending on their circumstances, give the competent and other direct responsible persons directly responsible a warning to dismissal.
(i) In parallel with the receipt of administrative licence requests by the Service Centre, the application is accepted elsewhere;
(ii) In addition to the statutory conditions for administrative licences, compensation counselling, training, purchases, and the designation of brokering services;
(iii) It is not possible to determine the basis for the granting of administrative approval and qualifications, the accreditation of qualifications as pre-registration conditions for the enterprise;
(iv) In the absence of regulatory responsibilities under the law, the administrative relative person who has not found administrative permission has no longer been granted administrative licensor, or where the original administrative licence is not withdrawn, causing serious consequences.
Article 48 of the licensor's unlawful or inappropriate application of the licence matter, which causes the consequences of social harm, is governed by the following provisions:
(i) The licensee is in accordance with the statutory conditions of the administrative licence, but changes in or waives statutory conditions in the conduct of the administrative licence, which result in the consequences of social harm, and that the administrative organs implementing administrative licences do not fulfil their responsibilities for the supervision of the licensee;
(ii) The licensor is not in accordance with the statutory conditions of the administrative licence, and the executive branch examines the harshness and failures to make a false administrative licence decision to hold accountability for the negligence of the executive branch;
(iii) The executive body is aware that the licensor is not in accordance with the statutory conditions and that the licensor remains in a position to make administrative decisions and that the administrative organ is responsible for the abuse of its functions; that constitutes an offence and that the criminal responsibility of the responsible person is prosecuted by law.
Article 49 of the administrative authority is unlawful or improperly granted administrative licences, which is corrected by the rule of law body of the people at the district level by the executive branch responsible for violations and inappropriate enforcement of administrative licences, and is held accountable to the relevant responsibilities by the executive organs of the executive branch or the relevant administrative inspectorate.
The authorities of the above-mentioned people at the district level should establish a mechanism for joint meetings and collaborative cases, conduct specialized oversight inspections on a regular basis, identify and correct violations or inappropriately implementing administrative licences and hold administrative responsibilities under the law for those responsible.
Chapter VII
Article 50 of this Protocol is interpreted by the Office of the People's Rule of Law of the Sichuan Province.
Article 50 of this Protocol is carried out from the date of publication.