Fujian Province, Investigated And Dealt With Unlicensed Unlicensed Approach

Original Language Title: 福建省查处无证无照经营行为办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Fujian province, investigated and dealt with unlicensed unlicensed approach

    (March 20, 2014, Fujian Provincial people's Government Executive meeting of the 19th through March 25, 2014, Fujian Provincial people's Government announced come into force on the date of promulgation, 137th) first in order to regulate the acts of investigating unlicensed unlicensed, promoting fair competition, protect the legitimate rights and interests of operators and consumers, maintaining the order of the Socialist market economy, according to the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Second approach applies within the administrative region of this province to investigate undocumented operating without a license.

    In districts and cities and counties (cities, districts) and township (town) people engaged in business activities within the designated area of the operator, as well as engaged in business activities without a fixed place of business of the vendor, these procedures do not apply.

    Article III to investigate unlicensed unlicensed should follow each, collaborative, comprehensive, educational guidance Division of labor principle. The fourth people's Governments above the county level shall strengthen leadership to investigate unlicensed unlicensed work, established by the Government, relevant departments to deal with unlicensed unlicensed work, coordinate and supervise the relevant departments to investigate unlicensed unlicensed work, day-to-day affairs by the Administrative Department for industry and Commerce (hereinafter referred to as the business sector).

Departments investigate and deal with undocumented requirements for operating without a license, according to the functions of the existing sources, included in the budget at the same level.

Investigate unlicensed unlicensed work, led by the industrial and commercial sector, relevant administrative permit approval authority (hereinafter referred to as departments) should also bear the responsibilities conferred by laws and regulations.

    Supervisory organs of the monitored objects perform investigate unlicensed implementation responsibilities to monitor without a warrant.

    Fifth people's Governments above the county level should be established to investigate unlicensed unlicensed work appraisal mechanisms, investigating and dealing with cases of undocumented work without a license into the target evaluation system of government performance, regularly working in the relevant departments to investigate unlicensed unlicensed for review and assessment, evaluation results as evidence of the relevant Department and head of reward and punishment.

The sixth only to obtain a business license to engage in business activities according to law, but did not make, without engaging in business activities, by the Commerce Department is responsible for the investigation.

The need to obtain a business license in accordance with law, shall obtain the relevant certificate of administrative license before engaging in business activities without obtaining, engaging in business activities without authorization, and by the authorities responsible for investigation and punishment of administrative licensing.

Business license shall be obtained according to law and shall obtain the relevant certificate of administrative license before engaging in business activities, without, without engaging in business activities, in accordance with the following provisions deal with:

(A) law without by Qian reset sex administrative license can handle license, and not handle license and about administrative license documents, unauthorized engaged in business activities of, by business sector or first found no card no as business behavior of other administrative license of competent sector is responsible for investigation; has made license and not made about administrative license documents of, by administrative license of competent sector mainly is responsible for investigation, business sector be tie.

(Ii) law must by Qian reset sex administrative license party can handle license, and not handle Qian reset sex administrative license documents, unauthorized engaged in business activities of, by Qian reset sex administrative license of competent sector mainly is responsible for law processing; has made Qian reset sex administrative license documents and not made license, unauthorized engaged in business activities of, by business sector mainly is responsible for investigation, Qian reset sex administrative license of competent sector be tie.

    Laws and regulations on the technical aspects of operating without a license without a license deal with special provision from its provisions.

Seventh article on same business project involved has has order of more items Qian reset sex administrative license of no card no as business behavior, by first order made administrative license decided of competent sector mainly is responsible for law processing, other Qian reset sex administrative license of competent sector and business sector be tie; Qian a order administrative license of competent sector has made administrative license decided of, by Hou a order administrative license of competent sector mainly is responsible for law processing, other Qian reset sex administrative license of competent sector and business sector be tie.

    No order on the same management projects involving a number of prospective undocumented operating without administrative permission, discovered by the first front of unlicensed unlicensed administrative licensing authority or coordination of the people's Governments above the county level shall determine the competent authorities responsible for law and other prospective licensing authorities and industrial and commercial administrative departments to cooperate.

The eighth industrial and commercial departments should strengthen supervision and inspection, and in dealing with unlicensed behavior, to find an administrative license according to law and without the parties, without engaging in business practices, administrative license shall be informed in a timely manner or transferred to the relevant authorities.

    About administrative license of competent sector should established sound supervision system, active verification, and timely processing no card business behavior, on found party has without made related administrative license of no as business behavior of, should timely informed or transferred business sector processing; on found no card business behavior not belongs to this sector administrative license regulatory range of, should timely informed or transferred about administrative license of competent sector processing.

    The Nineth of township (town) people's Government, the streets, the village (neighborhood) committees (community) should assist the industrial and commercial sector and the competent authorities to investigate undocumented operating without a license, found within its jurisdiction without a license of unlicensed or for production of unlicensed unlicensed business premises, storage, storage conditions, and shall promptly report to the relevant departments. Article water supply, electricity, gas, oil, telecommunications and other service enterprises, may not know or should have known belonged to the operation without a license without a license as provided herein and provide services has provided services on receipt of notification of the competent authorities or the business sector should stop providing services.

    Otherwise provided by laws and regulations, from its provisions.

11th no organization or individual has the right to the business sector and the competent departments to report unlicensed business without a license. Business sector and the competent authorities shall publish reports, complaints, and receive reports and complaints in a timely manner. Verified, the business sector and the competent authorities shall be informed of the results anonymous complainants, informants, and in accordance with the relevant provisions of the State grant awards.

Does not belong to the jurisdiction of the Department should be promptly transferred to the relevant departments and inform anonymous complainants, informants.

    Any organizations or individuals found that industrial and commercial sectors and authorities not to perform the duty of supervision and management or supervision and administration of the law, right to his superior or supervisory authorities, report to the competent Department.

12th business sectors and authorities when investigating suspected of operating without a license without a license, shall exercise the following powers:

(A) to suspend related activities;

(B) enter the business premises to conduct inspections;

(C) to the units and individuals related to the investigation, aware of the situation;

(Iv) access, replication-related contracts, notes, books, and other materials;

(E) in accordance with the laws and regulations sealing up, distraining and unlicensed unlicensed premises, facilities, or property relating to the conduct, but may not be sealing up, distraining the necessities of individual citizens and their dependant;

(F) the laws, rules and regulations of other supervision and inspection measures.

    Unit or individual may refuse or obstruct business sector and competent authorities to investigate and punish undocumented operating without a license.

    13th industrial and commercial sector and the competent authorities in accordance with the law in the process of investigating unlicensed unlicensed, considered illegal fact that the amount of money involved, the facts of illegal plots and illegal consequences of the fact that, in accordance with the relevant provisions alleged to constitute a crime, criminal law, shall be transferred to the public security organs in accordance with the provisions.

14th provincial development and reform authorities should rely on digital resources in Fujian province, construction supervision and management system without a license without a license (hereinafter referred to as the management system), provincial departments and the district municipalities, counties (cities and districts) for sharing information.

    Business sectors and departments should use management system, investigate unlicensed unlicensed information collection, file such work, and shall be announced to the public.

The 15th industrial and commercial sectors and departments in the daily supervision and management work of information access to unlicensed unlicensed, you need to inform the relevant departments at the same level or the business sector, should be a copy in the 5th.

Administrative permit of law subject to the front before they can apply for a business license, and authorities during the period of business license revoked, revocation, cancellation of prospective certificate of administrative license, or lead and continuation was not in accordance with the law of expiry of certificates for administrative license procedure, shall, after the expiry date of the suspension, revocation, cancellation or in the 5th, with copy to the departments of industry and commerce management system.

Department of industry and commerce business license revocation, revocation, cancellation, or the expiry date of the license and is not in accordance with the law extended procedures, shall, after the expiry date of the suspension, revocation, cancellation or in the 5th, copy to the departments through the management system.

    Business sectors and departments administrative penalties for operating without a license without a license, shall be illegal facts and copy of results through the management systems.

16th industrial and commercial sectors and departments should receive management information management system in accordance with the provisions, and in accordance with the law; require feedback shall be completed after the 5th in the feedback.

    Is a copy of the business sector and the competent authorities in accordance with provisions of feedback, a copy of the industrial and commercial sectors and departments should urge.

17th people's Governments above the county level and the departments concerned should take measures, business location, business and vocational skills training, vocational skills, and so on, provide support for operators, convenience and information consulting services.

    The people's Governments above the county level shall include operators are required to operate the site in urban and rural construction planning and schedule.

18th without certificate of administrative license operators, their operating conditions, scope, engaged in the project in accordance with provisions of laws and regulations, shall urge and guide its deadline in accordance with relevant formalities, legitimate business.

    Without certificate of administrative license operators, after rectification, the conditions and scope of, management projects in line with laws and regulations, should lead within a legally relevant formalities, legitimate business.

    Zero-employment families and people with disabilities the 19th article, no sources, employment difficulties, unemployment and other cases of personnel, without administrative permission, without authorization, is not related to people's health, public security, environmental security operations, causing no adverse social consequences, should guide and supervise within relevant formalities, legitimate business. 20th industrial and commercial sector and other authority of an administrative license in accordance with this approach the sixth, seventh, segregation of duties provided for in article, without license when operating without investigating, shall, in accordance with the relevant laws, rules and regulations will be punished.

    Legal, and regulations, and regulations no provides of, by business sector or other administrative license of competent sector ordered stop violations, and at 1000 Yuan above 10,000 yuan following of fine; plot serious of, at 10,000 yuan above 30,000 yuan following of fine; on involved against public security, and personal property security, and ecological environmental protection, and limited natural resources utilization of, at 30,000 yuan above 200,000 yuan following of fine.

    21st article violation this approach tenth article provides, water, and power, and gas, and for oil, and telecommunications, service enterprise has for no card no as business behavior provides service, in received competent sector or business sector of notification Hou, not stop provides service of, by business sector or other administrative license of competent sector ordered deadline corrected; late not corrected of, at 3000 Yuan above 30,000 yuan following of fine.

    22nd article violates this article 12th paragraph, refuse or obstruct the administrative Licensing Department to investigate and punish undocumented operating without a license, activities contravening public security management, public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized constitutes a crime, criminal responsibility shall be investigated according to law.

The 23rd industrial and commercial sectors, departments and their staff in the course of investigating unlicensed unlicensed, violate laws, regulations, rules and regulations, any of the following acts, by its superior authorities or supervisory organs shall investigate the competent personnel and administrative responsibilities of other responsible persons constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) an applicant who meets the statutory requirements, no administrative approval or disapproval decision on approving an administrative license is made within the statutory time limit;

(B) to ask for and accept other person's property or to gain other improper interests;

(C) harboring and conniving of operating without a license without a license;

(D) illegal use, replacement or damage was seized, seizure of premises, facilities, or property;

    (E) other acts in violation of these rules.

    24th operations without a license without a license in these measures refers to units or individuals shall obtain the certificate of administrative license according to law and without, or beyond the scope of administrative license, or certificate of administrative license has been revoked according to law, revocation, cancellation, or the expiry date of the certificate of administrative license is not renewed, and engaged in business activities without authorization. 25th article this way come into force on the date of promulgation.