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Ningxia Hui Autonomous Region, The Administrative Licensing Methods Of Supervision

Original Language Title: 宁夏回族自治区行政许可监督办法

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(The 60th ordinary meeting of the Government of the People's Democratic Party of the New summer of 8 July 2005 considered the adoption of Decree No. 84 of 11 July 2005 of the People's Government Order No. 84 of the New summer Resistance Zone, effective 1 September 2005)

Chapter I General
Article 1, in order to strengthen the supervision of administrative permits by the executive organs, to prevent and redress unlawful or inappropriate administrative licences, to strictly enforce the law and to protect the legitimate rights and interests of citizens, legal persons and other organizations, to develop this approach in the light of the National People's Republic of China's administrative licence law (hereinafter referred to as the Administrative Assurance Act) and the Regulations on Administrative Enforcement of the Nin summer Self-Government Zone, as well as relevant legislation, legislation and regulations.
Article 2, in the administrative area of the self-government zone, governs the activities of the executive branch to carry out administrative licences. The law, legislation and regulations provide otherwise, from their provisions.
Organizations that are mandated by law, regulations apply the provisions of this approach to the administration.
Article 3. Administrative licensing oversight should be guided by the principles of legality, objectivity, impartiality, efficiency and internal oversight and external oversight, proactive oversight and acceptance of complaints, redress and education.
Article IV Governments and their work sectors should establish a monitoring system for the implementation of administrative licences by executive organs and strengthen oversight inspections by administrative organs.
The superior administrative body is responsible for overseeing the application of administrative licences by the lower administration.
Under the leadership of the Government of the above-ranking people and the rule of law institutions in its work sector (hereinafter referred to as the rule of law body) under the leadership of the current level of the people's government or this sector, the executive authority of the system is specifically responsible for organizing the supervision of administrative licences in the present administration area or in the sector.
Sectors such as inspection, audit and finance should, within their statutory responsibilities, carry out specific oversight of administrative authorizations by the executive branch.
Article 5. The executive organs shall be subject to the supervision of the General Assembly and its Standing Committees, the democratic oversight of the Civil Affairs Cooperation, judicial oversight and supervision of social opinion.
Chapter II Oversight elements
Article 6
(i) Is there a statutory basis for administrative licence matters;
(ii) Whether the subject of the executive licence and its staff have legal qualifications;
(iii) The legality of the procedures for the implementation of administrative licences and fees;
(iv) The enforcement authority of administrative licences performs oversight duties under the law;
(v) The establishment of an administrative licence regime;
(vi) Other elements to be monitored by law.
Article 7. The administrative licence of the executive organs of this self-government area must be determined by law, administrative legislation or by the State of State, the Assembly of the People's Representatives of the Autonomous Region and its Standing Committee to enact or approve the publication of local legislation and the administrative licence matters set forth in the regulations of the Government of the Autonomous Region.
Article 8. In addition to the regulations of the Government of the People of the Autonomous Region which may be granted temporary administrative licences by law, other normative documents developed by executive organs at all levels of the self-government shall not be granted administrative licences.
Article 9. The normative documents developed by all levels of the people's Government and its work sectors must be consistent with the laws, regulations, decisions, orders and orders of the Government of the People's Government of the Policy and Self-Government Zone, as well as with the Government of the people or the rule of law institutions in this sector, and the issuance of normative documents should be submitted in accordance with the law.
Article 10
The principal qualifications of the executive branch for the application of administrative licences should be given to the main media on the ground, subject to review by the current people's Government's rule of law institutions and the determination of the current people's Government. No administrative licence shall be granted without notice of administration.
Staff engaged in administrative permits must be allowed to perform administrative licence implementation by virtue of the Law on Administrative Enforcement in the Nin summer Self-Government Zone or other legal administrative enforcement documents.
Article 11. The executive organs shall apply administrative licences and shall be subject to the statutory competence, scope, conditions and procedures, and to the reduction, simplification of procedures and efficiency.
Article 12. The executive organs, in accordance with the provisions of laws, regulations and regulations, entrust the executive authority with the application of administrative licences, shall enter into an administrative licence with the delegated administrative organs.
The Implementation of an administrative licence commission shall contain the names, addresses, means of communication, specific elements of the commissioning of administrative licences, the duration of the commission and the legal responsibility.
The executive body should be entrusted with the implementation of the Administrative Accreditation Bill to report on the status of the Government's rule of law institutions.
Article 13
(i) The statutory basis for the application of administrative licences;
(ii) Execution of administrative licences, conditions, quantity, procedures and deadlines;
(iii) To apply for the full list of materials and the model text of the application;
(iv) Administrative licence supervision of telephones;
(v) Other information required by law.
The Government of the people at the district level has established a centralized administrative licence facility, which should be presented in the form of a directory and a model application for all administrative licensor matters carried out by the relevant executive organs of the Government. The public information website has been established by the executive branch and the centralized administrative licence sites, which should be accompanied by information on their websites.
Article 14. The executive body shall receive administrative licences in the name of the organ.
More than the people at the district level have established a centralized administrative licence facility, and the executive body should set up a service window at that location to harmonize the application for administrative licences and the delivery of administrative licence decisions on behalf of this body. As a result of special circumstances, it is not possible to enter the place, with the consent of the current people's Government, to determine whether an institution of the organ or to establish a service window in that body, in the name of the organ, the application for administrative licences, the delivery of administrative licence decisions.
In accordance with the law, the Government of the people at this level may determine whether the application for administrative licences is accepted and transmitted to the relevant departments for the purpose of joint and centralized processing, or the establishment of a centralized administrative licence facility, to be co-organized and centralized by the relevant executive organs of the facility.
Article 15. The administrative authority shall, after the application of administrative licences, review by law, make a written decision to grant or exclude administrative licences in accordance with the prescribed procedure within the statutory period; make no administrative licence decision shall explain the grounds to the applicant and inform the applicant of the right to apply for administrative review or administrative proceedings in accordance with the law.
Article 16 shall be communicated by an administrative authority within 10 working days following the decision to grant administrative permission, with the exception of State secret, commercial secret or personal privacy.
Article 17, when the administrative authority conducts a monitoring inspection of the licensed's production operation in accordance with the law, law enforcement officials shall not be less than two and shall present administrative law enforcement documents to the licensee.
The law, administrative regulations do not provide for annual trials, annual inspections or other regular test methods, and administrative authorities shall not conduct annual trials, annual inspections or other regular inspections of the administrative licences that have been made.
Chapter III Oversight procedures
Article 18
(i) To receive administrative licence reports, complaints systems. Reports of civil, legal and other organizations, administrative licences for complaints are received and processed by law.
(ii) On-site oversight system. On-site oversight of activities such as hearings, tenders, auctions, inspections, testing, quarantine, citizenship-specific examinations.
(iii) Archives management system. The relevant records, materials, administrative licences instruments, etc., developed in the course of the administrative licence implementation process, are regulated.
(iv) Major administrative licence matters reserve system. The issuance of the top-level administrative authority is reported for major administrative licence decisions.
(v) Other oversight provisions of laws, regulations and regulations.
The executive branch of Article 19 may monitor the application of administrative licences by the executive branch at the lower level by:
(i) To receive reports, complaints from citizens, legal persons and other organizations;
(ii) Conduct enforcement inspections on administrative licence implementation;
(iii) Examination of the subject matter and the qualifications of its staff;
(iv) The presence of administrative licensor oversight staff to oversee the implementation of administrative licence activities by administrative authorities;
(v) Review of the significant administrative licence decisions of the submission;
(vi) Access to relevant administrative licence files to investigate the implementation of administrative licences;
(vii) Other methods of oversight provided by law, regulations and regulations.
Article 20 should strengthen the supervision of the executive branch in the implementation of administrative permits and prompt redress of unlawful or inappropriate administrative licences.
The executive branch and its staff shall not interfere with, reject and obstruct the exercise of administrative licence oversight by the rule of law institutions.
Article 21, the executive branch and the rule of law institutions should be informed of the administrative enforcement supervision letter, which informs the executive branch that the administrative authority is responsible for the enforcement of administrative licences to correct themselves; the executive branch does not correct or fail to rectify the situation, and the executive branch and the rule of law institutions may report to the Government of the people at this level to make the decision to withdraw, modify or give responsibility to re-establish administrative licences and to produce the administrative enforcement oversight decision.
The executive body must immediately implement and report on implementation within 30 working days to organs that have made administrative law enforcement oversight decisions or to the rule of law institutions.
Article 2, citizens, legal persons and other organizations have found that administrative permits are carried out by the executive branch in violation of the law and have the right to report, lodge complaints to the superior administrative body or the rule of law body.
Upon receipt of reports by citizens, legal persons and other organizations of administrative authorizations for violations by the executive branch at the last level or by the rule of law body, the reporting, the processing of complaints should be investigated, processed and responded within the statutory time frame; no statutory period should be answered within seven working days.
Reports, complaints by the inspectorate of the unlawful application of administrative licences by the administrative organs are governed by the relevant laws, regulations.
Article 23. The rule of law institutions at the district level should organize regular evaluations of the implementation of administrative licences and the need for implementation in the present administration area, listen to the views of executive organs, citizens, legal persons or other organizations, make evaluation recommendations or observations, and send evaluation recommendations or observations to the rule of law institutions of the self-government.
The Government's rule of law institutions in the self-governing area should conduct a summary or study of the evaluation recommendations, and report on the legal, legislative, regulatory, or self-government to the people of the self-governing region, in accordance with the procedures.
Article 24: The rule of law institutions of the people at the district level shall be cleared and made available to the Government of the people at this level, in accordance with the relevant laws, regulations and regulations.
Chapter IV Corporal punishment
Article 25, in violation of this approach, is implemented in accordance with its provisions by the Administrative Accreditation Act and other relevant laws, regulations and regulations.
Article 26 The executive branch and its staff members, in violation of this approach, refuse to correct violations or misconduct in the application of administrative licences, are subject to administrative disposition by the competent organ in charge of direct responsibility, in accordance with the authority of management.
Article 27 of the executive branch and its staff interfere with, reject and obstruct the exercise of administrative authorization supervision by the rule of law body, which, depending on the circumstances, requests the Government of the current people or the sector to approve the period of time, give warning or suspend administrative law enforcement documents relating to the responsible person; in serious circumstances, the write-off of administrative law documents of the licensor and the administrative disposition of the responsible person in accordance with the law; constitutes an offence, and brings to justice.
Article 28, in violation of this approach, provides for the assignment of persons who have not obtained administrative law enforcement documents to perform administrative licence implementation, which is being restructured by the rule of law body, recommends that the person be removed from his or her work; that it be refused to change and that the competent and other direct responsibilities that are directly responsible by the relevant organs in accordance with their management authority be treated by law.
Article 29 Staff engaged in administrative licence supervision play a role in oversight, abuse of authority, provocative fraud, and administrative disposition by the competent organ in accordance with the authority of management.
Chapter V
Article 33