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Several Provisions, Nanning City, The Implementation Of Administrative Licensing

Original Language Title: 南宁市实施行政许可若干规定

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(Adopted by Decree No. 3 of 21 March 2007 of the People's Government of South New York on 2 March 2007)

Chapter I General
In order to regulate the implementation of administrative licences and protect the legitimate rights and interests of citizens, legal persons and other organizations, the provisions of this provision are based on the National People's Republic of China's administrative licence laws and regulations.
Article 2
Article 3. The application of administrative licences by the licensor shall be governed by lawful, public, fair, fair, efficient and civil principles.
Chapter II
Article IV. The administrative licence matters imposed by the licensor must be established by law, administrative regulations, the State's decision, local legislation or regulations of the Government of the people of the autonomous region.
Article 5 The Government of the city reminds the City People's Congress and its Standing Committee of the draft local legislation to establish administrative licences that should be consulted on all aspects of society, including through hearings, symposia, etc., on the need and feasibility of establishing administrative licences.
Article 6. The licensor shall not establish the conditions for the granting of the administrative licence subject to the authority.
The General Assembly of National, Self-Government and Municipal People's Representatives and its Standing Committee do not provide for specific elements of administrative licences, requests, procedures, deadlines, etc.
Article 7. Newly published laws, administrative regulations, the State's decision, local legislation or regulations of the people of the self-governance area create administrative licences or adjust the name of the original administrative licence matter, the organ implementing the administrative licence shall, within 15 days of the date of publication, designate or adjust the administrative licence matters to the list of the Government's rule of law institutions in the Southen city.
Article 8 Laws, regulations and regulations provide for matters relating to backup, and the executive branch shall not change or change administrative licences.
Article 9. The rule of law institutions of the Government of the city may entrust professional institutions with an evaluation of the establishment and implementation of administrative licences and make relevant observations and recommendations to the Government of the city.
Chapter III Execution of administrative licences
Article 10. The licensor shall entrust the other administrative organs with administrative authorization by law and shall sign the application of the administrative licence authorization and file with the State's rule of law institutions within 15 days of the signing of the award.
The letter of commission shall contain the names, addresses, means of communication, the basis of the commission, the commissioning, the competence of the commission, the duration of the commission.
The book should be made available at the office of the competent authority and the delegated authority, as well as on the Government's information website.
The delegated authority carries out administrative licences in the name of the organ entrusted. The commissioning authority conducts oversight inspections of the activities carried out by the delegated authority with respect to administrative licences and assumes legal responsibility for the consequences of the commissioning of administrative licences.
Article 11. The licensor shall apply administrative licences in the name of the organ and shall not apply administrative licences in the name of the body in force, except as otherwise provided by law, regulations and regulations.
The administrative licence needs to be carried out by a number of institutions established within the licence authority and should determine whether an in-house body is in charge of the application of administrative licences and the award of administrative licences.
Article 12 The licensor shall set up a service window at the municipal, district (zone) service centre established by law, which shall be harmonized by the service window to receive administrative licence requests and to harmonize the delivery of administrative licence decisions. The Government of the city, the district (zone) also provides for its provisions.
Article 13 Administrative licensing projects are required by law by more than two licensors, and municipal, district (zone) government services should be responsible for joint administrative licensing and centralized coordination, as requested by the Government of the communes.
Chapter IV Implementation procedures for administrative licences
Article 14. The licensor shall establish, in accordance with the law, operational protocols for each administrative licence project to which it is responsible, to be published in the office, the Government information website or the media.
The municipal service agency is responsible for guiding the operation of the administrative licence project in which the licence authority develops the normative format.
Article 15. The licensor shall establish a system of responsibility for the implementation of administrative licensor positions, specifying the responsibilities of the holder and the specific staff.
Article 16 The licensor shall establish a robust first-hand mechanism to determine the first staff member or other staff members who receive the applicant's first staff, who are responsible for receiving the applicant and registering, tracking and transmitting the results.
Article 17 The applicant shall be informed, interpreted and provided with accurate and reliable administrative licence information in cases where the licensor has questions about the content of the licence authority, or in the process of completing and updating the request for information on the matter.
Article 18, the licensor requests the applicant to apply for administrative licences in a uniform format or form, and the licensor shall not collect the costs of the work expenses, information fees, etc., free of charge.
The licensor shall allow the applicant to download the text or form of the requested administrative licence application from the Government information website.
Article 19 The licensor shall combine administrative licence work with e-government. Conditions should be made open to the application of online administrative licences for admission, processing and processing.
Article 20 provides a legal basis for the licensor to conduct the first instance of the administrative licence application for other administrative organs or other administrative organs.
Article 21, the applicant submits the administrative licence request material to the licensor, and the licensor shall give the applicant a copy of the special seal and a written certificate indicating the date indicated. The grounds should be indicated without receiving or inadmissibility.
The application submitted by the applicant is in full and in accordance with the statutory form, and the licensor shall make a decision on the application of administrative licences in accordance with the law.
The application is incomplete or incompatible with the statutory form, and the licensor shall communicate to the applicant the full range of the content and the duration of the replenishment.
Article 23. The licensor shall not determine the admissibility at any time and shall, within five days of the date of receipt of the administrative licence application, review the fullness of the application and the manner in which it is in accordance with the statutory form and inform the applicant in writing of the full content that the applicant needs to be filled.
In one of the following cases, the licensor shall make a written decision in accordance with the law on the application for administrative licence inadmissible and shall state the facts and the reasons:
(i) The matter of application is not covered by the organ;
(ii) The non-exhaustive or incompatible with the statutory form of the application shall not be required if it is not communicated by the law to the extent that the material is not completed or to be filled;
(iii) The applicant submits the relevant administrative licence application within the time period specified in article 78 of the National People's Republic of China's Administrative Accreditation Act and article 79 of the Regulation.
Article 25. The licensor conducts a review of the material submitted by the applicant in writing, with the exception of the provisions of the law, regulations and regulations.
The applicant is responsible for the authenticity of the submissions and the licensor may request the applicant to make a written commitment to the authenticity of the submissions.
The licensor, in accordance with the statutory conditions and procedures, requires field verification of the substance of the application, shall assign more than two staff members in a timely manner to verify the time, content and manner of the applicant's verification.
Article 26 The licensor shall establish a system of time-bound closure, determine the time frame for the internal process of administrative licence matters and make administrative licence decisions within the statutory period.
The licensor's external commitment to the processing of administrative licence matters is short of the statutory period and shall take administrative licence decisions within the commitment period.
Article 27 shall hold a hearing by the licensor before making an administrative licence decision.
(i) Significant matters in urban planning, construction and management;
(ii) Significant matters in the social cause of science and technology, education, culture, health and sports;
(iii) Legal, regulatory and regulatory matters should be heard;
(iv) Other important matters that are closely related to the interests of the public.
The licensor shall notify the following persons of the right to request a hearing before the administrative licence decision is made:
(i) The applicant with a limited number of administrative licence matters;
(ii) Those who have a direct impact on the interests of the neighbouring person;
(iii) Administrative licensor matters relate directly to other stakeholders who have major interest relations with others.
Article 29 provides that the licensor shall not be granted administrative permission by law and shall make a written decision on the grounds and basis for the non-administerment of administrative licences and shall inform the applicant of the right to apply for administrative review or administrative proceedings in accordance with the law.
The technical standards and technical norms on which no licence is based should also be explained in accordance with tests, tests, quarantine results.
Article 33 shall preserve the copies of the award of administrative authorizations and establish a specialized search window in the office premises, which shall be made available to the public on a limited resource development, public resource allocation, market access for specific industries of direct interest, and administrative licences for matters requiring specific rights, should also be made available on the Government's information website, except for national secret, commercial secret or personal privacy.
Article 31 does not provide for annual trials, annual inspections or periodic inspections, review and review by the licensor.
Article 32 provides that the administrative licence decisions taken by the licensor shall be taken in the relevant sector, and that the relevant licensor shall, when making an administrative licence decision or making changes to the administrative licence decision, redirect the decision.
Oversight inspection
Article 33 licensors should establish a system for monitoring inspections, in strict compliance with the National People's Republic of China's Administrative Accreditation Act, to carry out oversight duties for the activities of the licensee in carrying out administrative licence matters.
Article 34 quarant authorities should promote the establishment of a sound self-assessment system by the licensee and may conduct a monitoring examination of the licensee, including by law, of sampling inspections, testing, field inspections, regular inspections.
The licensor shall not interfere with the normal production operation of the licensee in accordance with the preceding paragraph and shall not seek or receive the property of the licensee and shall not seek any other unlawful interest.
Article 35 Recorded by the licensor of the subject of a monitoring examination by the licensee shall allow citizens, legal persons and other organizations to access, replicate or extract, except for State secret, commercial secret or personal privacy.
The supervisory inspection of administrative licences by the sub-licensor shall be strengthened by the above-mentioned Article XVI licensor to correct in a timely manner violations of administrative licences.
The above-level licensor may use the following methods for supervision of the sub-licensor:
(i) Administrative licence review;
(ii) Inspection and investigation;
(iii) Review of major administrative licence decisions;
(iv) The processing of administrative licence complaints, reports, administrative review;
(v) Other methods of oversight that may be taken by law.
In accordance with their respective responsibilities, the Government's inspectorate, the rule of law and political service agencies conduct oversight inspections of the application of administrative licences by the licensor.
Complaints and reports by citizens, legal persons and other organizations have been established by law, and the authorities of the urban, district (zone) people should be governed by the law by the relevant licensor, which should be held in accordance with the law.
Article 39 of the licensor is disputed with respect to the administrative licence authority, which is coordinated by the law of the State's rule of law, and is not coordinated by the Government of the people at this level.
Article 40
Chapter VI Legal responsibility
Article 40. The licensor shall establish a system of accountability for the sound administrative licence error, and shall hold the responsibility of the person concerned in accordance with the law in breach of the provisions of the first interrogation regime and the time limit system or other omissions and misconduct.
Article 42 is one of the following cases: the inspection department, the licensor or other competent authority should be held in accordance with the law to hold administrative licensors directly responsible and other persons directly responsible:
(i) Reactivate the administrative licence projects that have been discontinued;
(ii) Establish administrative licences in violation;
(iii) In addition to statutory licence conditions, additional conditions affecting the exercise of the rights of the applicant have been added;
(iv) Applications for administrative licences consistent with statutory conditions are inadmissible;
(v) The law should be heard without hearing;
(vi) To grant administrative licences for applications that are not in accordance with statutory conditions or go beyond statutory authorization;
(vii) Contrajection, misappropriation, private separation or conversion of fees charged by administrative licences;
(viii) The failure to perform administrative licensitization duties or to monitor the serious consequences, in accordance with the law;
(ix) There are other violations and grave consequences.
The acts of persons responsible under the preceding paragraph have been committed and brought to justice for criminal responsibility.
Chapter VII
Article 43
Article 44