Harbin Municipal Administrative Organs To Implement The Administrative Licensing Authority To Require

Original Language Title: 哈尔滨市行政机关实施行政许可监督规定

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(December 12, 2003, Harbin municipal people's Government at the 15th Executive meeting on December 24, 2003, Harbin municipal people's Government announced the 103th) first to strengthen the implementation of the administrative license of Executive Authority supervision, improve administrative efficiency, and protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China and other relevant provisions of the administrative licensing law, this municipality, these provisions are formulated.
    Provisions of this article apply to the supervision of the municipal administrative organs at all levels the implementation of administrative licensing.
    The provisions of article III of the said administrative bodies, and refers to the implementation of the administrative license according to law, municipal districts and counties (municipalities) people's Governments and their departments, districts and counties (cities) people's Government sent agencies and township (town) people's Government.
    Fourth municipal people's Government is responsible for the city's oversight in the implementation of the administrative license of executive authority, and is responsible for implementation of this provision.
    District and County (City) people's Government responsible for the departments, agencies and township (town) people's Government oversight in the implementation of the administrative license.
    Municipal departments responsible for the supervision of subordinate parts of the system the implementation of administrative licensing work.
    City, district and County (City) Legislative Affairs Department commissioned by the people's Governments at the corresponding level is responsible for the day-to-day supervision of the implementation of administrative licensing.
    Fifth administrative organs shall, in accordance with legal authority, scope, procedures and conditions for the implementation of administrative licensing.
    Sixth administrative authorities shall, in the implementation of administrative licensing matters relating to, the basis, conditions, amount, procedure, period, needs to submit a list of all materials and application model in Office publicity and supervision of administrative license, and through the bulletin, convenient manual, electronic touch-screens, websites and other forms of published, ease of knowing and monitoring of citizens, legal persons and other organizations.
    Seventh administrative organs should be accepted on behalf of the Executive administrative licensing items.
    Article eighth of an administrative licensing matters, by two or more administrative authority according to law shall be handled in accordance with the provisions of the joint.
    Nineth Executive received applications for administrative license applicants, confirm the application falls within the scope permitted by the present authorities, application materials are complete and comply with the statutory format, should be accepted and issue the notification of acceptance of administrative licensing.
    The notification of acceptance of administrative license shall contain the applicant, application, acceptance, processing time, and commitment throughout time, person in charge, complaints and monitor phone calls, stamped, and signed by the Agency and the person in charge.
    Administrative body fails to take a decision on the administrative license according to law, the applicant may complain to the Government legal departments or organs.
    Article Declaration materials are incomplete or not in compliance with the statutory form, the administrative organ shall clearly inform all applicants need to supplement content and issue the notification of replacement parts.
    11th article does not meet the application provided for in laws, regulations, rules, administrative organs when reviewing the filings, made on the spot can be identified as not decide matters of administrative license shall be identified on the spot, and make a clear reply to the applicant, issued the notification of refund.
    After the 12th administrative authorities make a decision on the administrative license, besides involving State secrets, business secrets and personal privacy, content, administrative licensing should be decided through bulletin boards, electronic touch-screens, websites and other forms of public inspection and oversight of citizens, legal persons and other organizations.
    13th of municipal, district and County (City) Government legal departments and supervisory organs illegal implementation of the administrative licensing and reporting system should be established.
    No units or individuals found that administrative authority in contravention of the implementation of administrative licensing, right to complain to the Government legal departments and supervisory organs, reported.
    14th article government legal sector can through following form on administrative organ implementation administrative license situation for supervision: (a) take Ming check unannounced visits to of form, carried out administrative license supervision inspections; (ii) in joint handle administrative license of locations established supervision gang and presence supervision personnel; (three) on implementation administrative license of staff for assessment, and question; (four) on administrative license implementation situation for Social Survey; (five) on accepted of administrative license complaints, and reported case for survey processing. 15th administrative authorities should be allowed to engage in the activities of administrative licensing items carry out supervision and inspection, and supervision and inspection and processing of the results shall be recorded.
    Directly related to public safety, human health and life and property safety of equipment and facilities to carry out regular tests.
    16th article administrative organ violation this provides has following case one of of, by this level government legal sector ordered corrected, give informed criticism, and by monitored organ or this level Government according to management permission on its main head and directly responsibility personnel give demerit until dismissed, and out work post of administrative sanctions: (a) on meet statutory conditions of administrative license application not accepted, and not license or not in statutory term within made administrative license decided of;
    (Ii) on joint handle administrative license led sector transferred of administrative license matters not according to provides time and requirements handle of; (three) not issued administrative license accepted notice, and replacement pieces notice or back do pieces notice of; (four) not according to provides once written told applicants correction all content of; (five) not according to provides will license of matters, and according to, and range, and conditions, and number, and program, and term, needed submitted of all material directory and applications model text and supervision phone be publicity of;
    (Six) law should according to tender, and auction results or exam results preferred made granted administrative license decided, without tender, and auction or exam, or not according to tender, and auction results or exam results preferred made granted administrative license decided of; (seven) unauthorized charges or not according to statutory project and standard charges of; (eight) assigned not has legal qualification personnel implementation administrative license of; (nine) not law perform supervision check duties or supervision poor caused serious consequences of.
    17th article administrative organ violation this provides has following case one of of, by this level government legal sector ordered its immediately stop administrative license activities, deadline corrected or deadline itself revoked has made of administrative license decided, refused to implementation of, drew attention to the this level Government revoked has made of administrative license decided, and give informed criticism; plot serious of, by monitored organ or this level Government according to management permission on its main head and directly responsibility personnel give administrative remember than until fired of administrative sanctions:
    (A) the administrative licensing items without authorization or without laws, rules and regulations pursuant to the implementation of administrative licensing; (b) to set up on behalf of the Agency the implementation of administrative licensing; (c) an applicant who does not meet the statutory requirements administrative license or beyond the legal authority to make decision on the administrative license.
    18th article administrative organ staff violation this provides, has following case one of of, by this level government legal sector temporarily buckle its administrative law enforcement documents; plot serious of, by sent card organ collection its administrative law enforcement documents, and by monitored organ or this level Government according to management permission on its main head and directly responsibility personnel give administrative remember than until fired of administrative sanctions: (a) using positions Shang of convenience, bewilders, and Le card management relative people, obtained, and received others property of;
    (B) an implementation of administrative licensing to the interests of the State or civil cause damages, legal persons and other organizations, and (iii) beyond the terms of reference, of abusing the implementation of administrative licensing.
    19th executive staff violate these regulations to interested economic losses, compensation shall constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 20th laws and regulations authorize the management of public affairs organizations and administrative bodies in the context of their statutory duties, in accordance with the laws, regulations and Rules entrust other administrative bodies under the supervision of the implementation of administrative licensing, these provisions shall apply.
    21st the specific problems in the application of these provisions by the municipal Legislative Affairs Department is responsible for the interpretation.
                                                                                22nd article of the regulations come into force on July 1, 2004.

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