Key Benefits:
(Consideration at the 102th Standing Meeting of the People's Government of the State of 14 March 2008 of the adoption of the Decree No. 173 of 4 April 2008 concerning the date of publication) Article 1 provides for strengthening the management of administrative law enforcement, regulating the commission of administrative licences, administrative sanctions, guaranteeing the legal nature of the executive law enforcement, in accordance with the laws, regulations and regulations, such as the National People's Republic of China's administrative licence law, the People's Republic of China Administrative Punishment Act, and developing this approach in the light of the actual practice of the city. Article 2 refers to the commission of administrative licences, which is referred to as an administrative authority with administrative licensor, and, in accordance with the provisions of the law, regulations, regulations and this approach, the granting of administrative licences to other administrative organs in accordance with the prescribed procedures. This approach refers to the commission of administrative sanctions by an administrative authority with administrative penalties, which, in accordance with the provisions of the law, legislation, regulations and this approach, entrusts administrative penalties to the organization in accordance with the prescribed procedures. Article 3 is implemented in accordance with this approach, in accordance with the provisions of Article 3. Other laws, regulations, regulations and regulations provide for the commission of administrative licences and administrative penalties. Article IV, city, district (community), the Government of the People of the Region is responsible for the management and supervision entrusted by executive law enforcement at this level, with specific work being undertaken by the same-level people's rule of law institutions. Article 5 is entrusted by the executive body to carry out administrative licences and administrative sanctions, which should be specified by law, regulations and regulations. The laws, regulations, regulations and regulations have not yet been clearly established, and administrative authorities are required to commission administrative licences and administrative sanctions in accordance with objective circumstances, which may be authorized by the authorities of the city, in accordance with the relevant provisions of the scheme. Article 6. The laws, regulations and government regulations shall be subject to administrative licences, administrative penalties, and administrative sanctions by organizations that are mandated by law, regulations and regulations to administer the functions of public affairs. Article 7 may, in addition to the procedures set out in article 8, paragraph 2, of this scheme, be entrusted to the Government of the commune (communes) and to the street offices in accordance with the procedures set out in article 5, paragraph 2, of the scheme. Article 8 The following administrative licence matters shall not be entrusted with implementation: (i) Administrative licence matters involving specific activities of national security; (ii) Limited exploitation of administrative licences for the use of market access for natural resources; (iii) Administrative licence matters such as public safety, personal health, vital equipment, facilities, products, goods testing, testing, quarantine, etc.; (iv) Other administrative licence matters that are not properly commissioned. Article 9. Administrative penalties may be imposed by law on the organization in compliance with the provisions. Administrative penalties for administrative detention must not be delegated. Article 10 is subject to the approval of administrative penalties that have been relatively centralized in the exercise of administrative penalties, and in accordance with the relevant provisions of the State and the provincial people's Government, no other organization may be entrusted with their implementation. Article 11. Organizations entrusted with administrative penalties shall have the following conditions: (i) Organization of the management of public affairs, established by law and registered by legal entities; (ii) Without operational activities, office funds are subject to full budget management; (iii) Formal personnel who are familiar with legal, regulatory, regulatory and operational knowledge relating to the subject matter of administrative sanctions; (iv) Technical examination or technical recognition of the need for an offence should be accompanied by corresponding human, material, technical equipment or technical identification. Article 12 Article 13 entrusts the execution of administrative licences and administrative penalties, in accordance with the following procedures: (i) The administrative body to be entrusted to the Government of the city's rule of law body to report on administrative law enforcement requests and to demonstrate that the mandated units are in compliance with the relevant conditions of article 11 of this approach; (ii) The review of the application reports and materials by the rule of law institutions of the Government of the city, consistent with the requirements of the scheme, the submission of a review, the approval of the Government of the city; the non-compliance with the requirements of this approach and the written notification of the application authority; (iii) Approval of the commission of commissioning, entrusting the executive branch and the authorized units to sign a letter of approval to the Government's rule of law bodies; (iv) Approval of the commissioning of a notice by the competent organ and the name, address, statutory representative, and the scope, competence, duration and legal basis for the commission of law enforcement. In the absence of the procedure provided for in the preceding paragraph, administrative licences and administrative penalties shall not be delegated. Article 14. Written letters should include the following: (i) The name, address and legal representative of the executive branch; (ii) The name, address and legal representative of the authorized unit; (iii) The scope and competence of administrative law enforcement; (iv) The basis for commissioning administrative law enforcement; (v) The time period for the commission of administrative law enforcement; (vi) The rights and obligations of both parties and the responsibility to be assumed; (vii) Authorize the executive branch, the authorized representative of the authorized unit to sign and add the chapter of the unit. Article 15. Ratify the commission of administrative licences and administrative sanctions, and shall have the following information to the Government of the people at the highest level: (i) Approval of documents and public statements entrusted with the implementation of administrative licences, administrative penalties; (ii) Written entrusts; (iii) The basis for the commission of administrative licences and administrative sanctions. Article 16 is entrusted with the imposition of administrative permits and administrative penalties, and administrative law enforcement officials shall obtain administrative law enforcement certificates in the Southern Province, in accordance with the provisions of training, examinations and qualifications. Article 17 The delegated authority shall, within the scope and competence of the commissioning body, impose administrative licences and administrative penalties on the behalf of the entrusted organ, and shall not be entrusted to other organizations or individuals for administrative authorization, administrative sanctions. The law enforcement should use the administrative law enforcement instruments of the sealed organs of Gégué, the payment of unpunished funds and the fees charged shall be paid to the financial exclusive recipient in accordance with the provisions of the payment of separation and the payment line. Article 18 entrusts the executive branch with strengthening the supervision of the commissioning of administrative licences, administrative penalties by the organs of the executive branch, and the legal responsibility for the consequences of the commission. Article 19 units entrusted with the execution of administrative licences, administrative penalties are not properly enforced, administrative penalties, or go beyond the scope of commission, competence, duration of administrative authorization and administrative penalties, which should be delegated to the organ to be responsibly; in serious circumstances, the organ is entrusted with a suspension or recovery of the commission, as well as to the city, the district (community), the territorial Government. Article 20, city, district (community), the rule of law institutions of the territorial Government should conduct regular oversight of the commission of administrative licences and administrative sanctions. The authorities should report on the implementation of the mandate to the same level of people's rule of law bodies. In one of the following cases, municipalities, districts (markets), rule-of-law institutions of the Government of the People of the Region should be responsible for the correction of the staff holding the Administrative Law Enforcement Evidence of the Southern Province of the River, in accordance with the prescribed procedures, for the recovery of administrative law in the Southern Province, in accordance with administrative conditions, for administrative disposition by the relevant departments; and for the commission of criminal liability by law: (i) Execution of administrative licences and administrative penalties without clearance and approval; (ii) Provision of false material for approval of administrative licences and administrative penalties; (iii) Excluding the scope of the commission, the competence of the commission, the commission of administrative licences and administrative sanctions; (iv) Authorize the execution of administrative licences, administrative penalties which have serious consequences or negative impacts. Article 21 of the Government's rule of law institutions and their staff members are not subject to a prescribed administrative licence, administrative penalties for the commission of matters relating to review, causing serious consequences or adverse impacts, and are subject to administrative disposition by law, which constitutes a crime and are criminally criminalized by law. Article 2 provides for administrative licences and administrative penalties, in accordance with the provisions of this approach, in the municipalities with administrative licensor, administrative penalties. Article 23, other administrative law enforcement activities other than administrative permits, administrative penalties, are to be carried out and are governed by the procedures established under this scheme. Article 24 The application of administrative licences and administrative penalties has been commissioned prior to the operation of this scheme, which shall be reviewed in accordance with the provisions of this approach. In accordance with the conditions of commissioning, the procedures are to be filled; they are not in compliance with the conditions for the commission of the commission. |
