State Administration Of Radio, Film And Television Interim Measures For The Implementation Of Administrative Licensing Authority

Original Language Title: 国家广播电影电视总局行政许可实施检查监督暂行办法

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(June 18, 2004, State administration of radio, film and television announced 24th come into force on August 1, 2004) first to standardize the administration of administrative permission Act, advance Office administrative work according to law, in accordance with the relevant provisions of the administrative licensing law, these measures are formulated. The second Bureau of the Department of the implementation of administrative licensing shall strictly follow the administrative licensing law and other laws, rules and regulations.
    Laws, regulations and rules are not specified, these measures shall apply.
    These measures shall apply to the administration of the implementation of administrative licensing matters and by laws and regulations, the State Council decided to set up or retained by the administration of the implementation of administrative licensing matters.
    Article except as otherwise stipulated by laws and regulations, the implementation of administrative licensing shall not authorize other organs, organizations.
    In addition to laws, regulations, rules and regulations may entrust other administrative bodies the implementation of administrative licensing in the case, the Department of administration of administrative licensing items may not be allowed to entrust other administrative bodies to implement.
    May not authorize any except the Executive organizations, enterprises and individuals to the implementation of administrative licensing. Article fourth released without any provision, shall not be used as the basis for the implementation of administrative licensing. The implementation of administrative licensing bureaus shall perform the obligation of publicity, through the administration of designated place posted, to the applicant for administrative licensing Guide, on radio, television, newspapers, magazines and Government website and other means of publicity under the administrative license law of the 30th items.
    Except law shall not public of outside, following content should publicity: (a) administrative license matters, and according to, and conditions, and number, and program, and term, need submitted of all material of directory, applications model text and the license pieces style; (ii) hosted sector and the contact way (phone, and communications address and the e-mail address); (three) need hearing, and tender, and detection, and test, and experts argument and need other administrative organ organised of matters and the term;
    (Four) authorized implementation administrative license of organization and was authorized implementation administrative license of content; (five) by delegate of administrative organ and by delegate implementation administrative license of content; (six) law should first by subordinate administrative organ review of administrative license matters; (seven) on administrative license of implementation has objections Shi can take of complaints way (complaints phone, and communications address and the e-mail address); (eight) public right to query of material directory and the check out way.
    Same as the above publicity does not, to the administration of Government effective publicity for the site. Fifth Division for the implementation of administrative Licensing Board shall not alter any of the matters of administrative license established by law the name, criteria, procedures and deadlines.
    Law changes, it should update the relevant public content. Sixth Division for the implementation of administrative licensing shall be made to the applicant and to provide administrative license application, application forms, such as rich text, formatted text shall not include applying for administrative licensing items not directly related to the content.
    The applicant shall not be required to submit and application is independent of the administrative licensing items of technical information and other materials. Article submitted directly to the applicant or in accordance with the public contact by mail, fax or e-mail to submit applications for administrative license, public sector received the date of filing of acceptance.
    Applicant by post, by fax or e-mail to submit the administrative Licensing application, its filing date subject to the post. According to law should be reviewed by the lower-level radio, film and television administration, administrative licensing items, in publicity department received the date of acceptance by the Office of filing. Administrative Licensing application submitted by the applicant, should generally be accepted or make a decision on whether to accept the date of receipt of the application, shall not exceed a maximum of five working days.
    Accept or do not accept administrative licensing applications, to be issued to the applicant of the acceptance notice of administrative license, or the notice of administrative license will not be accepted. Applicants submitted application materials need to be corrected, Bureau for accepting applications shall immediately or within five working days of receipt of the application the applicant notice of the correction of application materials, one should supplement material listed in its entirety.
    The application notice of correction should be made in two copies, one copy to the applicant, a self-existence as a supplement after checking credentials. Administrative permission notification of acceptance of administrative licenses will not be accepted and the notice styles formulated by the administration of classification numbers.
    Notice of correction of the application material printed by the departments themselves.
    Article eighth related to the implementation of administrative Licensing Division Bureau of administrative permission through mailed notification of acceptance, the administrative Licensing application materials for the non-notification of acceptance, the correction notices, licensing and other documents on the applicant, based on file date (postmark date) for the day of service. Administrative license files are generally not served by fax or e-mail.
    In case of special circumstances, service by facsimile or electronic mail, should be provided with, a reissue of an administrative license by mail file. The Nineth jointly by two or more departments administrative licensing items, host departments are responsible for unified accept administrative licensing applications, in conjunction with the Coordinator, Division review, a unified administrative licensing files and so on.
    Assisted by departments need to review the list of materials should be provided in advance to host the Division.
    Co-organised the application notice of correction should include Division Bureau of administrative licensing matters concerning the required application materials. Tenth except as otherwise prescribed by laws and regulations, the implementation of administrative licensing bureaus shall accept administrative licensing applications within 20 working days of administrative licensing decisions are made.
    The implementation of administrative licensing bureaus such as the need to extend the review period, approved by the Deputy Secretary for Administration or in charge of, you can extend the ten working days, and shall inform the applicant of the reasons for such further period.
    According to the laws, rules and regulations, and make a decision on the administrative license according to law requires a hearing, bidding, auction, inspection, testing, verification and expert review, should be completed within the stipulated period, required for the implementation of administrative licensing bureaus shall inform the applicant in writing.
    Two more departments jointly handled matters, hosting departments should be co-organised with Bureau jointly determine the time needed by the implementation of administrative licensing, and determine the time frame to complete.
    11th the implementation of administrative licensing hearing is needed, organized by the Bureau for accepting applications and making hearing transcripts, and signed by the participants in the hearing after the confirmation of approval and filing.
    Hearing in accordance with the statutory procedures, the review officer other than the staff of the administrative Licensing application, applicant, interested parties require the moderator to withdraw, Bureau for accepting applications shall as soon as practicable and inform the parties.
    Hearing matters involving public interests, seven working days of the date on which the hearing should be held before the hearing time and place through the administration of Government Web sites shall be published. The 12th Division for the implementation of administrative Licensing Board shall review the application materials submitted by the applicant. Applicant to submit the application materials are complete and comply with the statutory format, the implementation of administrative licensing bureaus shall make a written decision on the administrative license.
    Need to verify the substance of the application materials, should be assigned more staff for verification. 13th article except legal, and regulations another has provides of outside, law should first by subordinate broadcast television administrative organ review of administrative license matters, subordinate broadcast television administrative organ decided accepted Hou, should in 20 a days within by legal, and regulations, and regulations of provides for trial, and according to administrative license method 35th article of provides will trial views and all application material directly submitted superior broadcast television administrative organ, shall not itself made granted or not granted administrative license of decided.
    Provide superior administration of radio, film and television authorities shall not require an applicant to repeat the application materials. 14th no written decision of administrative permission, it shall explain the reasons and inform the applicant shall have the right to apply for administrative reconsideration or bring an administrative suit.
    Applicants not satisfied with the decision on the administrative license according to law of administrative reconsideration, accepted by the General regulations Division.
    15th Division for the implementation of administrative licensing Council the implementation of administrative licensing shall be formed of all materials and supervision and verification of licensee administrative licensing items related filing of records and process the results. The implementation of administrative Licensing Division is responsible for the statistical acceptance, approval number, give notice of the number of administrative punishments.
    Regulations Department of statistics for administrative reconsideration of admissibility, based General Inspectorate is responsible for statistics, report and handle situations to handle complaints.
    Where the laws, regulations and rules require the public right to access material in connection with the implementation of administrative licensing, assisted by the Division for the implementation of the administrative license Bureau queries.
    16th Secretary Council is responsible for overseeing the implementation of administrative licensing to verify Licensee engaged in the activities of the administrative licensing items, according to the administrative licensing law, and radio, film and television related regulations and rules proposed views on administrative penalties against licensee, Director or Assistant is in charge of the approval of the Director. Verification on the ground, the implementation of administrative licensing bureaus shall have more than two (two) staff company, presented a letter of introduction to the licensee or its authorized person. Responsible for verifying staff will verify and process the results and records by verification and the verification of the licensee or his client signed after archiving.
    Licensee or its clients not to sign it, by verification indicate the presence of personnel reasons and refused to sign.
    Annual inspection of administrative licensing items need to be, and shall be based on provisions of laws and regulations.
    The 17th has been implementing an administrative license in accordance with the administrative licensing law article 69th, 70th, provides for the cases of revocation, cancellation, and the implementation of administrative licensing bureaus shall promptly apply for revocation, cancellation procedures.
    18th other administrative agencies, organizations and individuals reflecting activities illegal administrative license by licensee, to make the decision on the administrative license Division shall promptly verify, process.
    19th General Law Division and the General Inspectorate is responsible for supervising the implementation of administrative licensing of the Divisional Board, to verify the implementation of the administrative license, or directly to the applicant, the licensee to investigate the situation, and according to the results of the verification, and put forward recommendations. 20th Mission in General Inspectorate is responsible for handling complaints and social reporting. Violate the provisions of the administrative licensing law, criticized by the Department concerned shall be given education, criticized, removed from post, firing on them.
    Need to give party disciplinary measure, make recommendations to the departments under the administration of discipline.
    Can admit mistakes and correct irregularities and has not caused serious consequences, can be made lighter or mitigated or exempted from accountability for decisions.
    21st article except administrative license method 72nd article, and 73rd article, and 74th article provides outside, the Division Council has following case one of of, by General regulations Division or standing General monitored Council recommends corrected; plot serious of, by about sector law on directly is responsible for of competent personnel and other directly responsibility people give corresponding disposition: (a) unauthorized established, and change or canceled administrative license matters of; (ii) in law provides of license conditions and standard zhiwai, unauthorized increased other conditions or limit of;
    (C) violations of statutory procedures for the implementation of administrative licensing, and (iv) should withdraw decision on the administrative license or revocation of certificate of administrative license is not timely cancellation, revocation, cancellation procedures resulting in serious consequences (v) refuse or hinder supervision the supervision and inspection departments. 22nd law reviewed by the lower-level radio, film and television administration, administrative licensing and administration of radio, film and television authorities of relevant departments to subordinate the implementation of administrative licensing action should strengthen supervision.
    Where lower-level radio, film and television Administration did not impose administrative license in accordance with the provisions of the administrative licensing law, relevant departments should give criticism, and shall inform the local people's Governments to which it belongs.
    23rd authorized by the laws and regulations of the implementation of administrative licensing organizations and implemented by administrative organs were commissioned by the administration authority, delegated administrative permits, implementation of these measures.
    Local administration of radio, film and television authorities the implementation of administrative licensing, making reference to these measures.
    24th article this way come into force on August 1, 2004.
    State administration of radio, film and television administration permission technology = GF x (Director for short) license (subject to) the word (x years) under applicant ______ (name or company name) ____________________________________________, ________________________ in ____ ____ ____ year month day of administrative licensing matters concerning applications submitted, upon examination, is admissible.

                                                  Contact: Tel: notice is hereby given that. State administration of radio, film and television ____ ____ ____ year month day =tbl/> State administration of radio, film and television Administration does not accept the notice = GF x (Division for short) license (without) the word (x years) under applicant _____ (name or company name) _________________________ ___________________, In _____ year _____ month _____ day of ____________________ of administrative licensing matters concerning applications submitted, upon examination, decide not to accept, for the following reasons: 1, this application does not require administrative permissions, () 2, this application matters within the jurisdiction of the law does not belong to me, should apply to __________ organs; (3), not my ______ years and ______ months _ _____ We've made the application all application materials requested correction of the notice of correction.

                                                (A) notice is hereby given that. State administration of radio, film and television =tbl/> application materials ____ ____ ____ year month day notice of correction = GF x (Director for short) license (s) the word (x years) ____ number applicant (name or company name) _____________________________________

                                        _______, To the ____ day of _____ year _____ month ____________________________ administrative licensing applications submitted, upon examination, required to supplement the following material and content: 1, 2, 3, ... ... State administration of radio, film and television Department (Bureau) ____ ____ ____ year month day Note: the applicant again submitted material, not supplements, set out the various elements of the original notice, the Council would decide not to accept administrative licensing applications.
Applicants may prepare all the required materials, and a new application.
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