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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(July 8, 2005 the people's Government of Ningxia Hui autonomous region at the 60th Executive Meeting July 11, 2005 the people's Government of Ningxia Hui Autonomous Region promulgated as of September 1, 2005, 84th) Chapter I General provisions article in order to strengthen the administrative supervision of the implementation of administrative licensing, prevention and correction of illegal acts or improper administrative licensing, strict administration according to law, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China administrative license law
    (Hereinafter referred to as the administrative licensing law) and the Ningxia Hui autonomous region, administrative law enforcement supervision regulations and the provisions of relevant laws and regulations, combined with this practice, these measures are formulated. Article within the administrative areas of the autonomous region, to supervise the executive authorities the implementation of administrative licensing activity, apply to these measures.
    Otherwise provided by laws and regulations, from its provisions.
    Legal and authorized rights to administer public affairs organization this approach the relevant administrative authorities shall apply.
    Article oversight of administrative license shall adhere to legality, objectivity, impartiality, efficiency, and internal and external monitoring, proactive monitoring combined with complaints, corrective and educational principles.
    Fourth people's Governments above the county level and their departments should establish and perfect the administrative supervision of the implementation of administrative licensing system, strengthen supervision and checks on the executive authorities the implementation of administrative licensing.
    Higher administrative authorities responsible for supervising the subordinate administrative organs the implementation of administrative licensing.
    The legal organization of the people's Governments above the county level and their departments (hereinafter referred to as the rule of institutions) under the leadership of the people's Governments at the corresponding level, or the Department, specifically responsible for the implementation of this administrative area or Department, within the system of administrative organs oversee the implementation of administrative licensing.
    Monitoring, auditing, and financial departments shall, within the scope of their statutory duties, special supervision on the executive authorities the implementation of administrative licensing in accordance with law.
    The fifth administrative organs the implementation of administrative licensing shall be subject to the supervision of people's congresses and their standing committees at the same level, the CPPCC's democratic supervision, judicial oversight of the judiciary and social monitoring of public opinion.
    Second chapter supervision content sixth article administrative license supervision including following main content: (a) administrative license matters whether has statutory according to; (ii) administrative license of implementation subject and staff whether has statutory qualification; (three) administrative license of implementation program and the charges whether legal; (four) administrative license of implementation organ law perform supervision check duties of situation; (five) established sound implementation administrative license system of situation; (six) law should supervision of other content.
    The seventh article of the administrative organs of the autonomous region within the administrative area of administrative licensing items must be legal, administrative regulations or the State Council decision, published by the autonomous regional people's congresses and their standing committees formulated or approved local laws and Government regulations of the administrative licensing items.
    Article eighth municipality regulations can create a temporary administrative leave, other normative documents of the State administrative organs at all levels are not allowed to set administrative permission.
    The Nineth normative documents formulated by the people's Governments at various levels and departments must comply with the laws, regulations and national guidelines, policies and regulations, decisions and orders of the autonomous regional people's Government, and the people's Government this sector legal entity or legal validity and appropriateness review regulatory documents shall be released in accordance with the record.
    Tenth the implementation of administrative licensing body and its staff shall practise qualification certification system. Administration the implementation of administrative licensing qualification, shall be approved by the people's Governments at the corresponding level after the legal review, the people's Governments at the corresponding level identified, shall be published in the local media.
    Without the notice of the Executive are not allowed the implementation of administrative licensing.
    Staff engaged in administrative permission must be made of the Ningxia Hui autonomous region, administrative law enforcement certificates after the administrative law enforcement or other legal documents, before engaging in the implementation of the administrative license.
    11th administrative organs the implementation of administrative licensing shall be governed by legal authority, scope, conditions and procedures, reduced link, to streamline procedures and improve efficiency.
    12th administrative organs in accordance with the provisions of law and rules and regulations, entrust other administrative bodies of the implementation of administrative licensing shall be signed with the delegated administrative authorities for the implementation of administrative licensing power of attorney.
    The Attorney for the implementation of administrative licensing shall set forth the principal organs and entrusted with the Authority's name, address, contact details, delegates the implementation of administrative licensing specific content, such as delegates and legal responsibilities.
    The entrusting administrative organ of the Attorney for the implementation of administrative licensing shall be reported to the people's Governments at the corresponding level legal filings.
    13th article implementation administrative license of administrative organ should in this organ Office places to announcement, and manual, and do guide manual, and electronic announcement bar, form publicity following information: (a) implementation administrative license of statutory according to; (ii) implementation administrative license of matters, and conditions, and number, and program, and term; (three) application administrative license need submitted of all material directory and applications model text; (four) administrative license supervision phone; (five) law need publicity of other information. People's Governments above the county level to establish centralized administrative license place, should all the people's Governments at the corresponding level of relevant administrative organs to implement the administrative licensing items and submit required materials catalog and application forms to the place of publication.
    Administration and centralized administrative license places has set up public information Web site, related information on its website and shall be published.
    14th this authority on behalf of the administrative organ shall accept administrative licensing matters. Places of people's Governments above the county level to establish centralized administrative license, the administrative organ shall set up the service window in that place, to this body on behalf of unified accept administrative licensing applications, administrative licensing decision.
    Due to exceptional circumstances, can not enter the site, by the people's Governments at the corresponding level approval shall determine the authority of an internal body or in the Services window, this nominal unification accepts an application for administrative license, the administrative licensing decision.
    By two or more areas of implementation of the administrative license according to law, the people's Governments at the corresponding level is a Department accept administrative licensing applications and views are put forward to the relevant departments through the integration, joint management, centralized management or organization of the relevant sector; designating places of administrative permission from the site associated with the administrative management, centralized management.
    15th administrative authorities accept administrative licensing applications, it shall examine, within the statutory time limit, in accordance with the procedures to grant or not to a written decision of administrative license; no administrative licensing decision, reasons shall be indicated to the applicant and inform the applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    16th administrative organ shall make a decision within 10 working days after the decision on the administrative license, licensing in the electronic touch screen, bulletin boards and other carriers be publicized, and involve State secrets, business secrets or private affairs otherwise.
    17th administrative organs in accordance with the licensee's place of business when conducting supervision and inspection, enforcement officers shall not be less than 2, and shall produce to the licensee certificate of administrative law enforcement.
    Provisions of laws and administrative rules and regulations are not examined, annual, or other periodic inspection, the Executive administrative license shall be made to the annual audit, inspection or any other inspection on a regular basis. 18th Chapter surveillance procedures the implementation of administrative Licensing administrative organ shall establish and improve internal supervision systems of the following: (a) accept administrative licensing reports, complaints system.
    Citizens, legal persons and other organizations, reports, complaints of administrative licensing items accepted and dealt with according to law. (B) site supervision system.
    Hearing on the implementation of administrative licensing, tenders, auctions, examination, inspection, and quarantine, citizen special qualification examinations and other activities for on-site supervision. (C) a file management system.
    On the implementation of administrative licensing process related records, material, documents filing of administrative licensing, standardized management. (D) the major system of administrative licensing items and filing.
    Submitted to the higher administrative authority of the major administrative licensing decision for the record.
    (E) the provisions of other laws, rules and regulations concerning supervision.
    19th article superior administrative organ can through following way on subordinate administrative organ implementation administrative license of behavior for supervision: (a) accepted citizens, and corporate and other organization of reported, and complaints; (ii) carried out about administrative license implementation situation of law enforcement check; (three) review administrative license implementation subject and staff qualification; (four) presence administrative license supervision staff, on administrative organ implementation about administrative license activities for supervision; (five) review submitted record of major administrative license decided;
    (Vi) access to the relevant administrative permit dossier, investigation and implementation of the administrative license; (VII) other methods of supervision provided for in laws, rules and regulations.
    20th legal agencies should strengthen the supervision on the executive authorities the implementation of administrative licensing, timely correction of illegal or improper administrative Licensing Act.
    Administrative organs and their staff shall not interfere with, deny, and impeding the legal supervision of administrative licensing.
    21st article superior administrative organ and legal institutions corrected illegal or improper of administrative license behavior, should making administrative law enforcement supervision notice, notification implementation administrative license of administrative organ deadline itself corrected; administrative organ not corrected or not regular corrected of, superior administrative organ and legal institutions can reported to the this level Government or this sector made revoked, and change or ordered again made administrative license decided, and making administrative law enforcement supervision decided book.
    Administrative authorities having received the written decision of administrative law enforcement supervision, must be implemented without delay and the implementation of administrative law enforcement supervision decisions within 30 working days of the authorities or legal bodies.
    22nd the citizens, legal persons and other organizations found that administrative authority in contravention of the implementation of administrative licensing, right to higher administrative authorities or legal agencies reports, complaints.
    Upper level administrative organs or the rule of law institutions received from citizens, legal persons and other organizations to the implementation of administrative violation of administrative permission Act reporting, complaints should be to investigate the reports, complaints, handle and respond within the statutory time limit; no statutory deadline, shall, within 7 business days with a response.
    Monitor the conduct of organs of executive authority in contravention of the implementation of administrative licensing reports, complaints, shall be handled in accordance with the relevant laws and regulations.
    23rd people's Governments above the county level legal institutions should be organized on a regular basis on the implementation of the administrative license within the administrative area and the need for evaluation, the executive authorities, the views of citizens, legal persons or other organizations, evaluation recommendations or observations made and evaluate suggestions or comments submitted to the autonomous regional people's Government legal agencies.
    Government legal agencies should summarize your evaluation recommendations or opinions, research, the evaluation shows that the need of any change or cancellation of administrative licensing items should be procedures to laws, regulations, regulatory authorities or report to the autonomous regional people's Government.
    24th government legal agencies above the county level shall, in accordance with the relevant laws, regulations and rules provides that administrative bodies within their respective administrative areas implementation of administrative licensing matters concerning cleaning, will clear the results reported to the people's Governments at the corresponding level validation, and to the public.
    25th fourth chapter penalties in violation of these rules, the administrative licensing law and other relevant laws, regulations, prescribed by the regulations is liable, in accordance with its provisions.
    26th the administrative organ and its personnel in violation of the rules, refusing to correct the implementation of administrative licensing of illegal or improper conduct, directly by the administrative permissions for the relevant authorities in charge of personnel and other persons directly responsible shall be given administrative sanctions.
    27th article administrative organ and staff interference, and refused to and block legal institutions carried out administrative license supervision work of, by legal institutions depending on plot weight, reported to the this level Government or this sector approved, ordered deadline corrected, give warning or temporarily buckle about responsibility personnel of administrative law enforcement card; plot serious of, by sent card organ cancellation about responsibility people of administrative law enforcement documents, and law give administrative sanctions; constitute crime of, law held criminal.
    28th administrative organs in violation of the rules, assignment without obtaining the certificate of administrative law enforcement personnel engaged in the implementation of administrative licensing work, by legal agencies ordered corrective action and recommended personnel should be transferred from the original job refuses, directly by the administrative permissions for the relevant authorities in charge of personnel and other persons directly responsible shall be given administrative sanctions.
    29th administrative license supervision staff supervision and dereliction of duty, abuse of power, favoritism, the relevant authorities shall be given administrative sanctions in accordance with administrative privileges.
                                                                                                                          The fifth chapter supplementary articles article 30th these measures shall take effect on September 1, 2005.

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