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Wuhan Several Provisions The Implementation Of Administrative Licensing

Original Language Title: 武汉市实施行政许可若干规定

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(Adopted by the 21st ordinary meeting of the Government of the city of Vavuhan on 28 June 2004 No. 160 of the Order of the Government of the Republic of Vilhan on 30 June 2004 (Act No. 160 of 1 July 2004)

Chapter I General
Article 1 establishes this provision in accordance with the National People's Republic of China's administrative licence law (hereinafter referred to as the administrative licence law).
Article 2 refers to the administrative licence referred to in the present article, which refers to the application of the executive body to grant it to conduct specific activities under the law, legislation, the State's decision and the regulations of the Government of the province, in accordance with the laws, regulations, the State of State.
The laws, regulations, the Department of State decided and the regulations of the Government of the Provincial People's Republic set up administrative licences, and their executive organs should be brought together by the Government of the city.
Article 3. This provision applies to the administrative organs and laws, regulations and regulations governing the enforcement of administrative licences in Vilhan City (hereinafter referred to as the executive licensing authority).
This provision is not applicable in the internal authorization of the executive organs of other administrations or of personnel, financial, external matters, etc. of their direct management units.
Article IV shall apply administrative licences by the executive licensor in strict compliance with the provisions of the Administrative Accreditation Act.
Chapter II
Article 5 Since the date of implementation of the administrative licence law, the administrative licence of the executive licensor shall be subject to a decision of the law, administrative regulations or the State of the State, the local legislation of the northern province of Lake and Vhan City or administrative licence granted by the Government of the Northern province of the Lake.
Article 6
The law, regulations and regulations provide for administrative licences and requests for material, and the executive licensing authority shall not increase administrative licences and requests for material.
Article 7. The draft local legislation to be submitted for consideration by the Government of the city is intended to create administrative licences and the drafting cell shall hold a hearing to seek the views of the various communities of society in advance.
Chapter III Execution of administrative licences
Article 8
Article 9. The executive branch shall authorize other administrative organs to carry out administrative licences in accordance with the law, regulations and regulations, and shall sign the Code of Execution of Administrative Accreditation.
The letter of commission should contain the name, address, contact modalities for the commission and the entrusted organ, the specific matters entrusted, the duration of the commission and the legal responsibility.
The book shall be made available on the boarding body, the office of the entrusted organ or the public information website.
The delegated authority carries out administrative licences in the name of the commissioning authority. The commissioning authority assumes legal responsibility for the conduct of an administrative licence by the competent organ.
Article 10 The executive authority at the municipal level, in accordance with the provisions of the Government of the people of the city, may entrust the related administrative authority, such as the New Technologies Development Zone in the Lake Vavu, the Uhan Economist Committee, the Uangger Committee for Technology Development, the Zan Mountain Straits Commission for Science and Technology.
Article 11. The executive body may sign a letter of entrustment for the processing of administrative licence requests to facilitate the submission of administrative licence requests by the applicant, entrusting other administrative organs or organizations with public administration functions to receive administrative licence requests.
The content and publication of the book should be set out in accordance with article 9, paragraphs 2, 3 and 3.
The competent organ or organization shall, in the name of the commissioning body, return the applicant to the written decision to receive or receive the requested material. Upon receipt of the request by the competent organ or organization, the requested information should be sent to the competent authority for review of the decision and to the applicant for a licence decision.
The organ entrusted with legal responsibility for the conduct of the licensee or the organization of the receipt and delivery of the request material.
Article 12, in accordance with the principles of simplification, harmonization and effectiveness, and with the approval of the Department of State and the decision of the Provincial People's Government, may exercise administrative licensorship by an administrative organ concerned.
Article 13 requires an administrative licence authority to carry out multiple administrative licences or an administrative licence involving multiple internal establishments of the administrative licensor, which should establish a window for the approval of administrative licence requests, and to determine whether an institution is in a position to accept administrative licence requests and to harmonize the delivery of administrative licence decisions.
Article 14.
Harmonization or joint processing shall require the application of administrative licences in accordance with the procedures and requirements of “the competent authority shall receive, reproduce the relevant sectors and review, harmonize delivery”.
The modalities for the operation of “concentration, integrated coordination, normative licences, time limits” are concentrated.
Chapter IV Implementation procedures for administrative licences
Article 15. The executive licensor shall establish a means of implementation for each administrative licence in accordance with the requirements of the Administrative Accreditation Act and the relevant laws, regulations and regulations establishing and implementing administrative licences.
The application of administrative licences includes the following:
(i) To create the legal basis for administrative licences;
(ii) Number, conditions and modalities of administrative licences;
(iii) Applications for materials and requests;
(iv) Administrative licensing, decision-making organs;
(v) Procedures and time frames for administrative licences;
(vi) Administrative licences and effective deadlines;
(vii) Other elements.
The administrative licence implementation scheme established by the administrative licensor shall be presented in the same case as the rule of law of the Government of the Principality and be made available at the office of the administrative licence application or on the public information website of this organ.
The administrative licence application, counselling, the place of receipt of the complaint, the time, the number, specifications, whether the original requirement is required, shall be determined and published by the administrative licensor.
Article 16 citizens, legal persons or other organizations consider that the administrative licence application is not in accordance with legal, regulatory, regulatory and regulatory provisions, which can be reflected in the executive licensor's view that the executive licensor shall be established in accordance with the relevant laws, regulations, regulations and regulations and, in accordance with the rules of procedure, the administrative licence application method shall be applied in a timely manner.
Article 17 The executive licensor shall form the administrative licence guide in accordance with the principles of the licensor and inform the applicant of matters to be taken into account when applying.
Article 18 The administrative licence implementation method should provide for the full application material to be submitted by the applicant. The executive licensing authority shall not require the applicant to submit the requested material not provided for in the administrative licence application.
The applicant shall not reject the application of the applicant's administrative licence on the grounds that the applicant's application is not entirely based on the conditions published by the administrative licensor and the material submitted to the administrative licence request.
The applicant's submission of the application is incomplete or not in accordance with the statutory form and can be added to the current place; it is not possible to add the floor, and the administrative licensor shall inform the applicant in writing, within 5 days, of the full content that the applicant needs to be filled. The applicant shall receive the application after written notification of the material.
Article 19 The applicant shall submit an application for administrative licence to the executive licensor and the administrative licensor shall, regardless of whether the material is received or if the application is admissible, give the applicant a copy of the chapter of the exclusive organ of Gégué and a written return of the date indicated. The reasons should be given for not receiving or receiving.
Article 20
Article 21 shall review the applicant's submissions.
The applicant's submission is in full and in accordance with the statutory form and the executive licensor is able to make decisions at the time and shall make written administrative decisions.
The executive licensor will need to verify the substance of the application, and may use written verification as follows:
(i) The facts as presented by the applicant's commitment, otherwise the adverse legal consequences;
(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, a written or field verification of the substance of the application is required, and the administrative licensor may assign more than two staff members to verify that work documents should be presented in the field verification.
Article 22 provides that administrative licences shall be heard by law and that the administrative licensor shall hold hearings in accordance with the provisions of the administrative licence hearing procedure in the city of Vilhan. The State, the province has provisions that are made.
Article 23 uses for the development of limited resources, public resource allocation and market access for specific industries that are directly concerned with public interest, require administrative licences for specific rights matters, and the executive organs should decide through fair competition, such as tendering, auctions, etc. However, the law, administrative legislation and regulations provide otherwise.
In accordance with the relevant legislation, administrative regulations, the executive branch shall make specific procedures for making administrative licence decisions, including through tendering, auctions.
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 implements occupations, industries that provide public services and directly relate to public interests, requires the determination of administrative licences that have special qualifications, special conditions or special skills, qualifications, qualifications, specific citizenship, which shall be granted by law, administrative licence decisions by the executive licensor in accordance with examination performance and other statutory conditions, the granting of specific qualifications, qualifications, and administrative licences by the executive licensor in accordance with the professional composition, technical conditions, operation performance and management of the results of the examination. However, the laws, administrative legislation and regulations provide otherwise.
The examination of the specific qualifications of citizens is carried out by the executive licensor and held in public. The executive licensor shall publish, in advance, the names of the qualification examinations, the examination, the examination subjects and the examination outline. However, mandatory pre-qualification examination training shall not be organized and no teaching materials or other primary examination materials shall be designated.
Article 25 provides for the implementation of important equipment, facilities, products and goods that directly relate to public safety, physical health, the safety of life, the need for administrative authorizations to be validated in accordance with technical standards, technical norms, such as testing, testing, quarantine, etc., and shall be subject to technical standards, technical norms for testing, testing, detection, quarantine, and administrative licence decisions by the executive licensor in accordance with the results of testing, testing, quarantine.
The administrative licensor implements tests, testing, quarantine, and should assign more than two staff members to test, test, quarantine, in accordance with technical standards, technical norms within 5 days of the date of receipt of the application. There is no need for further technical analysis of tests, testing, quarantine results to determine whether equipment, facilities, products, goods are in compliance with technical standards, technical norms, and administrative licence decisions should be made at the time.
In accordance with tests, testing and quarantine results, the executive licensor shall make decisions that are not subject to administrative licence, and shall provide in writing the technical standards and technical norms on which no administrative licence is based.
Article 26 requires administrative permission to determine the subject matter of qualifications, such as the establishment of an enterprise or other organization, and the applicant's submission is fully and in accordance with the statutory form, the executive licensor shall be registered at the time. The substance of the application is required to be verified in accordance with the provisions of article 21, paragraph 3, and article IV.
Article 27 has a limited number of administrative licences, two or more applicants are eligible for statutory conditions, standards, and the executive authority shall take a decision to grant administrative licences in accordance with the order in which the application for administrative licence is admissible. However, the law, administrative legislation and regulations provide otherwise.
Article 28 does not provide for an effective period of time for administrative licences, and the executive licensor shall not provide for an effective period of time.
The decision taken by the executive licensor to grant administrative permission shall be made available on the public information website of the institution and the public has the right to free access.
Article 33 Time limits for the processing of administrative licences by the administrative licensor's written commitment are short of the statutory period, and the executive licensor shall make administrative decisions within the commitment period.
Article 31 of the decision of the executive licensor to make a licence shall give the reasons for the written decision containing the seal and the date of the decision.
Article 32 requires the applicant to apply for changes in administrative licence matters, and the executive authority shall decide in accordance with the procedures for administrative licences.
The administrative licensor's time limit for the decision of the applicant to change the administrative licence application is governed by the law, legislation and regulations; the time period for the application of the initial administrative licence application is not provided by law, legislation and regulations.
Article 33 does not have the basis for law, administrative regulations, and administrative licences are granted by the executive authority without charge.
The executive licensing authority provides the applicant with the form of an administrative licence application without charge.
Article 34 imposes a reporting system for major administrative licence decisions. The decision to grant administrative licences for matters under article 46 of the Administrative Accreditation Act should be held on hearings, and the executive branch shall, from 15 days of the date of the decision, send a petition to the Government of the same people and the executive branch at the highest level.
The rule of law institutions at all levels are specifically responsible for the preparation of the major administrative licence decisions of the people at the next level and the people's Government at this level.
Oversight inspection
In accordance with the principle of “personal approval, who is responsible, who shall regulate”, the executive licensor shall perform the responsibility to monitor the licensee's activities in administrative licence matters.
Article 36 shall establish a monitoring inspection system to carry out oversight responsibilities through verification of material reflecting the licensee's activities in administrative licence matters. Monitoring of inspection and processing results should be recorded and signed by supervisors. The public has the right to access inspection records by the executive licensing authority.
The administrative licensor shall create the conditions for the achievement of a system of computer archives with the licensee and other relevant administrative bodies to verify the participation of the licensee in administrative licence matters.
Article 337 The executive licensor may conduct a sample of the products produced by the licensee in accordance with the law, test, test and test, and carry out field inspections in its productive places.
The executive licensor shall conduct regular inspections in accordance with the law and provide the corresponding supporting documentation for important equipment, facilities and facilities that directly relate to public safety, hygiene, life and property security.
Article 338 Laws, administrative regulations do not provide for annual trials, annual inspections or periodic inspections, review, and administrative licensor shall not conduct annual trials, annual inspections or periodic inspections, review of the administrative licence granted.
Article 39 found that individuals and organizations had the right to report to the executive licensor.
The executive licensor shall publish bodies, locations and telephones that receive reports of activities that are in contravention of administrative licence matters and shall be verified and processed in a timely manner, after reports from individuals and organizations.
Article 40. The executive licensor shall not carry out administrative licences in accordance with the law, and the applicant may lodge a complaint or may apply administrative review under the law.
Article 40 shall establish an administrative licence complaints regime, designate specialized agencies responsible for receiving and dealing with complaints of administrative licences against this organ, and make public information websites available to the public information site of the body and telephones for the complaints.
Complaints by the receiving body should be investigated and the perpetrators were informed in writing of the investigation.
Article 42, the inspectorate shall carry out an administrative licence under the law of the executive branch; the body and telephones, such as the public information site of the body; the complaints or prosecution of the receipt shall be investigated, the complaint or the prosecution shall be carried out, and the relevant administrative organs shall be mandated to be treated in accordance with the law, the administrative organs shall refuse to deal with, and the inspectorate shall be held accountable for the administrative error of their head.
Article 43 does not have the basis for law, administrative regulations, and the administrative licensor shall inspect administrative licence matters without charge of any cost.
The price sector conducts a monitoring inspection by law of the administrative licensor's fees for administrative licences.
Article 44 shall establish and implement an administrative licence liability regime and accountability system.
In the course of the administrative licence management, an administrative licensor shall be held accountable for the administrative error of the responsible person:
(i) The creation of administrative licences or additional administrative licence conditions in violation of the normative documents;
(ii) Applications for administrative licences that meet the conditions set;
(iii) In the absence of office space to indicate the material that should be communicated by law;
(iv) In the process of admissibility, review and decision-making of administrative licences, the applicant and the stakeholder have not fulfilled their statutory notification obligations;
(v) The applicant's submission is incomplete and incompatible with the statutory form and does not always communicate to the applicant the full content that must be filled;
(vi) No administrative licence application or grounds for administrative licence are provided by law;
(vii) The holding of hearings by law without hearing;
(viii) To seek, receive or otherwise benefit from other property;
(ix) Receive charges or not charged under statutory projects and standards;
(x) Contrajection, misappropriation, private separation or conversion of administrative licences charged by law;
(xi) To grant administrative licences to applicants who do not meet the statutory conditions or go beyond the statutory authority;
(xii) The applicant who meets the statutory conditions shall not be granted administrative permission or shall not take administrative licence decisions within the statutory period;
(xiii) In accordance with the law, the granting of administrative licence decisions based on tenders, auctions or examination performance preferences, without solicitation, auctions or examinations, and the decision not to grant administrative licences in accordance with tenders, auctions or examination performance preferences;
(xiv) The right to licensorship, subsectors or other organizations in conflict with the law;
(xv) Responsibilities involving different sectors, without timely and proactive coordination, inadvertent or delay, or in the transfer of other sectors after the conclusion of the licence in this sector;
(xvi) Other violations of administrative licence provisions, misappropriation of administrative licences or damage to the legitimate rights of the licensee.
Article 42 shall report to the Government of the same people on the implementation of administrative licences in the first quarter of each year, including administrative licence matters, application of licences, licence results, applicant's complaint or application for administrative review, administrative proceedings and their results. The report should be made available on the public information website of this organ.
Annex VI
The specific application of this provision is explained by the Office of the Rule of Law of the Municipal Government.
Article 47 provides for the implementation of Article 47 as of 1 July 2004 and, at the 50th ordinary meeting of the People's Government on 1 June 2002, the provisional provision for administrative approval in the city of Vavhan, the responsibilities for administrative approval in the city of Vilhan and its provisional approach.