Key Benefits:
(Act No. 106 of the People's Government Order No. 06 of 24 November 2005 on 1 January 2006) Article 1, in order to regulate the procedures for the application of administrative licences, improve the efficiency of administrative licences, protect the legitimate rights and interests of citizens, legal persons and other organizations, develop this provision in the light of the National People's Republic of China's administrative licence law. Article 2 Article 3 procedures for the implementation of administrative licences should be guided by the principles of openness, equity, justice and the public, efficiency and quality services. Article IV Governments of the above-mentioned population at the district level and their respective departments should strengthen the supervision of the subject of the administrative licence and correct in a timely manner the offences in the administrative licence implementation process. Article 5 Governments at all levels should create conditions to facilitate the application of administrative licences by administrative licensor applicants through correspondence, telegraphs, faxs, electronic data exchange and e-mail. This requires the use of electronic signatures and the use of electronic signatures by law. The executive body shall designate the author to receive the application and shall be consulted in accordance with the provisions of Articles 10, 11, 12, 13, 14 and 15 of this provision. Article 6. The executive permission of the executive organs at all levels of the province shall be communicated to the relevant administrative licences, on the basis, conditions, quantity, procedures, duration, and the full list of materials required. Article 7. The applicant may entrust the agent with the application of administrative licences, except for the application of an administrative licence by the applicant to the office of the administrative body. The agent is entrusted with the submission of an administrative licence and the agent shall submit to the executive organ a letter of entrustment signed by the author and the identity of the author. Article 8. The application of administrative licences requires the adoption of the format, which should be used in the form prescribed by national or provincial administrations, and the executive body should guide the applicant in completing the text of the application. Article 9. The licensor will need to continue the period of effectiveness of the administrative licence granted by law, and shall apply to the administrative organs that have decided to make an administrative licence by 30 years of the expiry of the administrative licence. However, the laws, regulations and regulations provide otherwise in accordance with their provisions. Article 10. The applicant shall apply for administrative licences and shall submit the material and reflect the true situation to the executive branch, in accordance with the directory of submissions, and shall be responsible for the authenticity of the material application. The executive branch shall not require the applicant to submit material other than the directory. The licensor shall, upon receipt of the request, inform the applicant of the decision that the application is not within the purview of the organ and that the request is fully, in accordance with the statutory form and should be admissible; that the applicant's application is not required by law and that it should be communicated to the applicant at the time of the date of receipt of the request; that the request should be made inadmissibility and informed the applicant of the application to the relevant licensor; that the submission of the material is incomplete or not in accordance with the statutory form, and that the applicant's full submissions are not received from the date of receipt of the request. Article 12. The licensor shall not decide at the time to be admissible or inadmissible and shall, within five days of the receipt of the administrative licence application, organize a review of whether the application is fully and in accordance with the statutory form of the submission or inadmissibility of the opinion of the head of the organ. Article 13. The licensor shall receive or be in a position to claim administrative licence and shall give the applicant a copy of the special seal and a written certificate indicating the date indicated. Article 14. The administrative licence requires the establishment of a number of institutions within the executive branch, and the executive branch shall determine the establishment of an institution to accept the application of administrative licences, which will be completed with the relevant agencies and, after the signature of the head of the organ, to harmonize the administrative licence decision. Article 15 Administrative licences are carried out in accordance with the law by more than two sectors, and according to local practice, the Government of the current people may take the following ways: (i) To organize the process of harmonization of the relevant departments, to identify a department for the harmonization of the application of administrative licences, to communicate to the relevant authorities for the harmonization of their views and to the administrative licence decisions, and that the relevant authorities shall not require the applicant to repeat the request material; (ii) Organizing joint sectoral consultations to identify a host sector that should inform the applicant's relevant departments of the material required and coordinate the work of the relevant sectors, which are required by law to be verified on the ground, and be verified by the relevant offices of the host sector; (iii) The organization of the relevant sector to concentrate on the establishment of office premises in accordance with the administrative licence category, with administrative licence creativity. Article 16 shall review the applicant's submissions. The applicant's submission is in full and in accordance with the statutory form, and the executive body is able to make decisions at the time and shall make written administrative decisions. The executive body needs to verify the substance of the application materials in writing: (i) The facts as presented by the applicant's commitment; (ii) Interview with the content reflected in the application material; (iii) Accreditation of the information available and the contents of the request materials; (iv) Request other administrative bodies to assist in the verification; (v) Other written verification of the content of the application. In accordance with statutory conditions and procedures, the substance of the application is required to be verified on the ground, and the administrative authority may assign more than two staff members to verify that administrative law enforcement documents should be presented in the field verification. Article 17 shall be subject to administrative licences decided by the executive branch of the executive branch after review by the lower executive branch, which shall communicate the first instance opinion and all requests directly to the executive branch within the statutory period. The executive branch shall not require the applicant to repeat the request material. When the administrative authority examines the application of administrative licences, it is found that administrative licence matters directly relate to the important interests of others, which should be informed by the owner within three days of the date of discovery. The applicant, the stakeholder have the right to make a presentation and the defence. The executive body should hear the views of the applicant and the stakeholder. A limited number of administrative permits, and multiple applicants have submitted administrative licence requests, and the executive branch is advised and heard by other applicants prior to the granting of administrative licence decisions by some of these applicants. Article 19 Administrative licences should be held in accordance with the law and the administrative organs should organize hearings. The hearings are carried out in accordance with the Provisional Approach to the Applicability of Administrative Accreditation in the Province of Chungi. Article 20 shall be preceded by a written decision of the administrative licence in accordance with the procedure set out. The applicant's application is in accordance with the statutory conditions and standards, and the executive body shall make a written decision to grant administrative licences in accordance with the law; incompatible with statutory conditions, standards, the executive body shall make a written decision without administrative licence in accordance with the law. A written decision by the executive body to grant administrative licences or to refrain from administrative licences is used in the form of uniform provisions. Article 21, the decision of the executive branch to grant administrative permission requires the granting of administrative licences, which shall be issued to the applicant within 10 days of the date of the administrative licence decision. The executive body implements testing, testing, quarantine and can test, test, quarantine-qualified equipment, facilities, products, goods or labelling or attaching to tests, testing, quarantine seals. The applicant shall be informed in writing within 10 days of the decision taken by the executive branch not to decide on the administrative licence. Article 2 shall be open to the public by the executive body to decide on the granting of administrative permission to be made in the office or in the public media. Article 23 shall be determined by law through solicitation, auctions, and shall be decided by the executive organs through fair competition, such as tendering, auctions. However, the laws, administrative regulations and regulations provide for their provisions. In accordance with the solicitation, the auction process determines the bidder and the purchase of the licensee, the executive authority shall make a decision to grant administrative permission and, in accordance with the law, grant administrative licences to the marker and the buyer. In violation of this article, the executive branch may apply for administrative review or administrative proceedings in accordance with the law, either without the solicitation, auction or in violation of tendering, auction procedures. Article 24 provides administrative licence decisions based on examination performance and other statutory conditions, and shall be issued and sent to a licence within 10 days of the date of publication of the examination. Ten days could not be granted, delivered and, with the approval of the head of the sector, 10 days could be extended. Article 25. The executive body implements administrative licence tests, tests, quarantines, requires the applicant to test, test, quarantine in fixed premises established by the executive branch, and, in addition to special workplaces, the applicant should be allowed to be present. The executive body should test, test, test, quarantine technical standards and technical norms in fixed premises. Article 26 requires, inter alia, administrative licences for the establishment of an enterprise or other organization to determine the subject matter of qualifications, the applicant's submission is fully and in accordance with the statutory form, and the executive body should register at the time. The substance of the application is required to be verified in accordance with the provisions of article 16, paragraph 3, and article IV. Article 27, in violation of article 14, article 15 of the present article, provides that an order of responsibility by its superior organs is correct, in serious circumstances, and is administratively disposed of directly responsible supervisors and other responsible personnel; and reparations shall be made in accordance with the provisions of the National Compensation Act. Article 28, in violation of this provision by the executive branch and its staff, is one of the following cases, which is being restructured by its superior administrative body or by an inspection authority order; in serious circumstances, the administrative disposition of the direct responsible supervisor and other direct responsibilities is provided by law: (i) Applications for administrative licences consistent with the statutory conditions are inadmissible; (ii) Not to indicate the material to be disclosed by law; (iii) In the process of admissibility, review and decision-making of administrative licences, the applicant and the stakeholder have not fulfilled their statutory notification obligations; (iv) The applicant's submission is incomplete and incompatible with the statutory form and does not always communicate to the applicant the full content that the applicant should be added; (v) The non-administrative licence certificate in a uniform format; (vi) The law should hold hearings without hearing. Article 29, Staff of the executive branch, upon request or in the course of the administrative licence, shall be subject to administrative disposition by law, in accordance with the law, and in the case of the alleged offence, shall be transferred to the judicial body. Article 31 imposes administrative licences by the executive branch, in one of the following cases, which is being redirected by a superior administrative authority or a supervisory authority, and administratively disposed of directly responsible supervisors and other direct responsibilities by law; (i) To grant administrative licences to applicants who do not meet the statutory conditions or go beyond the statutory authority; (ii) The applicant who meets the statutory conditions shall not be granted administrative permission or shall not be granted administrative licence decisions within the statutory period; (iii) In accordance with the law, the granting of administrative licence decisions based on tenders, auctions or examination performance preferences shall be made without solicitation, auctions or examinations, or the granting of administrative licence decisions based on tenders, auctions or merit of examination. Article 31 of the present provision is implemented effective 1 January 2006. |
