In Shanxi Province, The Implementation Of Administrative Licensing Approach

Original Language Title: 山西省实施行政许可程序办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(The people's Government of Shanxi province, July 14, 2005 at the 53rd Executive Meeting July 15, 2005, 179th promulgated by the people's Government of Shanxi province as of September 1, 2005) first in order to protect the legitimate rights and interests of administrative license applicants, normative acts of the executive authorities the implementation of administrative licensing to facilitate administrative permission to deal with matters under administrative license, in accordance with the People's Republic of China provisions of the administrative licensing law, combined with the facts of the province, these measures are formulated.
    Article within the administrative area of the province's executive authorities and legal and authorized rights to administer public affairs functions of the Organization and the executive authorities entrusted with the implementation of administrative licensing (hereinafter administrative authorities) accepting, examining administrative licensing applications, and administrative licensing decisions taken, these measures shall apply.
    Article III the implementation of administrative licensing shall follow the principle of openness, fairness, impartiality, efficiency, and providing quality services.
    Fourth, an executive body with multiple internal institutions in handling administrative licensing items shall, in determining the accepted sites accept administrative licensing applications or Windows.
    Fifth article of unified administrative authorities shall accept administrative licensing applications place prominent positions or Windows, public administration bodies to the implementation of administrative licensing matters, the basis, conditions, amount, procedures, deadlines and the need to submit a list of all materials and application model.
    The executive authorities have to establish public information Web site, this should be posted on its Web site.
    Sixth administrative organs to determine uniform accept administrative licensing applications for places or window should be reported to people's Governments at the legal filings, and announced to the public.
    Cancellation, change, adjust the accepted sites or window shall be accepted places and public information website 15th in advance to the public.
    Seventh administrative license law by implementing two or more administrative authority, the local government may determine an administrative organ to accept administrative licensing applications, administrative licensing decisions can also be handled jointly by the relevant administrative organ of the people's Governments at the corresponding level organization.
    Article eighth administrative license application requires rich text, the administrative organ shall be free to provide administrative license applicants.
    Public information Web site of the Executive should have been established at the same time the administrative Licensing application form text in its public information published on the website, allowing the public free download.
    Nineth by letter, telegram, telex, fax, electronic data interchange and e-mail form of administrative license application, the applicant shall guarantee the authenticity of its material, and supply supporting documents that confirm his or her identity in accordance with law.
    Absolutely necessary to provide a formal written material as needed, the Executive authority shall, on receipt of the application materials at or informed the administrative licensing applications within the 5th person to provide written material, fails to inform the, from the date of receipt of the application is accepted. Tenth administrative authorities should be to review the administrative Licensing application materials submitted by the applicant, legally admissible, it shall provide the applicant's certificate with the seal for the exclusive use of executive authority of the administrative Licensing application notification of acceptance.
    Administrative permit period calculated from the date of acceptance of the application. Application documents are incomplete or not in compliance with the statutory form, the executive authorities shall, on the spot or at once inform all applicants need to supplement information in the 5th, and to inform the administrative license applicants to issue a one-time notice.
    Fails to inform that, from the date of receipt of the application is accepted.
    There are limitations of administrative license, the applicants put forward applications for administrative license and are in line with the relevant statutory requirements and standards, the Executive order should be according to accept administrative licensing applications, administrative licensing decisions are made. 11th administrative authorities not to accept an application for administrative license decision, shall, on the spot or within the 5th certificate with the Special seal of the Executive to the applicant and the date of the notification of inadmissible applications for administrative license, and indicated in the notice of the specific reasons.
    And shall inform the applicant is legally entitled to apply for administrative reconsideration or bring an administrative suit right.
    12th after a review, the applicants submitted application materials are complete and comply with the statutory format, will the executive authorities to take a decision on the spot, shall be made on the spot decision on the administrative license. 13th article outside of administrative licensing decision can be made on the spot, the Executive authority shall accept administrative licensing applications within 20th of administrative licensing decisions are made.
    Cannot make a decision in the 20th, and approved by the head of the administrative organ can be extended on 10th and will inform the applicant in writing of the reasons for the extension.
    Otherwise provided by laws and regulations, from its provisions.
    14th joint administrative license of executive authority, host authorities shall upon receipt of the materials administrative license application, in conjunction with the relevant administrative organ of the application materials are complete and comply with the statutory format for review and the decision to accept or not to accept an administrative license is made, and special seal for certificate with hosting and relevant administrative organs accepted or not to accept administrative licensing applications in written form.
    Accepting an application for administrative license according to law, host authorities should work with the relevant administrative authorities bring forward views through the integration of, and make a decision on the administrative license within the statutory time limit. Associated with administrative handling of administrative licensing shall not exceed a period of 45 days. Did not take a decision within 45 days, periods of observations presented by the host authorities, approved by the head of the people's Governments at the corresponding level, you can extend the 15th.
    Host authorities shall inform the applicant in writing of the reasons for the extension. 15th according to law should be reviewed by the lower administrative authority before they are submitted to the next higher administrative agency decisions of administrative licensing items, lower-level administrative authority shall accept administrative licensing applications within the 20th first instance and all application materials submitted to the higher administrative authority.
    Higher administrative organs shall not require an applicant to repeat applications.
    Otherwise provided by laws and regulations, from its provisions. 16th administrative organ for administrative license application review and found that administrative licensing items directly related to the vital interests of others, it shall inform the interested party. Applicant or interested party has the right to make statements and to defend themselves.
    The administrative organ shall listen to the views of the applicant and interested party.
    17th the review of decisions of an administrative license are required by law to hold a hearing, in accordance with the implementation of the administrative license hearings approach in Shanxi province.
    18th, an administrative authority shall make a decision on the administrative license to the applicant in the 10th issue, administrative licensing decision, or labelling, and stamped with the seal of the testing, inspection, and quarantine.
    Applicants and the administrative organs to service and terms otherwise agreed or the executive authorities have promised, the executive authorities shall, in accordance with the contract or commitment and terms served on.
    19th administrative organ shall make a copy of the written decision on approving an administrative license is file saved in uniform accept administrative licensing sites or Windows setting up a dedicated query window, open for enquiries from the public.
    The exploitation of finite natural resources, public resource allocation and directly related to the public interest in specific areas of market access, need to give specific rights of administrative licensing matters, it should be published according to law.
    20th administrative organs in violation of the regulations, is not writing to the application for leave to issue vouchers, the upper-level executive or supervisory organs shall be ordered to correct, if the circumstances are serious, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.
                    21st article this way come into force on September 1, 2005.

Related Laws