Jilin City, The Implementation Of Administrative Licensing And Supervision

Original Language Title: 吉林市行政许可实施与监督办法

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(On September 29, 2004 Jilin city government 29th times Executive Conference considered through on September 30, 2004 Jilin city government makes 158th, announced since on November 1, 2004 up purposes) first chapter General first article for specification administrative license of implementation, protection citizens, and corporate or other organization of lawful rights and interests of, guarantees and supervision administrative organ effective implementation administration, according to People's Republic of China administrative license method (following referred to administrative license method) and the about legal regulations of provides,
    This municipality actually, these measures are formulated.
    Article within the administrative area of the city administration and legal and authorized rights to administer the public functions of the Organization (hereinafter referred to as administrative organs) the implementation of administrative licensing, and supervision and inspection of administrative license and other activities, are required to comply with these measures.
    Third administrative organs to implement the administrative licensing, should follow an open, fair, accessible, efficient and trust protection principle.
    Fourth city, County (City) Government shall establish and perfect the Administration licence supervision system, strengthen the supervision on the executive authorities the implementation of administrative licensing.
    Chapter II application and accepting the fifth administrative authority shall, in accordance with the principle of decentralized administration accept administrative licensing applications, internal institutions at the various administrative licensing items shall identify an internal institutions accepted; have entered unified offices, can be set by the unified window.
    Sixth Secretary Office public notice the implementation of administrative licensing matters, the basis, conditions, quantities, procedures, deadlines and the need to submit a list of all materials and application model.
    Applicants require the Executive authority to the public the contents of description, explanation, description, the interpretation of the administrative organ shall provide accurate and reliable information.
    Article citizens, legal persons or other organizations may apply for administrative licenses, you can directly submit their applications to the Executive, or by the provisions of the third paragraph of article 29th of the administrative licensing law form.
    Applications need to use rich text, the executive authorities should provide free uniform format text, State, province, and does not provide for national and provincial and municipal approval of formatted text.
    Article the applicant has appointed a representative for administrative Licensing application, signed by the delegates should be submitted to the executive powers of Attorney and proof of identity of the applicant.
    Submitted by applicant, require electronic signatures, can use electronic signature law, the executive authorities should specify specially assigned to receive.
    The ninth applicant for administrative Licensing application to the Executive, agency or receive window should be an instant records, containing the received date, applicant, application content, and so on.
    Tenth Article administrative organ received administrative license application Hou, should according to following provides on whether accepted the items application for form review: (a) application matters whether belongs to this administrative organ terms range; (ii) application matters whether belongs to law not need made administrative license of situation; (three) application matters whether has number limit; (four) applicants whether submitted has meet legal, and regulations, and regulations provides content of application material; (five) applicants provides of application material whether meet provides of format, and number. 11th article administrative organ on applicants of administrative license application for review Hou, by following provides respectively processing: (a) on not belongs to this administrative organ jurisdiction range, and law not need made administrative license, and administrative license matters of number has saturated of, should rates told applicants not accepted; (ii) on application material exists spot can corrections of errors of, should allows application people spot corrections and by application people signed or sealed confirmed; (three) application material not complete or not meet provides format, and number of,
    Should spot or since received application material of day up 5th within once told applicants need correction of all content, told situation should records; late not told of, since received application material of day up that for accepted; (four) application matters belongs to this administrative organ terms range, and application material complete, and meet statutory form, or applicants according to requirements submitted all correction application material of, should accepted administrative license application.
    12th administrative organs shall accept or do not accept administrative licensing applications, shall take a decision in writing, with the organ-specific seal, dated, and delivered to the applicant within 2nd.
    Administrative license period Administration accept administrative licensing applicant commences on the date of the decision. Chapter III examines and 13th decision the Executive to accept administrative licensing applications, should be in accordance with the statutory conditions for substantive review of application materials.
    Focusing on the following: (a) the legality of application materials reflect the conditions of the applicant, (ii) whether the conditions of the applicant meet the application requirements; (c) the application materials and relevant content is true. The 14th article in accordance with the statutory conditions and procedures, need to verify the substance of the application materials, the executive authorities should assign more staff for verification.
    Verification shall be recorded.
    Content of the provisions of this article 14th 15th following the review, in line with laws and regulations, complete condition, should make the decision to grant permission or not to permit a decision should be made.
    16th according to law should be reviewed by the Executive in the city before they are submitted to the next higher administrative license of executive decisions, the city's administrative authority shall accept administrative licensing applications within 20th of this review has been completed and preliminary review comments and all application materials submitted to the higher administrative authority.
    17th administrative authorities accept administrative licensing applications, would be able to make a decision on the administrative license shall be made on the spot decision on the administrative license. Administrative authorities accept administrative licensing applications, you cannot make decisions on the spot, shall from the date of acceptance of the application in writing in the 20th to grant administrative licenses or no written decision of administrative licensing. Cannot make a decision in the 20th, and approved by the head of the administrative organ, you can extend the 10th, and will inform the applicant of the reasons for such further period.
    However, as otherwise provided by laws and regulations, in accordance with its provisions.
    18th uniform handling of administrative licensing or joint management, centralized management, handling of time shall not exceed 45 days; cannot be concluded within 45 days, approved by the head of the people's Governments at the corresponding level, you can extend the 15th, and shall inform the applicant of the reasons for such further period.
    19th article administrative organ made granted administrative license of decided, according to following provides handle: (a) need issued administrative license documents of, to applicants issued stamped this organ seal of administrative license documents; (ii) administrative organ implementation test, and detection, and quarantine of, must sent two name above staff to site test, and detection, and quarantine, can in test, and detection, and quarantine qualified of equipment, and facilities products, and items Shang stamped label or stamped test, and detection, and quarantine seal; (C) laws and regulations stipulate that the licensing of a certain period, shall inform the person; (d) approving an administrative license is made by the executive authorities of the decision should be made public.
    Public inspection requirements, check out and provide the necessary conditions shall be granted.
    20th made no decision on the administrative license of executive authority, it shall explain the reasons and inform the applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    After the applicants submitted applications for administrative license according to law, the Executive fails to respond, no reason for, applicants can not as the Administrative Office for applying for administrative reconsideration or bring an administrative suit. 21st executive administrative license or no written decision of administrative licensing, hosted by business organizations within 10th since the date of the decision to the applicant.
    Service in accordance with the People's Republic of China regulations of the code of civil procedure relating to the service. 22nd licensee changes the administrative licensing matters, and to the administrative organ for administrative license is made, administration applications for administrative license as provided in this chapter to review the relevant provisions.
    Otherwise provided by laws and regulations, in accordance with its provisions. 23rd licensee last made an application for administrative license is valid in accordance with law, administrative organs shall, in accordance with the provisions of this chapter that the permit application review of regulations, and the administrative license is valid whether or not to approve the extension before the expiry of the decision in writing. Fails to make a decision, considered to approve the extension.
    However, as otherwise provided by laws and regulations, in accordance with its provisions.
    Fourth chapter hearing 24th article administrative organ law implementation following administrative license matters of, should organization hearing: (a) legal, and regulations, and regulations provides implementation administrative license should hearing of matters; (ii) administrative license implementation organ think need hearing of involved public interests of major administrative license matters; (three) law was told hearing right of administrative license application people, and interest relationship people, in statutory term within, proposed hearing application of matters.
    25th article applicants application of administrative license matters, has following case one of, belongs to directly involved applicants and others Zhijian major interests relationship, administrative organ in made administrative license decided Qian, must told applicants, and interest relationship people in statutory term within can requirements hearing: (a) more people while competition has number limit of administrative license, cannot meet all applicants requirements of (to tender, and auction, fair competition way made administrative license of except);
    (B) granting administrative licensing directly related neighboring rights of the applicant or the interests of other parties and (iii) market access for industry-specific public interest, grant administrative licensing of the applicant, directly related to the economic interests of other operators.
    26th the administrative organ shall be the applicant or interested party after hearing an application made within 20th hearing, 7th hearing and held a hearing in the notice on the applicant or interested persons, shall be published, if necessary.
    In addition to involve State secrets, business secrets or personal privacy, the hearing shall be held in public.
    27th hearing include hearing the presiding officer, Chief license Inspector, administrative license applicants, interested parties and the Commission representative.
    28th hearing officer shall comply with the following conditions: (a) the implementation of organs of hearing organization staff; (b) in accordance with provisions on the hearings, and have certain organizing capacity, capable of hearing the work; (c) engaged in the review of administrative licensing work for more than three years. 29th host specific organization responsible for hearing, the recorder is responsible for making hearing transcripts. Hearing officer designated by the heads of organs of hearing, review the staff may not serve as the hearing of the administrative Licensing application.
    Record of the hearing specified by the hearing officer.
    30th article hearing host law exercise following terms: (a) determine held hearing of time, and locations and way; (ii) verified hearing participate in people identity and delegate Agent identity, and permission; (three) just, and objective, and full to heard hearing participate in people of statement views; (four) on administrative license of evidence, and reason asked hearing participate in people; (five) requirements hearing participate in people provides or added evidence; (six) maintained hearing order, stop violation hearing discipline of behavior; (seven) decided suspended or extension hearing. 31st article hearing by following program for: (a) hearing host read hearing discipline; (ii) hearing host check hearing participate in people identity, confirmed applicants, and interest relationship people whether application hearing host, and records Member avoided; (three) applicants, and interest relationship people on administrative license application proposed evidence reason, and for statement, and defence; (four) administrative license application of review personnel, and applicants, and interest relationship people and the delegate agent on administrative license application of reason and applies legal, problem for reply, And the evidence provided by the other participants in the hearing for cross-examination, all related to the administrative Licensing application and evidence should be heard in the show, quality certificates, (v) the applicant or interested party to make a final statement; (vi) the hearing officer declared the hearing closed.
    After the hearing participants in the hearing confirmed the signing or seal.
    32nd under any of the following circumstances, may suspend the hearing: (a) the participants in the hearing because of force majeure reasons, cannot continue to participate in the hearing, (ii) in the course of the hearing, recertification needs to the relevant evidence and inspection surveys or necessary to summon new witnesses to testify, and (iii) other circumstances that should suspend the hearing. Suspension hearing was gone, should restore hearing.
    The hearing officer are responsible for hearing pursuant to the provisions of these measures.
    33rd under any of the following circumstances, may postpone the hearing: (a) the applicant or interested party applying for withdrawal justification, cannot determine the hearing officer or hearing records, (ii) presence of the participants in the hearing because of force majeure reasons and (iii) other circumstances that need an extension.
    Delayed after the Elimination of the preceding paragraph, shall hold a hearing within the 5th.
    34th applicant or interested party has any of the following circumstances, waived a hearing: (a) without justifiable reason, does not attend the hearing, (ii) held a hearing without a hearing when allowed to leave.
    35th after the end of the hearing, the hearing officer hearing reports of hearing and review comments should be written and reported in conjunction with the hearing organs of hearing Organization heads.
    Executive authorities shall, according to transcripts of the hearing and make a decision on the administrative license.
    Article 36th administrative hearings the hearings of the administrative organs of the Organization's expense, shall not be charged to participants in the hearing.
    37th time required for hearing of administrative permit is not included in the review period. The fifth chapter supervisor shall be responsible for supervision and inspection of the 38th article to supervise the implementation of lower-level people's Government, the implementation of administrative licensing.
    Supervision by the Government at the same level of administrative permission Law Department (Agency) implementation.
    The Department of Legal Affairs of the Government (agencies) should be under supervision of administrative licensing needs, set up telephone hotlines receiving citizens, legal persons or other organizations against administrative licensing, to report.
    Responsibilities under the laws and regulations by monitoring the departments and supervision of administrative bodies related to the implementation of administrative licensing. 39th article administrative license supervision should focus supervision following behavior: (a) whether illegal set administrative license; (ii) implementation organ whether has administrative license right; (three) whether has requirements applicants purchase specified commodity, and accept paid service, not due behavior; (four) administrative license whether do law public; (five) on meet conditions of administrative license application whether law accepted; (six) whether timely to applicants issued has administrative license documents; (seven) law should spot made administrative license decided of,
    Whether spot made; (eight) not administrative license of, whether made not administrative license decided book, and told applicants related right; (nine) belongs to hearing range within of administrative license, whether law organization has hearing; (ten) administrative license charges whether legal; (11) whether law perform has on was license people of supervision duties; (12) other violation administrative license method of behavior.
    40th Government Legislative Affairs Department (Agency) staff on the implementation of the administrative license of executive authority to the supervision shall produce their certificate of administrative law enforcement supervision, does not produce a certificate of administrative law enforcement supervision, supervised units have the right to refuse inspection.
    41st Government Legislative Affairs Department (Agency) and supervisory organs required by supervision tasks, you can examine and make unannounced visits, shall conduct supervision and inspection on the implementation of the administrative license.
    Government legal departments (institutes) and supervisory organs have the right to access to review the unit under inspection-related files, documents and information has the right to be oversight unit staff informed; the right to investigate administrative relative person.
    42nd supervised units and staff shall assist and cooperate with supervision and inspection work, and consciously accept the supervision shall not refuse the inspection or supervision of artificial barriers.
    43rd article was supervision units and staff has violation administrative license method and this provides behavior of, supervision organ right to made following processing: (a) ordered immediately corrected or deadline corrected violations; (ii) ordered perform statutory duties; (three) give informed criticism; (four) temporarily buckle about personnel administrative law enforcement documents; (five) recommends made administrative license decided of administrative organ or superior administrative organ law revoked administrative license;
    (F) recommended by the supervisory departments, or Administrative Department of the relevant personnel to administrative sanctions. 44th Government Legislative Affairs Department (Agency) acts in violation of the administrative licensing law, you can issue the notification of administrative law enforcement supervision to the relevant mainland authorities. The administrative law enforcement supervision notice shall set forth the administrative organs and staff of the illegal facts, offender type, reason, evidence.
    The notice of administrative law enforcement supervision shall be affixed to the level of Government or administrative law enforcement supervision in this sector-specific chapters.
    Article 45th in conducting supervision and inspection work, the staff of the supervisory authority, shall abide by the rules and disciplines of the corporate activities will not affect the licensee's normal business activities, the solicitation or acceptance by licensee of the property, and used his position to obtain other benefits, and licensee in collusion harm others or the public interest.
    46th administrative organs of the licensee shall supervise and inspect the activities of the matters of administrative license in accordance with the administrative licensing law and the provisions of relevant laws and regulations.
    Sixth chapter legal responsibility 47th article violation this approach fifth article, and sixth article, and Nineth article, and tenth article, and 11th article, and 12th article provides, not by provides processing administrative license application or should accepted administrative license application and not accepted of, by government legal sector (institutions) ordered deadline corrected, plot serious of, by monitored sector or competent sector on directly is responsible for of competent personnel and other directly responsibility personnel give administrative sanctions.
    48th article violation this approach 13th article, and 15th article, and 17th article, and 19th article, and 20th article provides, not by provides review administrative license application and made administrative license decided of, by government legal sector (institutions) ordered deadline corrected, plot serious of, by monitored sector or competent sector on directly is responsible for of competent personnel and other directly responsibility personnel give administrative sanctions; constitute crime of, law held criminal.
    49th in violation of the administrative licensing law and the regulations, is not to inform the applicant or interested party to fulfil the legal obligation of hearing or hearing shall be held in accordance with law and not held, by a higher administrative authority or inspectorate shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions. 50th supervised unit and his staff refused to accept the supervision or does not cooperate with supervision, as education is not corrected, is in charge of the responsibilities by the supervisory departments give their sanction; is the general law enforcement personnel, provided by his or her employer sanctions.
    Disciplinary action, disciplinary authority shall take disciplinary measures send the Government legal departments (Organization) record.
    Seventh chapter supplementary articles article 51st this approach implemented by the municipal legal Affairs Office of the people's Government. 52nd these measures shall come into force on November 1, 2004.
                                                                                                                                The Jilin Municipal People's Government on the establishment and implementation of administrative examination and approval of regulations repealed at the same time.

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