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Shenzhen Several Provisions The Implementation Of Administrative Licensing

Original Language Title: 深圳市实施行政许可若干规定

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(Act No. 131 of the People's Government Order No. 131 of 12 April 2004, effective 1 May 2004)

Chapter I General
Article 1 regulates the establishment, implementation and supervision of administrative licences in my city, in accordance with the National People's Republic of China's administrative licence law (hereinafter referred to as the administrative licence law).
Article 2. This provision applies to the administrative authorities that implement administrative licences in the city of Shenzhen (hereinafter referred to as the executive body) and to the legal, regulatory organizations that authorize administrative licences (hereinafter referred to as the authorized organization).
The provisions of this provision apply to authorized organizations.
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 3. The executive authority shall apply administrative licences in accordance with the provisions of the administrative licence law, in strict compliance with the relevant laws, regulations and regulations, in order to achieve the statutory, normative and publicization of administrative licences.
Chapter II
Article IV, from the date of implementation of the administrative licence law, the administrative licence of the executive body must be determined by law, administrative legislation or by the State of State, the regulations of the extended province and the Shenzhen municipality or the administrative licence granted by the Government of the wider province.
The administrative licence matters established by law, regulations do not provide for the conditions of licence, the application of materials, procedures, time limits, etc. and are provided by the municipal authorities.
The draft legislation to be submitted for consideration by the municipal authorities is intended to create administrative licences, which should be consulted in advance. The hearings were organized by the municipal authorities of the rule of law.
Article 6. The executive organs, as well as citizens, legal persons and other organizations, have granted administrative licences for economic matters established by the statute and, in accordance with the economic and social development of the Shenzhen municipality, considered that the implementation of recommendations could be addressed through the manner set out in Article 13 of the administrative licence law. After a review by the municipal rule of law body, it was considered possible to adopt a report on the approval of the municipal government and, with the approval of the statutory procedure, to cease the application of the administrative licence in the city of Shenzhen.
The economic affairs referred to in the preceding paragraph refer to the activities of enterprises, other organizations involved in production operations, services and related activities.
Article 7. The municipal rule of law institutions may entrust professional institutions with an evaluation of the establishment and implementation of administrative licences and make relevant observations and recommendations to the municipalities.
Chapter III Execution of administrative licences
Article 8. The executive organs and organizations entitled to apply administrative licences are made public by the municipality. There shall be no administrative licence without the authorities and organizations published by the municipality.
The first instance of administrative licences must have legal, regulatory and regulatory grounds. There is no legal, regulatory and regulatory basis, and the executive branch shall not conduct the first instance of administrative licence requests for other administrative organs or other administrative organs.
Article 10. The executive body shall authorize other organs to carry out administrative licences in accordance with the law, regulations and regulations, and shall sign the Implementation of an administrative licence letter.
The letter of commission shall 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 published on the public information website of the authorities and the entrusted bodies, in accordance with the municipal rule of law and in the Communiqué of the People's Government of the Shenzhen (hereinafter referred to as the Communiqué of the municipality).
The competent organ shall receive and decide, in the name of the commissioning authority, the application for administrative licences and transmit the licence to the applicant. The commissioning authority assumes legal responsibility for the commission of administrative licences by the competent organ.
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 letter of commission shall contain the names, addresses, contact modalities of the organs entrusted and the organs or organizations entrusted, the specific matters entrusted, the duration of the commission and the legal responsibility.
The book shall be published by the municipal authorities' rule of law institutions and on the public information website of the municipal government bulletins and the organs entrusted, the competent organ or organization.
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 by the competent organ or organization of the request, the applicant shall be responsible for the submission of the admissible application material to the competent organ for the review of the decision and for the transfer of the applicant's 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. When the administrative authority entrusts the application of administrative licences or entrusts the applicant directly to the competent organ for the application of administrative licences, the institution shall still receive and make an administrative licence decision in accordance with the law.
In accordance with the principles of simplification, harmonization and effectiveness, the municipality may, in accordance with the law, decide on the exercise by an administrative authority of the relevant administrative authority.
Article 14. The executive authority shall establish a window for the processing of administrative licence requests to determine whether an institution is bound by the application for administrative licence and to harmonize it with the administrative licence decision.
Article 15. The executive body shall make an administrative licence decision based on the results of testing, testing and quarantine, and the executive body shall publish the statutory test, testing, quarantine standards and lists of professional organizations and associated personnel subject to statutory conditions for the implementation of the testing, testing, quarantine technology.
Tests, testing, quarantine findings have been wrong and the executive body should publish the wrongs on the public information website of this body and implement the lists of professional technical organizations and associated personnel for testing, testing, quarantine. The professional technical organizations and associated personnel implementing the test, detection, quarantine are legally responsible.
Chapter IV Implementation procedures for administrative licences
Article 16 shall develop implementation options for each administrative licence to which it is implemented, in accordance with the requirements of the administrative licence law and the provisions relating to the creation and implementation of administrative licences.
The application of administrative licences includes the following:
(i) Administrative licence content;
(ii) To create the legal basis for administrative licences;
(iii) Number and manner of administrative licences;
(iv) Administrative licence conditions;
(v) Applications for material;
(vi) The application form;
(vii) The application of administrative licences for the receiving authority;
(viii) The administrative licence decision authority;
(ix) Administrative licence procedures;
(x) Administrative licence time frame;
(xi) Administrative licences and effective deadlines;
(xii) Legal effect of administrative licences;
(xiii) fees;
(xiv) Annual review.
The municipal rule of law institutions are responsible for the development of rules that guide the administration in the formulation of the administrative licence application scheme, which guides the administration in the development of administrative licences in the unified format.
Article 17, Law, regulations and regulations stipulate the conditions for administrative licences and requests for material, and the administrative licence application shall not increase administrative licence conditions and requests.
The administrative licence implementation scheme developed by the executive branch is reviewed by the municipal authorities' rule of law bodies, and is in compliance with the provisions of the administrative licence law, post-administered public information website (www.sz.gov.cn) and the public information website of the executive branch, while at the same time public information site where the administrative licensor receives administrative licence requests.
The administrative licence application, the counselling, the location of the complaint, the time, the number, specifications, whether the original requirement is determined and published by the executive branch.
Article 19 shall be published by the executive organs in accordance with the laws, regulations, regulations and other normative documents governing the application of the administrative licence basis in the full text of the public information website of the organ and allow free download by the public.
Article 20, in accordance with the principle of the public, may form a guide for administrative licences to inform the applicant of matters to be taken into account when applying.
Article 21 shall apply administrative licences in accordance with the public administrative licence application scheme.
Citizens, legal persons or other organizations believe that the administrative licence application is not in accordance with legal, legislative and regulatory provisions and can be reflected in the executive licensing authority or the municipal rule of law body, the opinion reflected in the opinion of the executive licensor or the municipal rule of law body shall be established in accordance with the relevant legal, legislative and regulatory provisions and, in a timely manner, the administrative licence implementation approach.
The administrative authority shall not apply administrative licences that do not establish an administrative licence application, but administrative licence matters under laws, regulations and regulations shall be admissible and decided upon by the administrative organ when the applicant requests the administrative authority.
In the event of the former paragraph, the executive branch shall communicate in a timely manner to the municipal rule of law institutions and establish the corresponding means of implementation in accordance with this provision.
The administrative authority shall prepare and publish the application in a timely manner, in accordance with the provisions of this provision, the administrative licence matters established by law, regulations, regulations and regulations.
Article 23. The administrative authority shall suspend the execution of administrative licences and shall submit in advance written reports on the reasons for the suspension, the basis, the duration of the period of suspension and, subject to review by the municipality's rule of law institutions, the approval of the municipality and the publication of the moratorium on the implementation of the public information website of the Government of Shenzhen and the public information website of this organ may be suspended.
Article 24 shall provide for the full application material to be submitted by the applicant. The executive branch shall not require the applicant to submit the requested material not provided for in the administrative licence application.
The applicant's submissions are incomplete or incompatible with the statutory form and are able to add the floor to the current place, and the executive body should inform the applicant in writing of the full contents of the process. The applicant shall receive the application after written notification of the material.
Article 25. The applicant shall submit an administrative licence request to the executive branch, and the administrative authority shall, irrespective of whether or not to receive the material or receive the application, give the applicant a copy of the record and the written return of the date indicated. The reasons should be given for not receiving or receiving.
Article 26 provides the applicant with the text, form, etc. of the administrative licence application form, which is required to be used by the executive branch, and shall be published as a normative document for the uniform review of the municipal rule of law institutions.
Article 27 provides the applicant with the text, form, etc. of the application for administrative licence, without charge of any expenses such as work expenses, information fees.
The executive body shall permit the applicant to use the copy of the applicable administrative licence application, form, etc., which is consistent with the specifications of photocopy or downloads from the public information website of the organ.
Article 28 does not provide for an effective period of time for administrative licences, and the executive branch shall not provide for an effective period of time.
The law, administrative regulations do not provide for annual trials, annual inspections or periodic inspections, review, and administrative authorities shall not conduct annual trials, annual inspections or periodic inspections, reviews of the administrative licence granted.
The decision taken by the executive branch to grant administrative permission shall be made available on the public information website of the organ and the public has the right to free access and download, and the public's access to download requires that the executive body be confirmed by chapter G.
Article 33 Time limits for the processing of administrative licences, which are committed in writing by the executive organs, are short of the statutory period, and the executive organs shall take administrative licence decisions within the commitment period.
Article 31 of the decision of the executive branch to grant a licence shall give the reasons for the written decision to be taken by the executive branch of Géguin and the date of the decision.
Article 32 requires the applicant to apply for changes in administrative licence matters, and the executive branch shall decide in accordance with the procedures for administrative licences.
The time period for the executive branch to decide on the applicant's application for a change in administrative licence is provided for by 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 XIII should simplify internal work processes and increase efficiency.
Article 34 does not have the basis for law, administrative regulations, administrative authorization by the executive branch and supervision of administrative licence matters shall not be charged against any cost.
Oversight inspection
Article XV does not carry out administrative licences by law, and the applicant may lodge a complaint or may apply to administrative review or administrative proceedings in accordance with the law.
Article 36 should establish an administrative licence complaints regime, designate specialized agencies responsible for receiving and dealing with complaints of administrative licences against this administrative organ, and make public information websites available to the public information site of the body and telephones for complaints.
The complaint is admissible by the complaints body and the written return of the complainant is to be made. The executive branch shall not reject the complaint.
Complaints made by the author of the complaint shall be investigated and the complaint is established by law and the executive body shall receive an administrative licence application or a decision to grant it.
The complaint is to be communicated in writing to the complainant within 10 working days of the receipt of the complaint.
Article 337 governs the supervision of administrative authorizations by the municipal rule of law institutions, which guide the executive branch in implementing this provision.
The municipality's rule of law bodies have found that administrative authorities are not implementing or competent to modify the application of administrative licences, and administrative organs should be tasked with correcting, administrative organs are not correct, and the municipalities are advised to hold administrative legal responsibilities for the executive heads and declare that the executive body has failed to modify the administrative licence application.
Article 338, Administrative Inspectorate of the Municipal Government (hereinafter referred to as the municipal inspectorate), is governed by the law by the administrative authority.
The municipal inspectorate shall designate a body to receive complaints and prosecution of acts committed by citizens, legal persons or other organizations against administrative authorities and their staff in violation of administrative permits, and to make public information available on the public information website of this organ on institutions and telephones for complaints and prosecutions.
The municipal inspectorate shall receive a complaint or a complaint and shall give the complainant a written return. The municipal inspectorate shall not reject complaints or prosecution.
Article 39 Complaints or prosecutions by the municipal inspectorate should be investigated, complaints or prosecutions established by law, and the relevant administrative organs should be mandated to deal with the law and the administrative law of the executive branch should be held in accordance with the law.
The municipal inspector shall notify the complainant or the prosecution in writing within 10 working days of the date of receipt.
Article 40 shall report to the municipality in the first quarter of each year on the implementation of administrative licences by this body, including administrative licence matters, application of licences, results of the licence, 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.
The municipal rule of law institutions are responsible for conducting an analysis of the annual report of the executive branch on the application of administrative licences, conducting research and making observations and proposals to strengthen the oversight and guidance of administrative authorities in the implementation of administrative licences.
Article 40. The executive body shall strictly perform the responsibility to monitor the activities of the licensee in administrative licence matters, in accordance with the provisions of the administrative licence law.
The executive body shall publish bodies, locations and telephones that receive reports of activities that are in contravention of administrative licence.
Annex VI
Article 42
(i) To establish and make publicize the application in accordance with the provisions of the administrative licence law and with the necessary reservations;
(ii) Removal of administrative licences that are not in accordance with administrative licence provisions or under administrative licence laws;
(iii) To regulate and implement the provisions in the light of the relevant provisions as other authorizations for non-administrative licences.
Article 43 deals, in accordance with article 42, paragraph (ii) of this provision, with administrative licence matters that are cancelled under article 42, respectively:
(i) An autonomous decision by citizens, legal persons or other organizations to engage in the event;
(ii) Transfer of industry associations, specialized agencies or other means of management;
(iii) The administration of ex post facto oversight by the executive branch in accordance with the general function of work.
Article 44 clean-up of administrative licence matters is made public by the municipality in the form of government orders.
The municipal rule of law body is responsible for the day-to-day clearance of administrative licence matters.
Article 42