Shenzhen Administrative Provisions On Administrative Law Enforcement Bulletin

Original Language Title: 深圳市行政执法主体公告管理规定

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(April 29, 2003, Shenzhen People's Government Executive session of the 86th through May 31, 2003, Shenzhen Municipal People's Government, the 126th published) first to standardize the subject of administrative law enforcement in our city, safeguard and supervision of administrative enforcement powers according to the law, in accordance with the relevant provisions of laws and regulations, this provision is enacted. Second, subjects of administrative law enforcement bulletin, the application of this provision.
    However, country and province is the vertical except for the subject of administrative law enforcement.
    Article subject of administrative law enforcement in these rules refers to the establishment, on your behalf according to law, administrative inspections, administrative coercive measures, administrative sanctions, administrative enforcement of administrative bodies, institutions and other organizations. Article fourth subject shall be announced at City Hall in administrative law enforcement duties and within the competence of law enforcement activities.
    Without notice or enforcement activities beyond the scope of responsibilities and authorities for the announcement is invalid.
    Article fifth municipal Legislative Affairs Department (hereinafter referred to as municipal legal department) is responsible for the subject of administrative law enforcement prior to review.
    Municipal administrative review to the main law enforcement by the city Legislative Affairs Department reported to the municipality for approval after notice.
    Subject of administrative law enforcement in each district by district people's Government review and approved by the municipal legal department review reported to the municipality notice.
    Sixth article administrative law enforcement subject must meet following conditions: (a) law established; (ii) has legal, and regulations, and regulations provides of law enforcement duties and permission or Government adjustment law enforcement duties and permission of official file; (three) can to himself of name implementation administrative law enforcement activities and bear legal responsibility; (four) has institutions prepared sector approved of institutions prepared and meet conditions of law enforcement personnel; (five) has financial sector nuclear dial of funding; (six) meet legal, and regulations, and regulations of other provides.
    Seventh article administrative organ and legal, and regulations, and regulations authorized of organization drew attention to the administrative law enforcement subject review Shi, should submitted following material: (a) sector or organization head signed of drew attention to the review of letter; (ii) law established administrative law enforcement subject of official file; (three) provides administrative law enforcement subject law enforcement duties and permission of legal, and regulations, and regulations according to or Government adjustment law enforcement duties and permission of official file; (four) institutions prepared sector approved institutions prepared of file; (five) administrative law enforcement subject announcement text.
    Eighth of municipal legislative affairs departments, the District Government to review whether the subject of administrative law enforcement in accordance with the conditions laid down in article sixth Review and accepting the review drew attention to the review within 10 business days after comments, written notice to the attention of the review bodies or organizations.
    The review, review compliance with stipulated conditions, municipal legal department should review or review comments within 10 working days after drew approval from the Municipal Government announced.
    Nineth of administrative law enforcement bulletin includes: (a) the name of the subject of law enforcement, (b) law enforcement responsibilities and authority and (iii) primary enforcement basis; (d) the Office address, advice and complaints.
    Tenth administrative law enforcement organs must notice in the Bulletin of the Shenzhen Municipal People's Government.
    On the subject of administrative law enforcement in the Shenzhen Municipal People's Government Gazette notice, authorities can be Government approved the notice text in the municipal government information networks or other published media.
    11th administrative law-enforcement subjects after the announcement of the following circumstances occurs, must again draw attention to reviews and announcements: (a) the separation of the main law enforcement; (b) the law enforcement body merge; (c) the administrative principal name changes; (iv) according to the change of administrative law enforcement; (e) change of administrative responsibility and authority for law enforcement.
    12th 11th article in the present provisions, relevant departments should, in the circumstances specified by law, statute, regulation or official document within 15 working days after the entry into force, in accordance with the requirements of article seventh drew the city legal department or Government review, Legislative Affairs Department or District Government in accordance with the provisions of article eighth.
    Administrative law enforcement organs 11th paragraph (a), after the Division drew attention to the review of the organ or organization; 11th paragraph (ii), drew attention to the review by the newly established organ or organization; 11th paragraph (c), (d), (e), submitted by the original organ or organization drew attention to the review of the review.
    Advisory and administrative main office address, telephone changes, submitted by the original review of the organ or organization directly to the municipal government in the Office of the Shenzhen Municipal People's Government Gazette notice.
    13th administrative law-enforcement subjects after the approval of the municipal government, municipal Government Office shall, within 15 working days from the date of approval will be subject of administrative law enforcement notice text in the Shenzhen Municipal People's Government Gazette notice.
    14th administrative organ within its statutory responsibilities and authority, can, entrusts in accordance with the provisions of article 15th conditions of organization and implementation of administrative law enforcement activities.
    Principal organ entrusted with the Organization in the implementation of the terms of reference to monitor law enforcement activities and assume legal responsibility for the consequences of the activity.
    The entrusted organization shall, within the terms of reference, to delegate authority on behalf of the administrative law enforcement activities may not delegate any other organization or individual.
    Delegate authority during the delegate will no longer perform have entrusted entrusted with administrative enforcement powers of the organization.
    15th article by delegate implementation administrative law enforcement activities of organization must meet following conditions: (a) is law established of management public affairs of career Organization; (ii) has meet conditions of law enforcement staff; (three) in administrative law enforcement in the need for technology check or technology identification of, should has conditions Organization for corresponding of technology check or technology identification; (four) meet legal, and regulations, and regulations of other provides. 16th administrative organ entrusted eligible organizations the implementation of administrative law enforcement activities should be entrusted with the administrative law enforcement organizations enter into an agency agreement.
    Delegate administrative agreement shall contain the following particulars: (a) delegate authority, and was entrusted with the Organization's name, address, (b) law enforcement according to delegate authority; (c) commissioned law enforcement matters and authority; (d) the duration of mandates, and (v) was entrusted with the Organization of the law enforcement sources of funding; delegate administrative enforcement period shall not exceed five years.
    Delegate administrative agreement must be signed by the legal representative and stamped on both sides by units on both sides of the seal. 17th administrative authorities shall, and entrusted with the administrative law enforcement law enforcement organizations enter into an agency agreement within 10 business days after, will delegate matters, legal department or District Government, drew attention to the review.
    Drew attention to the review, shall provide the following documents: (a) signed by the head of the executive authorities drew attention to the review's correspondence; (b) entrusted with the official documents of the Organization, (c) delegate administrative enforcement agreement; (d), who was entrusted with the Organization of law enforcement and law enforcement funding sources; (v) the announcement text was entrusted with law enforcement organizations.
    18th of municipal legal Affairs Department, commissioned by the Government to review the necessity and legitimacy of administrative law enforcement, and in receiving the attention of the review comments within 10 working days after written notice drew attention to the review bodies.
    After examination and review is necessary and in accordance with the stipulated conditions, municipal legal department should review or review comments within 10 working days after drew approval from the Municipal Government announced.
    19th Commission after the expiry of the period of administrative law enforcement, if you need to continue to delegate, delegate authority shall delegate one month before the expiry of administrative law enforcement organizations enter into an agency agreement with the delegate, and drew attention to the review and approval in accordance with this bulletin.
    Delegate to a 20th body found organizations trust agreement or illegal implementation of commissioned law enforcement activities, should be ordered to remedy the serious, you can cancel a power of attorney.
    21st no organization or individual has the right to impose administrative law enforcement activities in violation of the provisions of the administrative bodies, institutions or organizations, to the Municipal Department of legislative affairs departments, and monitor complaints and comments.
    22nd of municipal Legislative Affairs Department found that been approved according to the provisions in the notice of the executive bodies, institutions or organizations for the implementation of administrative law enforcement activities, should immediately report the situation to the municipal government, ordered by the city to the discontinuation of the enforcement activities of administrative bodies, institutions or organizations.
    Article 23rd to impose administrative law enforcement activities in violation of the provisions of the administrative organs, heads of agencies or organizations and persons directly responsible by the municipal departments shall be subject to administrative liability.
    24th Municipal Government to report annually to the public of the city administration and directory of organizations entrusted with law enforcement.
    25th article of the regulations come into force on August 1, 2003.
                                                                                                              These provisions had been implemented before the post administrative enforcement of law enforcement activities and entrusted by the executive authorities to implement the Organization review and approve the notice of law enforcement activities, should be completed within six months from the date of issue of these provisions.