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Ningbo Provisional Regulations On Administrative Examination And Approval

Original Language Title: 宁波市行政审批暂行规定

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(August 28, 2002 Ningbo Municipal People's Government at the 37th Executive meeting November 2, 2002 by Ningbo Municipal People's Government announced the 105th) first to standardize administrative examination and approval of establishment and implementation, security and effective administration to supervise the executive authorities, to safeguard public interests and social order, and protect the legitimate rights and interests of natural persons, legal persons and other organizations, Zhejiang Province, according to the provisional regulations on administrative examination and approval, combined with the city's actual, these provisions are formulated.     Article of administrative examination and approval in these rules refers to administrative authorities according to applications of natural persons, legal persons or other organizations, granted by law to engage in specific activities, qualification of accredited qualifications or recognition of their specific qualifications, specific identification of specific administrative acts.     Executive to the other social services, as well as other organs or its internal personnel, finance and foreign affairs management, incentives and other matters, this provision shall not apply.     The third article of the municipal administrative organs and their laws and regulations authorized the Organization of administrative examination and approval, shall comply with this regulation.     Article fourth set and implement the administrative examination and approval, and shall follow the principle of legality, rule of reason principle the principles, rights and responsibilities as a unified, streamlined efficiency and supervision principles.     Fifth in addition to laws, administrative regulations, local regulations, provincial rules setting outside the administrative examination and approval, the City set the administrative examination and approval should be set by the municipal local decrees, government regulations, not to create other normative documents of administrative examination and approval.     Sixth administrative examination and approval, shall solicit the views of all sectors of the community and the masses, and the necessity and rationality of administrative examination and approval of scientific proof.     Government regulations of the administrative examination and approval, and must be in the Ningbo daily or on the Ningbo Municipal People's Government Gazette published unannounced, not as a basis for implementation of administrative examination and approval. Seventh article of the municipal administration is divided into-approval, the approval of two types.     Administrative authority granted to natural persons, legal persons or other organizations engaged in specific activities, as well as on the development and utilization of natural resources, limited public resources configuration, monopoly has a limited number of issues such as market access, apply the "approval"; Executive qualifications, qualifications recognition or confirmation of membership in a particular subject, a specific, for "approval".     The provisional regulations on administrative examination and approval in Zhejiang Province "special permission" for the provisions of the "approval", "license", "approval", "registration" for the provisions of the "approval".     Article eighth do not need administrative examination and approval, but the authorities need to strengthen supervision of the administrative relative person is engaged in activities according to law, government regulations can set administrative record; administrative relative person shall be provided to the relevant administrative organ for the record.     Nineth administrative approval must by law have the right of administrative examination and approval of the administrative organ or organization authorized by the laws and regulations within the scope of their statutory functions and implementation.     Administrative organ within its statutory mandate, in accordance with the provisions of the laws, regulations or rules may entrust other administrative organ or organization authorized by the laws and regulations on the implementation of administrative examination and approval.     Should be entrusted with the administration of the Executive or laws and regulations authorized organization responsible for supervision of the implementation of administrative examination and approval, and liable for the consequences of the Act.     Article tenth in addition to laws and regulations, regulations specify must first be examined by the lower administrative authority upon approval by a higher administrative authority issues, administrative approval level for examination and approval. 11th an administrative authority should be based on an internal bodies ("Windows") in the name of this body exclusively with administrative approval items.     An administrative approval items, should be implemented by an administrative authority for approval. Natural persons, legal persons or other organizations engaged in the same practices, laws, regulations, rules and regulations related to two and management functions over the Executive shall determine an administrative authority as the host Department accepts the application for approval, and hosted by the Department a copy of the relevant administrative organs are proposed, implemented by the host Department is responsible for the approval.     The above approval, also led by the sponsor using triage, countersigned, joint exploration and other procedures.     Such specific approval procedures, in accordance with the provisions of the repetition, cross the administrative approval items solution go through.     12th administrative authorities implement administrative examination and approval, approval matters, should be the basis, scope, criteria, deadlines, procedures, as well as all the material submitted by the applicant be publicized without public notice shall not implement administrative examination and approval.     13th applicants for administrative approval, should be submitted to the administrative authority laws, regulations, rules and regulations of related materials.     Executive administrative approval application the applicant, belong to the higher level areas of responsibility and the application materials are complete, it should be accepted on the spot; if the material submitted by the applicant does not, should inform the applicant in writing at once corrected all the material. 14th meets the statutory conditions of administrative examination and approval to the application, the law does not require a substantive review, verify and can make decisions on the spot, the administrative organ shall make a decision on the spot; need for substantive review of application materials, verification or field verification, the administrative organ shall be approved within 15 working days from the date of acceptance.     Otherwise provided for by laws, rules and regulations, from its provisions.     To particular matters or complex administrative examination and approval, the executive authorities cannot make a decision within the time limit mentioned above, agreed by the executive head may extend, extend no more than 10 working days, and the reason for extension of approval should be informed in advance applicants.     15th application for administrative approval for professional, technical and administrative organ should seek professional advice before making approval decisions.     Article 16th has a limited number of issues, two or more applicants are in compliance with the statutory requirements, the administrative organ shall, upon application by the order or by competitive bidding, auctions take its decision on whether to approve a fair competition.     Not using tenders, auctions involving the applicant, interested parties vital interests or public interests, the administrative organ shall conduct a hearing, shall make a decision after the hearing.     Article 17th except external laws, regulations, administrative organs to implement administrative examination and approval, shall not collect any fees.     18th administrative organs shall be liable for the approval action and of the outcome, and discharge the applicant's activities with respect to supervision according to law. Article 19th administrative approval liability system.     Executive heads should have lead responsibility for the approval of the Department, staff directly responsible for specific acts of approval of administrative examination.     20th Executive activities shall be subject to approval of the national people's Congress, the judiciary, the Government at the same level, as well as the supervision of democratic parties and the people.     Administrative supervision departments and government legal agencies specifically responsible for the oversight of the administrative examination and approval activities.     The administrative organs shall establish and improve internal oversight mechanisms of the administrative approval. Article 21st in violation of the provisions of the Executive without permission set or disguised setting of administrative examination and approval, its setting is invalid, and monitored by the administrative sector or Government legal notice set the administrative examination and approval organs be removed.     The Executive did not withdraw from this level shall be ordered to withdraw, and the executive head and persons directly responsible shall be given demerit or downgrade any circumstances are serious, shall be given administrative sanctions shall be removed from Office.     22nd article administrative organ violation this provides, has following case one of of, by this level Government or administrative monitored sector ordered deadline corrected, and depending on plot weight on its head and directly responsibility people law give warning, and serious warning, and demerit, and remember than, and downgraded disposition; plot serious of, law give dismissed disposition: (a) no due reason on meet statutory conditions of administrative approval application not accepted, and not approval or not in statutory term within made decided of;     (Ii) not by provides one-time written told applicants correction of all content of; (three) not by provides will approval of matters, and according to, and range, and conditions, and term, and program and applicants needed submitted of all material be publicity of; (four) on violation this provides 15th article, and 16th article provides, no through tender, and auction or consulting experts institutions views, directly made approval decided of; (five) violation provides unauthorized charges or not by provides standard charges of.     23rd article administrative organ has following case one of of, by this level Government or administrative wing door its head and directly responsibility people law give demoted, and dismissed until fired of administrative sanctions; constitute crime of, law held criminal: (a) beyond terms or violation provides program for approval, plot serious of; (ii) accept approval applicants or other interest relationship people bribery of; (three) not perform statutory of administrative approval duties serious against approval applicants or other interest relationship people lawful rights and interests of of;     (D) involving national interests, public interests, physical security and other major matters of administrative examination and approval, negligence, malpractice or seriously irresponsible decision on approval is made.     (E) the Executive authority does not perform its oversight duties or oversight, resulting in serious accidents or other major losses.     24th article natural, and corporate and the other organization has following behavior one of, belongs to business activities of, sentenced 10,000 yuan above 50,000 yuan following fine; belongs to non-business activities of, sentenced 200 Yuan above 2000 Yuan following fine; constitute crime of, law held criminal: (a) altered, and lending, and rental, and reselling administrative license documents of; (ii) beyond administrative approval license range for activities of; (three) to administrative organ provides false material or refused to provides reflect its activities situation of real material of.     25th article natural persons, legal persons and other organizations believe that the Executive of the administrative examination and approval are violations of their legitimate rights and interests, shall have the right to initiate administrative reconsideration or administrative proceedings.     26th article of the regulations come into force on December 20, 2002, April 12, 1999, the Ningbo Municipal People's Government issued regulations on the reform of examination and approval system repealed at the same time, the annex to the municipal government departments and units directly under the reservation and cancellation of approval, approval, review, revise the catalogue record matters (see annex 1) and the repetition, cross the administrative approval items disposal policy (see annex 2) implemented.      27th the specific application of these provisions by the municipal people's Government Office of Legislative Affairs is responsible for the interpretation. Annex 1: Ningbo Government the sector and directly under the units approval, and approved matters directory annex 2: repeat, and cross administrative approval matters disposal approach for reduced administrative approval in the exists administrative functions cross, and repeat, approval link too much of phenomenon, reduced administrative cost, improve administrative efficiency, convenient masses do, advance established science of administration system, according to Ningbo deepening administrative approval system reform implementation views, and Ningbo administrative approval provisional provides, special developed this approach. A handle, repetition, cross examination and approval matters of principle (a) two or more administrative authorities, in order to achieve the same or similar management objectives, approval for the same matters respectively in accordance with their respective functions, as duplicate items.     Repeat approval matters in principle belonging a administrative organ approval, does needed about sector participation of, according to Ningbo deepening administrative approval system reform implementation views and Ningbo administrative approval provisional provides in the about "a thing a business" of provides, put hosted sector yiwai of administrative approval program to administrative organ Zhijian of work program, that clear hosted sector and organised sector, by hosted sector accepted Hou copy told organised sector respectively proposed views, again law made approval decided. (B) two or more administrative authorities, in order to achieve different management objectives, approval for the same matters respectively in accordance with their respective functions, for cross-examination and approval matters.     Cross approval matters in principle according to Ningbo deepening administrative approval system reform implementation views and Ningbo administrative approval provisional provides in the about "parallel approval business" of provides, put "series approval" to "parallel approval", that clear directly accepted sector and non-directly accepted sector, by directly accepted sector is responsible for accepted, and copy told non-directly accepted sector in provides term within synchronization for approval, respectively made of administrative decided by directly accepted sector together replies applicants.     (C) after receiving the host Department a copy of the organised sector, there is no feedback in the time allotted, as agreed.     Not directly after accepting the copy departments receive a complaint Department, administrative decisions should be made within the specified time, and written feedback to the complaint Department.     (D) repeated disagreements arising in the administrative examination and approval, by hosting the administrative heads of the departments coordinated, and provide meeting minutes; differences of opinion remain not unified, submitted to the Government Leadership Award.     (V) repetition, cross items requiring administrative approval, in principle, into the city economic development centre. Second, identification of sponsors, the Department directly accepted sponsor identified departments and handled directly by the City Government, according the following principles: (a) the rule of reason.     Nature and administrative functions with the approval of the nearest Department of management objectives. (B) effective principles.     Through the most effective management tools and simple management matters, the most complete management power to approve Management Department.     Third, the responsibilities of various departments (a) Sponsor: in conjunction with the organised sector repeat approval procedures; administrative examination and approval of applications and co-organised a copy sector; take the form of triage, countersigned or joint exploration, assisted by consulting Department and to make executive decisions; association with the reply to the applicant and a copy sector.     (B) the Coordinator Department: involved in developing repeat approval procedures; after receiving a sponsor a copy, according to sponsoring departments determine the duration and manner of participation in approved activities.     (C) the complaint Department: in conjunction with the non-complaint Department cross-approval procedures; administrative examination and approval of applications, copy not directly accepted sector issued by the internal audit and the prescribed documents; administrative decisions will be made in a joint reply to the applicant. (D) not directly accepted by departments.     Participate in cross-approval procedures; after receiving directly accept Department copy, made in writing within the time stipulated in the administrative decision, and feedback.                            This approach applies to municipal administrative organs of administrative examination and approval, details see crossing administrative approval items disposition table and the repeating table of administrative approval items disposal.  Cross-administrative approval items disposal table repeat the administrative approval items disposition tables ___________________________