Interim Provisions On The Implementation Of Administrative License Procedure In Shaanxi Province

Original Language Title: 陕西省实施行政许可程序暂行规定

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(November 24, 2005, Shaanxi Provincial people's Government, the 106th promulgated as of January 1, 2006) first in order to regulate the implementation of administrative licensing procedures, improve the efficiency of administrative license, 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, combined with the facts of the province, these provisions are formulated.
    II implementation of the administrative license within the administrative area of the province governed by these provisions.
    Article III the implementation of administrative licensing procedures should be followed is open, fair, just and convenient principle, improve efficiency and provide quality services.
    The fourth people's Governments above the county level and their departments should strengthen supervision and inspection of the implementation of administrative licensing body, correcting violations in the implementation of administrative license procedure in a timely manner.
    V people's Governments at various levels shall create the conditions to facilitate the administrative license applicants by letter, telegram, telex, fax, electronic data interchange and e-mail form administrative Licensing application. Which require the use of electronic signatures, it may use electronic signature.
    The administrative organ shall assign a person to accept the application, its program in accordance with the tenth, 11th, 12th, 13th, 14th, 15th, and regulations.
    The sixth article of the provincial administrative organs at all levels the implementation of administrative licensing, except State secrets, business secrets or personal privacy is involved, but should be related to matters of an administrative license, the basis, conditions, amount, length of program, and the need to submit a list of all materials to be published. Article VII the applicant may authorize an agent to apply for administrative license, but according to law by the applicant to the executive offices except in respect of administrative Licensing application.
    Agency for administrative license, the agent signed by the delegates should be submitted to the Executive power of Attorney and proof of identity of the applicant.
    Article eighth administrative license application requires rich text, should be in national or provincial Executive provides rich text, the administrative organ shall guide the applicant fill in application for formatting text. Nineth licensee needs to extend validity of administrative license lawfully obtained, shall, before the administrative license expires 30th to apply to the executive authorities of the decision on the administrative license.
    But otherwise provided by laws and regulations, in accordance with its provisions. Article the applicant applying for an administrative license shall be submitted in accordance with executive authorities announced list of materials submitted to the Executive materials and reflect the true situation, and is responsible for the authenticity of the substance of the application materials.
    Outside the administrative organ may not require an applicant to submit the list of publicity material. 11th article license organ received application material Hou, on application matters belongs to this organ terms range, application material complete, and meet statutory form of, should spot be accepted; on application matters law not need made administrative license of, should rates told applicants not accepted; on application matters not belongs to this organ terms range of, should spot made not accepted of decided, and told applicants to about license organ application; on application material not complete or not meet statutory form of,
    Should be disposable in 5th spot or inform all applicants need to correct content, fails to inform the, shall be accepted as of the date of receipt of the application materials.
    12th licensing authority not deciding to accept or to reject the complaint on the spot, shall from the date of receipt of the materials administrative license application within the 5th, relevant bodies of the organs of the Organization of the application materials are complete and comply with the statutory format for review, proposed to accept or not to accept the approval of the heads.
    13th licensing authority to accept or not to accept an application for administrative license shall be made to the applicant certificate with a special stamp and date in written form.
    14th administrative license of Executive headed by multiple agencies, the administrative organs shall establish a uniformly accept administrative licensing applications, completed in conjunction with the relevant bodies, after being signed by the Bureau, unified administrative licensing decision. 15th article administrative license law by two a above sector respectively implementation of, this level Government according to local actual, can respectively take following way handle: (a) organization about sector unified handle, determine a sector unified accepted administrative license application, tell about sector respectively proposed views Hou unified handle, and served administrative license decided, about sector shall not requirements applicants repeat provides application material; (ii) organization about sector joint handle, determine a hosted sector,
    Host Department shall inform the applicant of the relevant departments all the required materials and coordinates the work of related departments, require on-site verification in accordance with law, unified verification by sponsor organizations related departments; (iii) organize relevant departments to focus on processing, set by type of administrative Licensing Office, in accordance with the administrative licensing arrangement in the order window dealt with administrative permission.
    16th administrative organs shall review the application materials submitted by the applicant.
    Applicant to submit the application materials are complete and comply with the statutory format, will the executive authorities to take a decision on the spot, shall make a written decision on the administrative license on the spot.
    Administrative organ need on application material of real content for verified of, can take following way written verification: (a) by applicants commitment by said situation real; (ii) with application material in the reflect of content mutual check; (three) will has master of information and application material in the of content for confirmed; (four) requests other administrative organ assist verified; (five) other written verified application material content of way.
    In accordance with the statutory conditions and procedures, need to be on the ground substance of the application materials verification, verification authorities to assign more staff, on-site verification should produce a certificate of administrative law enforcement. 17th according to law should be reviewed by the lower administrative authority before they are submitted to the next higher administrative license of executive decisions and subordinate administrative organs shall in the first instance, within the statutory time limit and all application materials submitted to the higher administrative authority.
    Higher administrative organs shall not require an applicant to repeat applications. The 18th Executive to review the applications for administrative license and found that administrative licensing items directly related to the vital interests of others should be found within 3rd day of inform the interested person. 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.
    Have a limited number of administrative license, applicants and proposed administrative Licensing application, will the executive authorities to be on the part of the applicant before approving an administrative license is made a decision, it shall notify the other applicants and to listen to their views. 19th administrative licensing hearing shall be held in accordance with law, the administrative agency shall organize the hearing.
    Hearing procedures pursuant to the implementation of the interim measures for the implementation of the administrative license hearings of Shaanxi Province.
    20th administrative organ for administrative license application review, ought to make written decision of administrative license in accordance with the prescribed procedures.
    Applicant's application meets the legal conditions and standards, the administrative organ shall make a written decision on approving an administrative license; does not meet the legal conditions and standards, the administrative organ shall make no written decision of administrative licensing.
    The Executive written decision on approving an administrative license or no administrative license, the unified format text.
    21st approving an administrative license is made by the administrative authority decided that the need to issue certificates for administrative license shall make a decision on the administrative license within 10th of the applicants will be issued with the Executive seal certificate of administrative license.
    Administrative bodies to carry out the inspection, inspection, and quarantine, testing, inspection, and quarantine equipment, facilities, products, goods labelling or stamped with the seal of the testing, inspection, and quarantine.
    Made no decision on the administrative license of executive authority, and shall inform the applicant in writing in the 10th.
    22nd, an administrative authority shall make a decision on approving an administrative license Office or made public on the public media, and the public a right of access. 23rd administrative license according to law should be decided through bidding, auction, the administrative organ shall compete through bidding, auction and fair decisions.
    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions.
    Administrative organs in accordance with the bidding and auction procedures after determining the winning bidder and the buyer, it shall make a decision approving an administrative license, and shall be the winning bidder and the buyer will be issued certificates for administrative license.
    Agency has violated the provisions of this article, without bidding, auctions, or violations of the bidding and auction procedures, damage the lawful rights and interests of the applicant, the applicant may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 24th administrative organs in accordance with test scores and other legally qualified to make a decision on the administrative license shall be from the date of publication of examination results in 10th issue, service licenses.
    Cannot be issued, served in the 10th, and approved by the Department head, you can extend the 10th.
    25th administrative organs the implementation of administrative licensing examination, inspection, and quarantine, require an applicant to Executive sets a fixed place for testing, inspection, and quarantine, except in some special outside the workplace, shall permit the applicant present.
    Administrative authority shall test, inspection, and quarantine of the fixed place of public testing, inspection, and quarantine, technical specifications of the technical standards. Article 26th enterprises or other organizations need to determine the subject matters, such as the establishment of an administrative license, applicants submitted application materials are complete and in compliance with the statutory form, the administrative organ shall be registered on the spot.
    Need to verify the substance of the application materials, 16th in accordance with the provisions of the third and fourth paragraphs.
    The 27th article in violation of the provisions set forth in the 14th, 15th, by its superior organ shall be ordered to correct, if the circumstances are serious, in charge and other personnel directly responsible for penalties caused damage to the legitimate rights and interests of the parties, shall, in accordance with the State compensation law provides for compensation.
    28th article administrative organ and staff violation this provides, has following case one of of, by its superior administrative organ or monitored organ ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) on meet statutory conditions of administrative license application not accepted of; (ii) not publicity law should publicity of material of; (three) in accepted, and review, and decided administrative license process in the, not to applicants, and interest relationship people perform statutory told obligations of;
    (D) the applicant to submit the application materials are incomplete, do not comply with the statutory format, does not inform the applicant shall rectify everything at once, and (v) not issued no written proof of administrative licensing in the unified format; (f) the hearing shall be held in accordance with law without holding a hearing.
    29th executive staff in the handling of administrative license procedure in the solicitation or acceptance of other people's property, or seeking other interests shall be given administrative sanctions; a suspected crime, transferred to the judicial authorities to investigate and punish.
    30th the executive authorities the implementation of administrative licensing, any of the following circumstances, by a higher administrative authority or supervisory organs shall be ordered to correct, to managers directly responsible and other persons directly responsible shall be given administrative sanctions; a suspected crime, transferred to the judicial organs shall investigate and deal with: (a) an applicant who does not meet the statutory requirements to grant administrative licensing terms or go beyond legal decision on approving an administrative license is made;
    (B) an applicant who meets the statutory requirements are not administrative approval or disapproval decision on approving an administrative license is made within the statutory time limit, (iii) that shall be according to the bidding, auction results or test scores merit decision approving an administrative license is made, without bidding, auction or exam, or according to the bidding, auction results or test scores merit decision on approving an administrative license is made.
                                                                                  The 31st article of the regulations come into force on January 1, 2006.

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