Zhengzhou Municipal People's Government On Entrusting The Implementation Of Several Provisions Of The Administrative Law Enforcement

Original Language Title: 郑州市人民政府关于委托实施部分行政执法事项的若干规定

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Zhengzhou municipal people's Government on entrusting the implementation of several provisions of the administrative law enforcement

    (August 2, 2011 the city of Zhengzhou municipal people's Government at the 62nd Executive meeting on December 24, 2011 Zhengzhou municipal people's Government order No. 201, published since December 24, 2011) the first to standardize the administrative enforcement of law, ensure the legitimate and effective executive action, in accordance with the People's Republic of China administrative licensing law and the People's Republic of China on administrative punishment law and other laws and regulations, combined with the municipality, these provisions are formulated.

Article in zhengdong new district administration within the following administrative license, the administrative examination and approval matters relating to the administrative authority may entrust implementation:

(A) the Department of business administration, Zhengzhou city liquor circulation registration can be commissioned the zhengdong new District Management Committee;

(B) the Zhengzhou urban construction administrative departments can be construction project bid management, building permits, final acceptance report for the record, delegate zhengdong new District Management Committee;

(C) Department of Zhengzhou environmental protection administration environmental impact evaluation of construction project files can be approval and acceptance of construction project completion of pollution prevention facilities commissioned the zhengdong new District Management Committee;

(D) urban planning administrative departments of Zhengzhou construction land use planning and site selection can be letters, planning permission, construction project planning permit of construction land, commissioned zhengdong new District Management Committee to implement but on urban roads, rail transportation, water supply, electricity, gas, heat, except for urban infrastructure construction communications;

(Five) Zhengzhou municipal management administrative competent sector can will City outdoor advertising set approval, occupied mining City Road, and river or occupied mining changes migration other municipal facilities approval, city building garbage disposal approved approval (city garbage business sex cleaning, and collection, and transport, and processing service license, city garbage vehicles transport license), and muck transport two-way registration card of handle, city drainage license issued, delegate Chung Dong District Management Committee implementation; (Six) Zhengzhou City Garden green administrative competent sector can will cut city trees, and transplant trees, and trim garden green plant approval (one-time cut trees 10 strains above, and cut or transplant paulownia Indus poplar, fast-growing species dbh 70 cm above and the other species dbh 50 cm above, and cut 50 years above age, and cut or transplant ancient tree name wood of except), temporary occupied City Green with to and the street flower beds, and spent with, and lawn approval (one-time occupied, and demolition green 500 square meters above of except),

Delegate zhengdong new District Management Committee;

(G) District, Zhengzhou city administrative departments can integrate social groups, registration of private non-enterprise units and other civil society organizations commissioned the zhengdong new District Management Committee;

(H) the water Administrative Department of Zhengzhou city planning water use indicators in the index can be approved, zhengdong new district management River construction project approval commissioned zhengdong new District Management Committee;

(I) the motor vehicle repair industry of Zhengzhou city authorities to delegate approval of the car wash industry zhengdong new District Management Committee;

    (J) the Guancheng Hui district, jinshui district, and ethnic affairs administrative departments approved halal certificate can be commissioned the zhengdong new District Management Committee.

Article in the zhengdong new district within the scope of management, the following matters concerning administrative department may authorize the imposition of administrative penalty:

(A) Administrative Department of Zhengzhou city water supplies can be violations of water management laws, regulations, rules of administrative punishment, commissioned zhengdong new District Management Committee organization legally established in accordance with the statutory requirements;

(B) integrated safety supervision and management departments of Zhengzhou city will violate the Fireworks business (retail) approval of administrative punishment for offences, delegate zhengdong new district administrative organization established by law in accordance with the statutory requirements of the Commission;

(C) may be illegal by the Administrative Department of press and publication, Zhengzhou sales publications (pirated discs, pirated books, etc) administrative penalties Act, delegate zhengdong new district law enforcement Bureau.

(D) Department of business administration, Zhengzhou can violate the alcohol circulation management laws, regulations, rules of administrative punishment, commissioned zhengdong new District Management Committee organization legally established in accordance with the statutory requirements;

(E) the Zhengzhou municipal administrative departments may breach the city, sanitation, municipal facilities management laws, regulations, rules of administrative punishment, commissioned zhengdong new district law enforcement Council;

(F) the competent administrative Department of Zhengzhou city landscaping would violate city laws, regulations, rules of administrative punishment, commissioned zhengdong new district law enforcement Council;

(VII) Zhengzhou outdoor advertising violate outdoor advertising can be set by the Administrative Department management laws, regulations, rules of administrative punishment, commissioned zhengdong new district law enforcement Council;

(VIII) Zhengzhou urban planning administrative departments can be violations of town planning laws, regulations, rules of administrative punishment, commissioned zhengdong new district law enforcement Council;

(I) the jinshui district, Guancheng Hui district city Kennel urban dog management in administrative departments can be violated laws, regulations, rules of administrative punishment, commissioned zhengdong new district law enforcement Council;

(X) Administration for industry and Commerce of Zhengzhou city administration of industry and Commerce administrative penalties for unlicensed vendors, commissioned zhengdong new district law enforcement Council;

    (11) the motor vehicle repair industry of Zhengzhou city administrative agencies violated the car wash business management laws, regulations, rules of administrative punishment, entrusted to the zhengdong new District Management Committee organization legally established in accordance with the statutory requirements to implement.

    Fourth Zhengzhou city audit departments can audit laws and regulations, the rules and regulations of the corresponding administrative law enforcement matters commissioned the zhengdong new District Management Committee or its organization legally established in accordance with the statutory requirements.

    Fifth in the city and County (city, district) people's Government established a special regional bodies within the scope of management, city and County (city, district) population and family planning administrative departments can be violations of family planning management laws, regulations, rules of administrative punishment, commissioned a special area management bodies established according to law and meets the statutory requirements of the organization.

    Social maintenance fees levied by County (city, district) population and family planning administrative departments under the State Council is imposed by the regulations on social care of the provisions of the fourth article, delegates of township (town) people's Government implemented or street.

    Competent administrative Department of Zhengzhou city, the works for the sixth annual water use plan can be indicators, planning water use increased temporary water index of administrative examination and approval, delegate, Zhengzhou city water supply water conservation technology center.

    Zhengzhou city, the works for the seventh administrative departments can be violated to save water-water facility metering, water resources fee collection management laws, regulations, rules of administrative punishment, delegate, Zhengzhou city water supply water conservation technology center. Eighth article in accordance with the provisions of the trust, delegate agencies commissioned by authorized agencies shall conclude the book. Power of attorney the entrusting administrative organ shall be included name, address, legal representative, was entrusted with the Organization's name, address, legal representative, delegate, powers of administrative law enforcement, according to delegate administrative enforcement of, delegate administrative law enforcement period, delegate the rights and obligations of both parties, and should bear the responsibility, and so on.

    Principal organs, by the legal representative of the applicant shall sign on the power of Attorney, power of attorney should be stamped on both sides unit seal.

    Administrative law-enforcement power of attorney signed, should be submitted to the municipal people's Government legal agencies audited. Nineth delegate the implementation of administrative law enforcement, delegate authority shall delegate authority and entrusted with the law enforcement organization's name, address, legal representative, and the scope of law enforcement, rights, deadlines, and the legal basis for such announcements.

    Without notice, shall not entrust the implementation of administrative law enforcement.

    Tenth principal organ or organization should delegate, powers, to delegate authority on behalf of the administrative law enforcement, shall not entrust other bodies, organizations or individuals.

    Entrusted with the implementation of administrative license, the administrative examination and approval and administrative punishment shall be sealed by the principal administrative instruments of administrative enforcement, confiscated money and charge fees in accordance with the penalty to pay separation and two lines of income and expenditure provisions over to the special financial account.

    11th was entrusted with the implementation of administrative license, the administrative examination and approval and administrative penalties and entrusted with organ or organization engaged in the administrative law enforcement personnel shall comply with the requirements of the training, examination and assessment of qualified and obtained a certificate of administrative law enforcement in Henan province before they can post law enforcement.

    12th the entrusting administrative organ shall strengthen the entrusting administrative organ, organization and implementation of administrative law enforcement supervision and inspection, implementation of the report to the municipal people's Government on an annual basis delegate, and the legal responsibility for the consequences of a delegate implementation.

    The 13th article of the special area referred to in article fourth, refers to the law is not to create a separate level of Government authorized by various development zones, industrial clusters, bonded zones, urban areas. The 14th article of the provisions come into force on the date of promulgation.