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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(Standing, Nanning, March 2, 2007 meeting on March 21, 2007 3rd release from the people's Government of Nanning city as of May 1, 2007) Chapter I General provisions article in order to regulate the implementation of administrative licensing, and protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative licensing law and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.
    Second municipal administrative bodies and organizations authorized by the laws and regulations (hereinafter referred to as licensing authorities), the implementation of administrative licensing shall abide by these provisions.
    Article licensing authorities the implementation of administrative licensing shall follow the legitimate, open, fair, equitable, efficient, and convenient principle.
    Chapter II establishment of an administrative license fourth licensing authorities the implementation of administrative licensing matters must be approved by laws, administrative regulations or the State Council decided, local regulations, or the autonomous regional people's Government rules.
    Fifth of municipal people's Government drew attention to the municipal people's Congress and its Standing Committee draft local regulations for consideration of the proposed establishment of an administrative license, through hearings, feasibility study meeting consulted various sectors of the community in the form of opinion, demonstrate the necessity and feasibility of the establishment of an administrative license.
    Sixth licensing organ may not be added to the implementation of administrative licensing matters concerning licensing conditions.
    Statutory administrative license, national, autonomous regional and municipal people's congresses and their standing committees does not provide licensing requirements, application materials, procedures and time limit the implementation of administrative licensing content, determined by the licensing authorities drew attention to the municipal people's Government in accordance with law.
    Article published by the new laws, administrative regulations or the State Council decided, local laws or Government regulations establishing administrative license or the original name of the matters of administrative license, subject to adjustment, implementation of the administrative licensing organ shall, from the date of its promulgation in the 15th, of administrative licensing matters concerning setting or adjustment of the relevant rule of law institutions included in the list of administrative licensing in Nanning municipal people's Government.
    Eighth law, regulations, rules and regulations as a matter of record, organ may not be altered or changed to administrative permission in a disguised form.
    Nineth municipal people's Government legal agencies may appoint a professional institution of administrative permission set and evaluate the implementation and related observations and recommendations to the municipal people's Government.
    Chapter III implementation of the administrative licensing organ article tenth bodies entrust other administrative bodies the implementation of administrative licensing shall sign the Attorney for the implementation of administrative licensing, and submitted to the municipal people's Government in the 15th after signing the power of Attorney legal filings.
    Power of Attorney and shall set forth the principal organs entrusted with the name, address, contact information, Commission basis, delegate, delegate permissions, mandates, and so on.
    Power of attorney shall delegate authority and entrusted with the authority of Office, Government information published on the website. Entrusted with the authority within the terms of reference in order to delegate authority on behalf of the implementation of the administrative license.
    Principal organ entrusted with the authority to supervise the activities the implementation of administrative licensing examination, and entrusted with the authority the legal responsibility for the consequences of the implementation of the administrative license.
    Article 11th should be based on the organs on behalf of the implementation of administrative licensing shall not be set up on behalf of the Agency the implementation of administrative licensing, except as otherwise provided by laws and regulations.
    Need permission of administrative licensing organ equipped with multiple institutions, should identify a set up uniformly accept administrative licensing applications and administrative licensing decision. Article 12th organ should be established by the city and County (district) administrative service center set up the service window, uniformly accept administrative licensing by the window for the service application and harmonization of administrative licensing decision.
    City, County (district) Government otherwise provided, from its provisions.
    13th administrative licenses are required by law to more licensing authority to implement the project, city and County (district) administrative services shall be in accordance with city, County (district) Government requirements, is responsible for the joint management and centralized management of administrative permission about coordination.
    Fourth chapter the implementation of administrative licensing programs article 14th organs should be legally responsible for the implementation of each of the project formulation of administrative licensing procedures, workplace website or news media, Government information to the public.
    Municipal-government services is responsible for guiding practice for administrative licensing items licensing organ specification format.
    15th license administration shall establish a comprehensive implementation of administrative license system of job responsibility, clearly in charge, and the specific duties of the staff.
    16th licensing authorities should establish and perfect the first system, identified in city, County (district) Administrative Service Center service window receives the applicant's first staff or other staff, led by asking the person responsible, which is responsible for reception applicants and applications for registration, tracking, handling and delivery results.
    17th claimant to the contents of the approval authorities shall open questions or fill out application materials and rectification process, raised questions on relevant issues, licensing authority or his or her staff shall do a good description, interpretation, provide accurate and reliable information on administrative license.
    18th licensing authorities require applicants to use a single format text or form of administrative Licensing application, licensing authorities should provide free application format text or tables shall not charge a fee, materials fee and other expenses.
    Licensing authority shall allow the applicant to use the information from the Government website to meet the requirements of the administrative Licensing application format text or tables. Article 19th administrative licensing organ should be combined with the e-government construction.
    Conditional, should implement online administrative licensing applications, handling queries and processing the results be made public.
    20th Licensing Office for any other administrative organ or other administrative bodies of administrative Licensing application at first instance, must have a statutory basis. 21st the applicant submitted to the licensing authority of administrative Licensing application materials, license certificate with the organ-specific to the applicant authority shall stamp and date in written form.
    Not to receive or not to accept, you should indicate the reason.
    22nd the applicants submitted application materials are complete and comply with the statutory format, licensing organ should be made on the spot decision to accept administrative licensing applications.
    Application materials are incomplete or not in compliance with the statutory form, the licensing authority shall inform the applicant of the need on the spot corrections of all elements and correct term.
    23rd licensing authority can not decide whether to accept on the spot, shall from the date of receipt of the materials administrative license application in the 5th, the application materials are complete and comply with the statutory format for review, and shall inform the applicant inadmissible, inadmissibility or at once inform all applicants need to supplement the content.
    24th article has following case one of of, license organ should law made not accepted administrative license application of written decided, and description facts and reason: (a) application matters not belongs to this organ accepted range of; (ii) application material not complete or not meet statutory form, by law told Hou not correction or correction of material not meet requirements of; (three) applicants in People's Republic of China administrative license method 78th article, and 79th article provides of limit application term within proposed related administrative license application of.
    25th licensing authorities to review the material submitted by the applicant in writing, except as otherwise provided by laws, rules and regulations.
    The applicant is responsible for the authenticity of the submitted materials, licensing authority may require the applicant to submit its written commitment to the authenticity of the material.
    Licensing authorities, in accordance with the statutory conditions and procedures, and needs on the ground substance of the application materials verification shall be promptly assigned more staff to verify in advance and inform the applicant to verify the timing, content, and manner.
    26th license administration shall establish a comprehensive limit originally system, determines the handling of administrative licensing matters concerning internal processes and time frames, and make a decision on the administrative license within the statutory time limit.
    Licensing Authority's commitment to handle matters under administrative license term is shorter than the legal time limit, and shall make a decision on the administrative license within the time limit.
    27th article on following administrative license matters, license organ in made administrative license decided Qian, should law held hearing: (a) city planning, and construction, and management in the of major matters; (ii) technology, and education, and culture, and health, and sports, social career in the of major matters; (three) legal, and regulations, and regulations provides should hearing of matters; (four) other and masses interests is closely related to of major matters.
    28th licensing authorities before making a decision on the administrative license, it shall notify the following persons have the right to request a hearing: (a) applicants with limited number of administrative licensing items; (b) the administrative licensing directly to the adjacent right of rights which have a significant impact on a person who people; (c) the administrative licensing items directly related with others significant benefit to other interested persons.
    29th license according to law no administrative license, it shall make a written decision, give reasons for refusing to license and the basis and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    According to the results of testing, inspection, and quarantine is not administrative licensing decision, should also indicate disapproval on the basis of technical standards, technical specifications.
    30th article license organ should will made of granted administrative license decided book copy save built document, and in Office places established specifically of query window foreign public, which on limited resources development, and public resources configuration, and directly relationship public interests of specific industry of market access and need gives specific right of matters made of administrative license, also should in government information website Shang public, for public check out, but involved national secret, and commercial secret or personal privacy of except.
    31st not provided for in the laws and regulations audit, inspection or periodic testing, review, and licensing authority administrative licensing items shall be made to the annual audit, inspection or periodic inspection and review.
    Article 32nd laws, regulations, licensing authority under the regulations to make the decision on the administrative license shall be a copy of the relevant Department and relevant licensing authorities in making the administrative licensing decision or when the decision on administrative licensing decision change and continuity should be a copy of the relevant departments.
    Fifth chapter, supervision and checking article 33rd licensing authorities should establish and improve the system of supervision and inspection, strictly in accordance with the People's Republic of China Law on administrative licensing provisions for licensees of administrative licensing matters concerning duties of supervision and inspection activities.
    Article 34th authority should oblige the licensee to establish a sound system, and to take samples to examine, test, testing, inspections, regular checks and other means, to conduct supervision and inspection of the licensee.
    Supervise and inspect the licensing authorities in accordance with the provisions of the preceding paragraph shall not interfere with licensee's normal production and operation activities, property shall not solicit or accept a licensee shall not seek other illegal benefits.
    35th licensing authority formed to conduct supervision and inspection of the licensee's records, citizens, legal persons and other organizations should be allowed access, reproduction or extraction, and involve State secrets, business secrets or private affairs otherwise.
    Article 36th higher licensing authority should strengthen supervision and inspection of lower licensing authority to implement the administrative licensing, correct the violations in the implementation of administrative licensing.
    Higher licensing authority to subordinate licensing authority for the supervision and inspection in the following ways: (a) administrative license file rating check; (b) the inspection and investigation; (c) the major administrative licensing decisions for the record review (iv) handling complaints, reports, administrative reconsideration of administrative license and (v) other methods of supervision that could be taken in accordance with law.
    37th city, County (district) people's government supervisory departments, legal institutions and Government agencies in accordance with their respective responsibilities, to licensing bodies supervise and inspect the implementation of administrative licensing.
    Article 38th of citizens, legal persons and complaints and reports of other organizations established according to law, city and County (district) people's government supervisory departments shall instruct the relevant licensing authorities dealt with according to law, fails to deal with, shall be investigated for their responsibilities to administrative responsibilities.
    39th licensing agencies in the implementation of administrative licensing process, of administrative licensing rights dispute, coordinated by the local government legal agencies according to law; coordination fails, by the legally determined by the people's Governments at the corresponding levels.
    40th city, County (district) people's Government prices, the financial sector in accordance with the licensing authorities supervise and inspect the implementation of administrative licensing fees, for violations of the law.
    Sixth chapter 41st license administration shall establish a comprehensive legal liability of administrative license system of fault responsibility investigation against first-inquired responsibility system and a handle system requirements or other negligence, misconduct, shall be investigated for criminal responsibility of the persons concerned.
    42nd article has following situation one of of, monitored sector, and license organ or other right to organ should law held directly is responsible for of competent personnel and other directly responsibility personnel of administrative license fault responsibility: (a) unauthorized recovery has expressly stop implementation of administrative license project of; (ii) illegal set administrative license of; (three) in statutory license conditions yiwai, unauthorized increased effect applicants exercise right of other conditions of; (four) on meet statutory conditions of administrative license application not accepted of;
    (Five) law should hearing and not held hearing of; (six) on not meet statutory conditions of application granted administrative license or beyond statutory terms granted administrative license of; (seven) interception, and misappropriated, and privately or disguised privately implementation administrative license charged of costs of; (eight) not law perform administrative license regulatory duties or supervision poor caused serious consequences of; (nine) has other illegal disciplinary behavior and caused serious consequences of.
    Responsibilities prescribed in the previous acts constitute a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.
    The seventh chapter by-laws stipulated by the 43rd article of the municipal legislative affairs is responsible for the interpretation.
                                                                                          The 44th article of the regulations come into force on May 1, 2007.