Advanced Search

Zhejiang Province Supervision And Inspection Of Administrative Licensing Approaches

Original Language Title: 浙江省行政许可监督检查办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Act No. 177 of the People's Government Order No. 177 of 28 July 2004 and effective 1 September 2004)

Chapter I General
Article 1 regulates oversight of the activities of the licensee in administrative licence matters, protects the legitimate rights and interests of citizens, legal persons and other organizations, preserves public interest and social order, and establishes this approach in the light of the Law on Administrative Accreditation of the People's Republic of China (hereinafter referred to as the administrative licence law), the regulations and other relevant provisions of the Regulations on Administrative Enforcement of the People's Government of the Republic of Zang Province, in conjunction with the actual rights of the province.
Article 2
(i) Oversight inspection of administrative licences by superior administrative authorities;
(ii) The executive body, within its statutory responsibilities, conducts oversight inspections of the activities of the licensee granted administrative permission under the law.
The application of this approach is governed by laws, regulations and regulations that authorize the organization implementing administrative licences and by other administrative organs entrusted by administrative organs.
Article 3. The application of administrative licence supervision inspections is governed by the principles of legal supervision, harmonization of responsibilities and supervision of the combination of self-regulation, corrections and education.
Article IV. The Government of the people at the district level should establish a monitoring system for the enforcement of administrative licences by the executive branch and strengthen the supervision of administrative authorities.
The executive body shall effectively monitor the activities of the licensee in administrative matters.
Any organization and individual found that an administrative authority was in breach of an administrative licence or was not in compliance with its oversight duties under the law, with the right to complain or report to the superior administrative body.
Chapter II Oversight of the application of administrative licences
Article 5 shall apply administrative licences in accordance with the statutory competence, scope, conditions and procedures and shall be subject to oversight by the superior administrative organs.
Article 6. The Government of the people at the district level is responsible for the supervision of administrative licences by the executive organs within the present administration. In accordance with the provisions of the Ordinance on Administrative Law Enforcement of the People's Government, which is more than a district level, the authorities of the people of the province are specifically responsible for the supervision of the Government of the people at this level of the executive authority.
In accordance with the statutory responsibilities, the work sector of the above-ranking people's Government oversees the implementation of administrative licences by the relevant working sectors of the lower-level people's Government.
All levels of inspection, finance and auditing are responsible for the specific supervision of the implementation of administrative licences within their statutory mandate.
Article 7
(i) There is no administrative licence in the form of self-determined documents;
(ii) The executive authorization and its staff are eligible for legal qualifications;
(iii) Whether administrative licences should be granted without the granting of administrative permission, without the granting of administrative licences;
(iv) The legality of the procedure for implementing administrative licences;
(v) The lawfulness of fees for the implementation of administrative licences;
(vi) The lawfulness of any change or withdrawal of an administrative licence that has entered into force;
(vii) Is it possible to follow up on the responsibility of the licensee to oversee the conduct of administrative licence activities;
(viii) Establishment and implementation of an administrative licence regime;
(ix) Other matters that should be monitored by law.
The executive branch of Article 8 may monitor the application of administrative licences by the executive branch at the lower level, including by hearing reports, accessing documentation materials and specialized surveys.
The supervisory body may be stationed at the level of executive authority for joint or centralized administrative licences; on-site supervision of activities such as the application of administrative licences, tenders, auctions, examinations.
The above-mentioned executive organ of article 9 carries out on-site monitoring and inspection of the executive branch at the lower level and should assign more than two staff members. Legal and effective documentation should be presented in the implementation of the on-site inspection.
Article 10 Complaints against citizens, legal persons or other organizations, reports of which they are admissible should be promptly organized to verify or entrust the relevant sectors with verification.
Article 11 introduces an executive licence to carry out the principal qualification system. In accordance with the law, the Government of the people at the district level recognizes and declares the executive body with the qualifications of the subject of the executive licensor.
Staff working in administrative authorizations by the executive branch shall obtain administrative law enforcement certificates in the province of Zangongang or other legal and effective administrative enforcement documents, in accordance with the law of administrative law.
Article 12. The administrative licence decisions on matters to be heard under article 46 of the administrative licence law shall be held, and the administrative organs shall be required to submit the proceedings before the superior administrative body within 30 days of the decision.
Article 13. The executive body shall establish a self-assessment system, in conjunction with the elements set out in article 7 of this approach, to conduct regular inspections of the administrative licence of the organ and to report the inspection in writing to the executive branch at the level.
Article 14. The executive organs shall conduct regular statistical, analytical and timely evaluation of the implementation of administrative licences in accordance with the provisions and report to the superior administrative organs.
In accordance with article 7 of this approach, the executive branch of the upper executive branch has found that the subordinate executive body has a breach of the law, and should make a mandatory period of time in accordance with the law, take the appropriate remedy, recognize the law or treat it in accordance with the law, and may give criticism.
In order to change the period of time and take the appropriate remedy, the letter of administrative law enforcement oversight should be drawn up; in accordance with its mandate, the letter of administrative law enforcement oversight decisions should be produced.
Article 16 of the above-mentioned executive body found one of the conditions set out in article 69, paragraph 1, of the sub-administered administrative authority, which could be withdrawn by law or ordered to withdraw themselves. However, it may cause significant damage to the public interest and will not be withdrawn.
The Levere shall, in accordance with the law, request the withdrawal of administrative licences to the executive organs or to the superior administrative organ, be verified by the executive branch or by the superior administration. The grounds should be justified by law not being withdrawn.
The executive branch shall be compensated by law for the loss of the legitimate rights and interests of the licensee.
Chapter III Oversight inspection of activities in administrative licence matters
Article 17 should establish a system of monitoring inspections at all levels and perform oversight responsibilities for the licensee's activities in administrative licence matters within its statutory mandate.
The executive body entrusted with the administrative licence under the law shall cooperate with the oversight of the activities of the licensee in administrative matters within the scope of the delegated authority.
The executive body that is relatively centralized in the exercise of administrative penalties is competent, within its statutory mandate, to inspect the licensee's activities in administrative licence matters.
Article 18 The administrative body shall inspect the activities of the licensee in administrative licence matters without charge. However, the laws, administrative legislation and regulations provide otherwise in accordance with their provisions.
Article 19, the executive body, in accordance with the law, monitors the licensee's activities in administrative licence matters, may take written verification and field inspections. The verification of the material could achieve the purpose of monitoring management and should be carried out in writing.
The oversight of the inspection is mainly whether the activities of the licensee in administrative licence matters are in compliance with the conditions, standards, scope, manner and whether the licensee performs its statutory obligations when granting administrative licences.
Article 20 requires field inspections in accordance with the law, regulations, regulations and regulations:
(i) The need for inspection of production operators on the ground;
(ii) The need for sampling inspection, testing, testing of products, commodities;
(iii) The need for regular testing of essential equipment, facilities and facilities that are directly connected to public safety, physical health and the safety of life property;
(iv) Implementation by the licensee of the obligation to exploit natural resources or of the obligation to use public resources;
(v) The licensee of access to specific industries that directly relate to public interest, the obligation to perform universal services and the quality of services;
(vi) Laws, regulations and regulations stipulate other places and matters to be inspected on the ground.
Article 21 provides that the administrative body conducts field inspections of the licensee and shall assign more than two staff members. Staff members should present administrative law enforcement certificates in Zangangang Province or other legal and effective administrative law enforcement documents, and deliver letters of inspection on the ground. On-site inspection should produce a notice.
Article 2 governs the conduct of sampling inspections, tests, inspections and inspections by law, and the results of their sample inspections, tests, inspections should be recorded and the results are presented to the licensee and made available to society in due form. The licensor contests the results of sampling inspections, testing and testing and should be reviewed in accordance with the relevant provisions.
The number of inspection, testing, testing of sampling items should not exceed reasonable needs, and the result determines that the samples to be returned should be returned in a timely manner.
Article 23. Important equipment, facilities and facilities that directly relate to public safety, personal health and the safety of life property shall be regularly tested by the executive branch in accordance with the provisions of the law, administrative regulations. There is no provision for legislation, administrative regulations and administrative authorities shall not conduct regular inspections.
The administrative body, which is testing the existence of a security hidden, should be responsible for halting the construction, installation and use of the construction, installation and use of the units to immediately eliminate the hidden situation.
The duration of periodic inspections is not specified in laws, administrative regulations, local legislation, regulations and regulations, and specific programmes are provided by the relevant provincial departments to report on the implementation of the provincial Government's approval.
Article 24 Inspections and results of the exercise of the licensee's activities in administrative licence matters, which are filed after the signature of the inspector and communicated in writing to the licensee in a timely manner; and the need to be signed by the licensee for signature upon confirmation by the licensee.
Monitoring of inspection and processing results should be made available to the public, in addition to national secrets, commercial secrets or personal privacy. The reasons should be given for the non-public record of law.
Article 25. The executive body should establish and improve the system of internal responsibility for the inspection of administrative licences, develop effective and operational oversight practices and measures to strengthen the ex post facto monitoring of the licensee's activities in administrative licence matters, and establish long-efficiency management mechanisms.
Article 26 should establish a complaints, reporting system for the licensee's activities in administrative licence matters, publication of the complaint reports telephone or boxes, and the enforcement of the persons responsible for receiving or processing.
The executive body shall be confidential to the complaint and the author.
Article 27 complaints, reports of individuals or organizations, the executive body shall be subject to registration and shall be promptly verified and processed by law. The outcome must be communicated to the reporting person.
Complaints, reportingers' requests for access to registration should be allowed.
Article 28 shall establish a system of seizures of the offence of the licensee, in accordance with Article 64 of the administrative licence law. There should be conditions for the interconnection of computer systems between the relevant administrative bodies in different administrative regions and the implementation of effective oversight management.
Article 29 provides essential equipment, facilities and other important production facilities that directly relate to public safety, hygiene, life and property security, and the executive organs should promote the design, construction, installation, use or other productive units to establish a corresponding self-assessment system to prevent and reduce the security hidden.
The self-assessment system for the design, construction, installation, use and other production units should be made available to the relevant administrative bodies in a timely manner, and the relevant administrative bodies conduct inspections and guidance on the implementation of the self-assessment system.
Article 31 Staff of the executive branch shall be entitled to access or request the licensee to send the relevant material in accordance with its supervision duties under the law, and the licensee shall provide information and material if so.
Article 31 found that the licensee had a violation in the supervision of the inspection and should be treated in accordance with the administrative licence law and other relevant laws, regulations and regulations.
The licensor's oversight of the executive branch may apply to administrative review or administrative proceedings in accordance with the law.
Article 32, in the supervision of the inspection, found that the licensee had one of the circumstances under article 76 of the administrative licence law and that the write-off procedure for the administrative licence should be governed by the law.
Chapter IV Legal responsibility
Article 33, the executive branch and its staff have one of the conditions set out in articles 72 to 77 of the administrative licence law and, in accordance with the provisions of the administrative licence law, the legal responsibility of the executive branch and the relevant responsibilities.
Article 34 of the executive permit is not in accordance with the statutory qualifications and the non-implementation of the administrative licence regime, which is not restructured by the superior administrative body or by the inspection body to the competent and other direct responsibilities directly responsible.
Article XV Staff of the executive organs are in one of the following cases in the implementation of administrative licences or supervision inspections, and in accordance with the provisions of the Regulations on Administrative Enforcement of the Government of the People's Government over the District of Zanganang Province, the legal responsibility of the executive branch and the responsible person is held:
(i) There are provocative fraud, malfeasing of jobs;
(ii) To use the facilities of the office, to establish cards, to harass the relatives, to request and receive the property of others;
(iii) Execution of administrative licences in conflict with the law of the State or the legitimate rights and interests of citizens, legal persons and other organizations;
(iv) Existence in the exercise of administrative licences beyond its mandate and abuse;
(v) Combat reprisals against citizens, legal persons and other organizations that reported violations of administrative licences;
(vi) There are other violations that are not rectified.
Article 36, in which the licensee violates the administrative licence law and the law, regulations, regulations and regulations in the conduct of administrative licence activities, is held accountable under the relevant provisions of the administrative licence law and legal, regulatory and regulatory provisions.
Chapter V
Article 37 also provides for the supervision of the activities of the licensee in administrative licence matters.
The parties have applied administrative licences and oversight inspections to the executive organs and have applied for administrative review or administrative proceedings, in accordance with the relevant provisions of the National People's Republic of China Administrative Review Act and the People's Republic of China Administrative Procedure Act.
Article 38 of this approach was implemented effective 1 September 2004.