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Jilin Municipal People's Government On The Establishment And Implementation Of Provisions Of The Administrative Examination And Approval

Original Language Title: 吉林市人民政府关于设定和实施行政审批的规定

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(Health No. 144 of 15 August 2003)

Article 1 regulates the creation and implementation of administrative approval, preserves the public interest of society, protects the legitimate rights and interests of citizens, legal persons and other organizations, and establishes this provision in the light of the relevant legislation.
Article 2
Article 3. The municipal rule of law sector is responsible for monitoring and management of the establishment and implementation of administrative clearance matters.
Article 4 Laws, administrative regulations, local legislation, regulations of the Department of State and provincial government regulations have already established administrative approval matters, and the administrative regulations established by the municipality may specify the conditions, procedures, deadlines for administrative approval. No organ shall expand the scope of approval, extend the time frame for approval and increase the process of approval.
Article 5 Governments should strictly limit the establishment of administrative approval. Administrative approval shall not be granted through the following means:
(i) Individuals, legal persons or other organizations may be autonomously decided without prejudice to the legitimate rights and interests of States, groups and others;
(ii) Effective settlement through market mechanisms;
(iii) Any other civil liability can be resolved through civil compensation or will not cause significant damage to be recovered;
(iv) Self-governance by normative, impartial intermediary or industry organizations;
(v) To be addressed through the development and implementation of mandatory standards;
(vi) Other administrative practices, such as post-implementation oversight, can be addressed.
Article 6 The granting of administrative approval through local legislation is also required to be brought to the deliberations of the Standing Committee of Municipalities in accordance with the statutory procedures.
The executive branch shall not create administrative approval matters through other forms, such as normative documents.
Article 7 creates administrative approval matters that must clarify the rights of the organ, the content, conditions, time frames and the management of the relative person, simplify the approval chain, open course of operation and public approval.
Two or more departments are required for the same matter, and the division of competencies should be clearly defined.
Article 8
Organizations that are mandated by law, legislation and regulations to administer the functions of public affairs may, within their own authority, carry out administrative approval.
Article 9. The executive branch and its staff shall not be entrusted to other organizations by the authorization authority to be exercised by this sector, paying fees and increasing the burden of the applicant. Except as otherwise provided by law, legislation and regulations.
The commissioning organization shall, within its delegated authority, carry out administrative clearances on behalf of the executive branch and shall not be entrusted to other organizations or individuals for administrative approval.
The commissioning of administrative approval by the competent organization within the scope of the commission is subject to the approval of the municipal authorities' rule of law.
Article 10. The executive organs shall apply for administrative approval and shall determine whether an internal body is in charge of the application for administrative approval. An administrative approval shall be carried out only by an internal body and shall not be subject to administrative approval by multiple internal institutions.
Article 11. The executive organs shall carry out administrative approvals and shall make a presentation at the office premises on matters relating to administrative approval, on the basis, procedures, deadlines and all material and administrative approval requests submitted for administrative approval.
The applicant shall apply for administrative approval and shall submit the relevant material at the request of the executive branch.
The applicant requests the executive branch to clarify and interpret the content of the indicative material and that the executive branch should provide clarification, interpretation and not reject it.
Article 12 Applications for administrative approval by the executive branch of the applicant shall be dealt with separately:
(i) The matter of application does not fall within the scope of the duties of the organ, and should be decided at the time to be inadmissible and communicated to the applicant to the administrative body competent to receive his application;
(ii) The applicant shall be informed, on a one-time basis, of the full or incompatible nature of the application;
(iii) The applicant's full application material does not require a substantive review, verification of the application for administrative approval, which can be decided at the time and should perform administrative approval procedures at the time;
(iv) The applicant's application needs to be reviewed substantively and cannot be decided at the time and the decision to make administrative approval within the statutory time frame. The decision to grant approval shall be taken within 15 days of the date of admissibility.
Article 13. The executive authority's application for administrative approval by the applicant, which is inadmissible under law or not approved, shall provide a written justification and inform the applicant of the right to apply for administrative review and administrative proceedings.
Article 14. Except as otherwise provided by law, legislation and regulations.
Article 15, without the approval of the provincial price, the financial sector, the executive branch shall not receive any expenses. Except as otherwise provided by law, legislation and regulations.
Costs that may be charged by law must be borne by the executive branch in full, and any unit or individual may not be kept in private in any form.
Article 16 governs the establishment and implementation of administrative clearance matters in the city. Oversight inspections can be carried out through the establishment of administrative clearance project archives, regular inspections, popular reporting and feedback from the sector.
Newly established and implemented administrative clearances under the law shall be reported by the executive body within 30 days of the date of publication, implementation.
Article 17 needs to be adjusted and cancelled after the operation of the administrative approval process, which shall be approved and made public by the municipal government after the approval of the rule of law sector.
Article 18 In violation of administrative approval provisions, the executive branch has one of the following acts, which is to be corrected by the rule of law sector and the financial, material, inspection or its superior authorities. In the event of a serious or uncorrected period of time, the executive branch at the senior level may hold the executive responsibility of the competent and other persons directly responsible under the law. Crime constituted criminal liability by law:
(i) The establishment of administrative approval matters or the continuation of the approval of administrative clearances already cancelled;
(ii) To change administrative approval conditions, targets or scope;
(iii) Abuse of authority, beyond time frames, toys negligence and to take administrative approval decisions in favour of private fraud;
(iv) Receive charges or self-containing, misappropriation, private subordination or private charges under the law.
Article 19
Article 20 provides for the implementation of the provisions effective 1 October 172.