Key Benefits:
(Adopted at the 29th ordinary meeting of the People's Government of Glin, 29 September 2004, No. 158 of the Decree No. 158 of 30 September 2004 on the People's Government of Chilin City, issued as of 1 November 2004) Chapter I General Article 1 guarantees and monitors the effective administration of the administration of the executive branch, in order to regulate the implementation of administrative licences, protect the legitimate rights and interests of citizens, legal persons or other organizations, and develops this approach in the light of the provisions of the National People's Republic of China's administrative licence law (hereinafter referred to as the Administrative Assignment Act) and related legal regulations. Article 2 Article 3 governs the application of administrative licences by the executive organs and should be guided by the principles of public, fair, civil, efficient and trusted protection. Article IV. Governments of municipalities, districts (markets) should establish a monitoring system for sound administrative licences and enhance the supervision of administrative authorities in implementing administrative licences. Chapter II Application and admissibility Article 5 The executive body shall receive administrative licence requests in accordance with the principle of concentration, subject to administrative licensor matters handled by multiple in-house establishments, which should be determined by the establishment of an internal body to be accepted, and have entered the unified office space and may be processed by a single window. Article 6. The executive body shall make a presentation on the form and application of administrative licences, on the basis, conditions, quantity, procedures, deadlines and all submissions required. The applicant requests the executive branch to make clarifications and explanations of the content of the statements, and the executive organs should make clarifications, explanations and provide accurate and reliable information. Article 7. Civil, legal or other organizations may apply for administrative licences that may be submitted directly to the executive branch, or may be submitted through the manner specified in article 29, paragraph 3, of the Administrative Accreditation Act. The application requires the adoption of the format, which should be free of charge by the executive organs of the State, the uniform format of the province, the State and the province did not provide for the use of the formats for which the Government of the city had been validated. Article 8. The applicant entrusts the agent with the application for administrative licences and shall submit to the executive organs a letter of entrustment signed by the author and the identity of the author. In other ways, the applicant will require an electronic signature, which may be used in accordance with the law, and the executive branch shall designate an individual. Article 9. The applicant submits an application for administrative permission to the executive branch and the institution or a reception window shall, at the time of writing, contain the date received, the applicant's case, the content of the application, etc. Article 10 shall be subject to a formal review of the admissibility of the application in accordance with the following provisions: (i) Does the application matter fall within the terms of reference of this administrative body; (ii) Whether the application is a matter of law that does not require administrative permission; (iii) Whether the number of requests is limited; (iv) Whether the applicant submits the application material consistent with the provisions of the law, regulations and regulations; (v) The applicant's application material is in compliance with the prescribed format and quantity. Article 11. The executive branch shall, after reviewing the applicant's administrative licence application, deal with the following provisions: (i) The applicant shall be informed of the applicant's inadmissibility if the number of administrative licences and administrative licence matters is not within the jurisdiction of this administrative body, which is not required by law; (ii) The errors that may be corrected at the time of the request for material should be allowed to be corrected and confirmed by the applicant's signature or chapter; (iii) The applicant shall be informed, if it is not fully or in accordance with the prescribed format, quantity, that the applicant needs to be added within five days from the date of receipt of the request for information, and that the situation should be recorded; and that it is not later communicated that it is admissible from the date of receipt of the request; (iv) The application shall be subject to the terms of reference of this administrative body, the full and statutory form of the application, or the applicant shall receive an administrative licence application in accordance with the request for the full replenishment of the material. Article 12. The executive organ shall take a decision in writing to add a special seal of the organ, specifying the date and send the applicant within two days. The duration of the administrative licence started to be calculated from the date of the decision of the executive branch to receive administrative licences. Chapter III Review and decision Article 13. The administrative authority shall carry out a substantive review of the application in accordance with the statutory conditions. Focus review of the following: (i) The legality of the applicant's condition as reflected in the application material; (ii) The applicant's condition is in compliance with the requirements set forth in the application; (iii) Whether the relevant content of the application is true. Article 14 requires verification of the substance of the application, in accordance with the statutory conditions and procedures, and the executive body shall assign more than two staff members to verify. Verification should be recorded. After a review of the content of article 14 of this approach, it is in line with the provisions of the law, that conditions are fully in place and that a decision to grant a licence should be made, otherwise, a decision not to be granted. Article 16 shall be reviewed by the executive branch of the city before the administrative licence matters decided by the executive branch after review by the executive branch of this city, which shall be reviewed by the executive branch within 20 days of the date of receipt of the application for administrative licence and shall submit the preliminary review observations and all requests for information to the executive branch. Article 17, when the administrative authority receives a request for administrative licence, it may make an administrative licence decision at the time and shall make an administrative licence decision. The executive body shall receive an application for administrative licences and shall not be able to decide on the ground and shall make written decisions in writing on the granting of administrative licences or the non-administrative licence within 20 days of the date of receipt of the application. No decision could be taken in the course of 20 days, with the approval of the head of the executive branch, it would be possible to extend ten days and to communicate the reasons for the extension period to the applicant. However, the legislation provides otherwise in accordance with its provisions. Article 18 shall be subject to uniform or joint processing, assembly, duration of which shall not exceed forty-five days; no closure shall take place within forty-five days, with the approval of the head of the Government of the current level, for a period of fifteen days and shall be communicated to the applicant for the reasons for the extension period. Article 19 (i) There is a need for the issuance of administrative licences to the applicant for the issuance of administrative licences for the seals of the Gatesan authorities; (ii) The executive body carries out testing, testing, quarantine, and requires more than two staff members to be deployed to field tests, testing, quarantine facilities, facilities products, cargo labelling or messaging; (iii) The law provides for a period of time for administrative licences and shall be communicated to the relative; (iv) The decision of the executive branch to grant administrative licences should be made public. Access and the necessary conditions should be granted to the public. Article 20 provides that the executive body shall make decisions that are not subject to administrative permission and shall explain the reasons and inform the applicant of the right to apply for administrative review or administrative proceedings in accordance with the law. The applicant may apply for administrative review or administrative proceedings on the grounds that the applicant has submitted an administrative licence application under the law. Article 21, the written decision of the executive body to grant administrative licences or to refrain from administrative licences, was sent to the applicant within 10 days of the date of the decision. The way forward is to be implemented in accordance with the provisions of the Civil Procedure Act of the People's Republic of China concerning the delivery. Article 22, the licensor requested a change in administrative licence matters and an application to an administrative authority for the granting of administrative licences, which is governed by the relevant provisions of the administrative licence application review under this chapter. The law, legislation and regulations provide otherwise in accordance with their provisions. Article 23 of the licensor submits, in accordance with the relevant provisions of the administrative licence application review under this chapter, a written decision on whether the administrative licence is granted for the continuation prior to the expiration of the effective period of the administrative licence. The decision was not decided later and considered to be extended. However, the law, legislation and regulations provide otherwise in accordance with their provisions. Chapter IV Article 24: The executive body shall organize hearings in accordance with the following administrative licence matters under the law: (i) Legal, regulatory and regulatory provisions stipulating that administrative licences should be heard; (ii) The executive licensor's view that significant administrative licence matters involving public interest are required; (iii) To be informed by law of the applicant for an administrative licence to the right to be heard, the owner, and, within the statutory period, to make a request for hearing. Article 25 (i) A large number of persons competing for a limited number of administrative licences cannot meet all applicants' requirements (other than obtaining administrative licences in fair competition, such as tendering, auctions); (ii) To grant the applicant administrative licence directly to the interests of its neighbouring or other parties; (iii) Access to market access for specific industries of interest to the public interest, granting the applicant's administrative licence and directing the economic interests of other operators. Article 26 The executive body shall organize hearings within 20 days of the request for hearing by the applicant, the stakeholder, and shall communicate the letter of the hearing to the applicant, the owner, and, if necessary, the notice of the hearing before the hearing. In addition to national secrets, commercial secrets or personal privacy, hearings should be held in public. Article 27 participants included hearing chairs, administrative licensor reviewers, administrative licensor applicants, stakeholders and commissioners. The moderator shall be in compliance with the following conditions: (i) Staff of the body responsible for the implementation of the hearings; (ii) In accordance with the hearings, there is a certain organizational capacity to be competent to the work of the moderator; (iii) More than three years of administrative licence review. The moderator is responsible for the organization of the hearing and the recorder is responsible for the production of a hearing. The moderator shall be appointed by the head of the hearing organization to review the application of the administrative licence shall not serve as the moderator. The hearings are appointed by the moderator. In accordance with article 33, the moderator exercises the following functions under the law: (i) The time, place and manner for the holding of hearings; (ii) To verify the identity and competence of the hearing participants and their commissioners; (iii) A fair, objective and comprehensive hearing of the views of the participants; (iv) Inquired participants on evidence of administrative licence, grounds; (v) To require the hearing to provide or supplement evidence; (vi) Maintain a hearing order to put an end to the violation of the senslavement; (vii) Decides to suspend or extend hearings. The hearing is conducted in accordance with the following procedure: (i) The moderator reads the hearing disciplinary; (ii) The moderator checked the identity of the witness and confirmed whether the applicant, the owner and the stakeholder had applied to the facilitators and the recorder to avoid; (iii) The applicant, the stakeholder, for the reasons for the application of administrative licences and for the presentation and defence; (iv) The reviewer, the applicant, the stakeholder and the licensor for the application of administrative licences, in response to questions relating to the grounds for and the applicable law of the application of administrative licences, and in the case of evidence provided by other hearing participants, all evidence relating to the application of administrative licences shall be presented in the hearings, in essence; (v) A final presentation by the applicant, the stakeholder; (vi) The closing of the hearings by the moderator. The hearing was confirmed by the participant or by the name. Article 3 states that: (i) The hearing of the participant cannot continue to participate in the hearings for reasons of irrevocability; (ii) In the course of the hearings, new witnesses will be required to re-establish the evidence concerned, to investigate or to communicate the evidence to the site; (iii) Other cases requiring suspension of hearings. After the suspension of the hearing, the hearings should be resumed. He or she is responsible for holding a hearing in accordance with the provisions of this approach. In one of the following cases, hearings can be postponed: (i) The applicant, the stakeholder, who submitted the grounds for avoiding the application, may not be able to determine the moderator or the hearing of the witness; (ii) The hearing of the witness was not possible for the reasons for the non-refusibility; (iii) Other cases requiring extensions. After the elimination of the former extensions, hearings should be held within five days. A third article XIV, in which the applicant and the owner have one of the following cases, is considered to have abandoned the hearing: (i) There shall be no reason to participate in the hearings; (ii) The hearing was held without the hearing of the moderator to allow the passage. After the hearing, the moderator shall write a hearing report on the hearings and the views of the hearings, together with the hearing sheets, to the head of the organ of the organization. The executive organs shall make administrative licence decisions based on hearings. The costs of administrative hearings are borne by the executive organs of the organization's hearings and cannot be charged to the participants. The time required to organize hearings is not calculated for the period of review of administrative licences. Oversight inspection The Government of the people at the third article is responsible for overseeing the implementation of administrative licences by the lower-level people's Government. The right to administrative licence oversight is specifically implemented by the rule of law (institutional) of the same Government. The Government's rule of law sector (institutional) should establish a telephone to report complaints, reports of administrative licences by citizens, legal persons or other organizations, in accordance with the requirements of administrative licences. In accordance with the legal, legislative and regulatory responsibilities, the inspectorate oversees the implementation of administrative licences by the executive branch. Article 39 Oversight of administrative licences shall focus on the following conduct: (i) Whether administrative licences are granted in violation of the law; (ii) Whether the executive body has the administrative licence; (iii) Whether the applicant is required to purchase the designated commodities and receive the reimbursable services; (iv) Does administrative licences be made public by law; (v) Whether the application for a conditional administrative licence is admissible by law; (vi) Whether administrative licences were granted to the applicant in a timely manner; (vii) Whether a decision on administrative licences should be made at the time of the law; (viii) No administrative licence shall be granted and the applicant shall be informed of the relevant rights; (ix) Administrative licences that fall within the scope of the hearings and whether hearings are organized by law; (x) The legality of administrative licence fees; (xi) Whether the supervisory duties of the licensee are performed by law; (xii) Other violations of the administrative licence law. When the Government's rule of law sector (institutional) staff oversee the implementation of administrative licences by the executive branch, administrative law enforcement oversight documents should be presented, without presentation of administrative law enforcement oversight documents, and the supervisory units are entitled to refuse monitoring. Article 40 of the Government's rule of law (institutional) and the inspectorate may, in accordance with the needs of the oversight exercise, conduct a monitoring review of the implementation of administrative licences by law, including by conducting visits. The Government's rule of law sector (institutional) and the inspectorate have the authority to review the relevant files, documents and information of the inspectorate and have the right to be informed by the staff of the supervisory units; and have the right to conduct investigations into the administrative counterparts. Sections and staff subject to oversight should assist and cooperate with the supervision of inspections, be self-sensitized, without refusing to check or creating artificial barriers for monitoring. Article 43, the supervisory units and their staff members have violations of the Administrative Accreditation Act and this provision, and the supervisory authority has the authority to address the following: (i) To give immediate redress or to change the duration of the offence; (ii) To impose a statutory responsibility; (iii) criticized; (iv) To suspend the administrative law enforcement documents of the person concerned; (v) Recommended that the administrative authority for the administrative licence decision or the superior administrative authority be removed by law; (vi) It is recommended that the inspectorate or the administrative authorities give administrative disposal to the responsible person. Article 44 of the Government's rule of law (institutional) may issue a letter of administrative law enforcement oversight to the relevant units. The letter of administrative law enforcement oversight should contain the facts of the administrative authority and the staff member's violations, the types, grounds and basis for the disposition. The letter of administrative law enforcement oversight should be added to the chapter of the executive law enforcement oversight at the level of the Government or the sector. Article 42 staff of the supervisory body shall be subject to the rules and disciplines of public service activities in the exercise of oversight inspections and shall not impede the normal operation of the licensee, request or receive the property of the licensee, take advantage of other interests, complicate with the licensee or public interest. Article 46 governs the supervision of the activities of the licensee in administrative licence matters, in accordance with the provisions of the administrative licence law and related legal regulations. Chapter VI Legal responsibility Article 47, in violation of Articles 5, 6, 9, 10, 11, 12 of this approach, provides that administrative licences are not dealt with under the provisions or shall be subject to administrative licence requests, which are modified by the Government's rule of law (institutional) order period of time, in serious circumstances by the inspectorate or the competent authority to administratively dispose of the person directly responsible. Article 48, in violation of articles 13, 15, 17, 19, 20 of this approach, provides that no administrative licence application is reviewed and the administrative licence decision is made, in accordance with the provisions of the law of the Government (institutional) for a period of time, in the circumstances of a serious nature, by the inspectorate or the competent authority for administrative disposition by the competent and other direct responsible personnel directly responsible; and criminal liability is vested in accordance with the law. Article 49, in violation of the administrative licence law and the present approach, has not complied with statutory notification obligations to the applicant, the holder of the relationship, or should be held in accordance with the law, and be converted by its superior administrative body or by the inspection department; in the case of serious circumstances, administrative disposition is given to the direct responsible and other direct responsibilities. Article 50 was rejected by the supervisory unit and its staff members to receive oversight or to cooperate with oversight, and the responsible person was the head of the unit and was administratively disposed of by the inspectorate. Following the disposition, the organ responsible for the execution of the disposal should send the results to the Government's rule of law (institutional) case. Chapter VII Article 50 is implemented by the Office of the Rule of Law of the People's Government. Article 52 is implemented effective 1 November 2004. The provisions of the Government of the People of Glin City for the establishment and implementation of administrative approval were also repealed. |
