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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(April 12, 2004 131th announced as of May 1, 2004, the people's Government of Shenzhen City) Chapter I General provisions article I-implementation of People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law), specifications, establishment of an administrative license, implement and monitor, I checked, these provisions are formulated.
    Provisions of this article apply to Shenzhen, the implementation of administrative Licensing Executive (hereinafter administrative authorities) and authorized the implementation of administrative licensing law and regulations Organization (hereinafter referred to as authorized organizations).
    This administrative authority requirements applicable to authorized organizations.
    Administrative organs to other administrative bodies or the direct management of the institution's personnel, finance, Foreign Affairs and other matters of internal approval, these rules do not apply.
    Third administrative organs the implementation of administrative licensing shall comply with the provisions of the administrative licensing law, strictly in accordance with the provisions of the relevant laws, rules and regulations, and achieve the implementation of administrative licensing legal, standardized and open.
    Chapter II establishment of an administrative license fourth from the date of implementation of the administrative licensing law, implementation of administrative licensing matters concerning the executive authorities must be laws, administrative regulations or the State Council decision, Guangdong Province and the Shenzhen regulations or administrative rules of Guangdong Province license matters.
    Laws and regulations of the administrative licensing items does not provide licensing requirements, application materials, procedures, deadlines and other implementing regulations, shall be regulated by the municipal government. Fifth article drew attention to the draft regulations considered by the Municipal Government draft of the proposed establishment of an administrative license, should have held a hearing to seek the views of the community.
    Hearing organised by legal institutions. Sixth administrative organs as well as the citizens, legal persons and other organizations, administrative license for the set of laws and regulations on economic matters, according to Shenzhen, the economic and social development, think through the administrative licensing law of the 13th listed ways to solve, you can stop the implementation of the recommendations of the legal bodies.
    Review concluded that the legal body that could be adopted, should put forward opinions reported that the Municipal Government is authorized, upon approval by the legal procedures, in Shenzhen, to stop the implementation of the administrative license.
    Economic Affairs, referred to in the preceding paragraph, refers to the relevant enterprises and other organizations engaged in production and business activities, provision of services and related activities.
    Seventh legal institutions can entrust professional institution of administrative permission set and evaluate the implementation and related observations and recommendations to the municipal government. Chapter III implementation of the administrative licensing authority eighth and the implementation of administrative Licensing administrative organ and tissue, to be published by the municipal government.
    Without the organs and organizations of the City Government announced, not the implementation of administrative licensing. Nineth must in the first instance of an administrative license according to the laws, regulations and rules.
    Not according to the laws, regulations, rules, administrative organs may not for the other administrative organ or other administrative bodies of administrative Licensing application at first instance.
    The tenth administrative organs in accordance with the law and regulations, regulations to entrust other bodies implementing the administrative license, the Attorney for the implementation of administrative licensing shall be signed.
    Power of attorney should contain a delegate and was entrusted with the institution's name, address, contact, delegate specific matters, mandates and responsibilities, etc.
    Power of attorney should be rule of law institutions audited by the municipal government and the Shenzhen Municipal People's Government Gazette (hereinafter referred to as the city Bulletin) and delegate authority, the delegated authority of the information published on the website of the public. Entrusted with the authority to delegate authority on behalf of the hear and determine applications for administrative license and served on the applicant a decision.
    Principal organ entrusted with the conduct of organs the implementation of administrative licensing liability.
    11th administrative Licensing application to the administrative authorities to facilitate the applicant can accept administrative licensing applications on behalf of the signed power of Attorney, entrust other administrative bodies or public management functions of the Organization on whose behalf accept administrative licensing applications.
    Delegate to a power of attorney should contain organs and the organ or organization's name, address, contact, delegate specific matters, mandates and responsibilities, etc.
    Power of attorney should be finalized by the legal bodies and in the Government Gazette and delegate authority, the delegated authorities or organizations of public information published on the website. Commissioned on behalf of the institution or organization should delegate authority to the applicant accept or not to accept a written receipt of the application materials.
    Entrusted with the organ or tissue after receiving the application materials, shall be responsible for application materials are submitted to the Commission for examination of admissibility decision, and served on the applicant a decision.
    Principal organ entrusted with the authority or organization receiving the application materials and served on the Licensing Act liability.
    12th administrative organ entrusted the implementation of administrative licensing or principal on whose behalf after accepting the application, applicants apply directly to the principal organ for administrative license, delegate authorities should still receive and make a decision on the administrative license according to law.
    13th Government in accordance with the principle of simplification, uniformity and efficiency, may, in accordance with a decision of an administrative authority to exercise the Executive power of administrative approval.
    14th administrative organs the implementation of administrative licensing window for accepting applications for administrative license should be established, identifying a uniformly accept administrative licensing applications, unified administrative licensing decision.
    15th administrative organ under inspection, inspection and quarantine to licensing the results of, the administrative organ shall publish statutory inspection, inspection, and quarantine standards and comply with the statutory conditions for the implementation of the inspection, testing, Quarantine list professional and technical organizations and persons concerned. Conclusion of inspection, testing and quarantine error occurs, the executive authorities shall be public information published on the website of the error in this organ and the implementation of the inspection, testing and quarantine of professional and technical organizations and the names of the persons concerned.
    Implementation of the testing, inspection, and quarantine of the professional and technical organizations and persons concerned shall bear legal liability.
    Fourth chapter the implementation of administrative licensing program is the 16th administrative organs shall, in accordance with the administrative licensing law requirements as well as the establishment and implementation of the administrative licensing provisions of the relevant laws, rules and regulations, and on the implementation of each of the elaboration of measures for the implementation of administrative licensing. Administrative license implementation approach including following content: (a) administrative license content; (ii) set administrative license of legal according to; (three) administrative license number and the way; (four) administrative license conditions; (five) application material; (six) application form; (seven) administrative license application accepted organ; (eight) administrative license decided organ; (nine) administrative license program; (ten) administrative license time; (11) administrative license documents and the effective term; (12) administrative license
    Legal effect (13) fees (14) annual audit.
    Legal body responsible for guiding administrative bodies to develop measures for the implementation of administrative licensing rules to guide the Executive to develop a single format for the implementation of administrative licensing approach.
    17th laws, rules and regulations stipulated by the administrative conditions permit and application materials, measures for the implementation of administrative license shall not increase the conditions of administrative licensing and application materials.
    18th Executive proposed implementation measures for administrative licensing review by the legal institutions, to meet the requirements of the administrative licensing law, reported to the municipality for approval in the Government Gazette, the Shenzhen Municipal Government public information Web site (www.sz.gov.CN) and the information published on the website of the public, and the implementation of administrative licensing organ accept administrative licensing applications Office publicity.
    Administrative Licensing application, receive locations, time of inquiries, complaints, applications, specifications, number of copies required original and determined and published by the administrative authority.
    19th administrative organs should be the implementation of administrative licensing is based on the laws, rules and regulations and other normative documents in the Office of public information published in full on the Web site, and allows the public free download.
    20th administrative organs according to the principles of convenience and publishing administrative licensing guides, advise the applicant at the time of application should pay attention to the matter.
    Published 21st administrative organs shall, in accordance with the implementation of administrative licensing measures for the implementation of the administrative license.
    Citizens, legal persons or other organizations that the implementation measures for administrative licensing not inconsistent with laws, regulations, and can contribute to the implementation of administrative licensing authorities or legal institutions reflect, the implementation of administrative licensing authorities or legal institutions considered to reflect the views of established, should be in accordance with the relevant provisions of laws and regulations the implementation of administrative licensing, and according to legal procedures and timely modify the implementation of administrative licensing approach.
    22nd administrative organs shall not be implemented without the development of administrative licensing measures for implementation of the administrative license, the administrative licensing items stipulated in laws, rules and regulations, canceled without legal procedures, applicants to the executive organ for administrative license, the administrative organs shall receive and decide.
    Before the situation, the executive authorities should inform the legal institutions and formulate corresponding measures for the implementation of the provisions.
    Executive to the new set of laws, rules and regulations of administrative licensing items, should be in accordance with the timely formulation of measures for its implementation and promulgation and implementation.
    23rd executive administrative license suspension, should submit a written report in advance, explain why suspended, the Foundation and the period of suspension, after review by the legal bodies approval of the municipal government, and in the Government Gazette, the Shenzhen Municipal Government public information Web site and the information published on the website of the public after the announcement of the suspension, to be suspended. 24th implementation measures for administrative licensing shall require an applicant need to submit all application materials.
    Administrative organ may not require an applicant to submit the administrative Licensing application material not covered in implementing measures. Applicants submit application materials are incomplete or do not comply with the statutory format, could spot correction correction on the spot cannot be corrected on the spot, shall inform the applicant in writing of the Executive require corrections in its entirety.
    Correction applicants in accordance with the written materials, the administrative organs shall accept the application. 25th applicants submit the administrative Licensing application to the Executive, the executive authorities whether or not they receive material or the admissibility of the application and certificate with the administrative organ shall furnish the applicant Special seal and date of receipt in writing.
    Not to receive or accept, you should indicate the reason.
    26th the administrative organ to provide applicants and requires its administrative Licensing application form text, tables, and so on, should be reported to the municipality as a normative document after a legal review, in the Government Gazette and the public information published on the website of the executive authorities.
    27th administrative authorities to grant an administrative license to an application for formatting text, tables, and so on, shall not charge fees and materials fees any fees.
    Administrative organs shall allow the applicant to use copy or from the organs of public information Web site conforms to the specifications of the administrative Licensing application form text, tables, and so on.
    28th laws and regulations do not provide certificates for administrative license terms, the administrative organ shall not limit on validity.
    Laws and administrative regulations do not provide audit, inspection or periodic inspection, review, executive administrative license shall be made to the annual audit, inspection or periodic inspection and review.
    29th executive decision approving an administrative license is made to the information published on the website of the public, the public has the right to check out and download for free public download and check the result required signatures by the executive authorities, the administrative organ shall be confirmed.
    30th term in administrative license of executive authorities a written undertaking is shorter than the statutory period, the administrative organ shall, within the time limit to make decision on the administrative license.
    31st Executive disapproval decision shall issue a stamp the Executive seal and decides to date a written decision and reasons.
    Article 32nd applications for changes of administrative licensing items, the administrative organ shall take a decision in accordance with the procedures for administrative licenses.
    Alteration of administrative licensing to the applicant its decision on the application of the Executive term, as provided by laws and regulations, in accordance with the provisions of laws and regulations; stipulated by laws and regulations do not apply to administrative authorities for the first time the Executive term of the permit application.
    33rd the implementation of administrative licensing authorities should simplify internal workflow, enhance work efficiency.
    Article 34th according to the laws and administrative regulations, the executive authorities the implementation of administrative licensing and supervision and inspection of administrative licensing items shall not charge any fee.
    The fifth chapter 35th administrative organ of supervision and inspection not in accordance with the implementation of administrative licensing, applicants can complain, can also apply for administrative reconsideration or bring an administrative suit.
    36th administrative organs shall establish a complaints system of administrative licensing, specify the specialized agencies responsible for receive and deal with complaints against the acts of the executive authorities the implementation of administrative licensing, and the information published on the website of the public complaints bodies, and telephone. Complaints complaints bodies, should be issued to the complainant accepted a written receipt.
    Administrative authority shall not refuse to accept complaints.
    Complaints body to the admissibility of complaints should be investigated, complaints established by law, the executive authorities should accept administrative licensing applications or make a licensing decision.
    Complaint handling agency shall, within 10 working days after the complaint process views inform the complainant in writing.
    37th legal bodies responsible for supervising the administrative organs to implement the administrative licensing examination to guide implementation of the provisions of the Executive.
    Legal institutions found that administrative bodies do not perform or tampering with the implementation of administrative licensing solutions, and shall instruct the executive authorities to correct, will the executive authorities are not correct and reported to the municipality informed criticism, head of the administrative organs of those administrative legal responsibility, and announced that the executive authorities change the implementation measures for administrative licensing of content without permission is not valid.
    38th municipal administrative departments (hereinafter Inspectorate) administrative authority to monitor the implementation of the administrative license according to law.
    Municipal Department of supervision should be specified agencies to accept citizens, legal persons or other organizations for illegal administrative organs and their staff in the implementation of administrative licensing actions complaints and prosecution, and in the information published on the website of the public complaints and prosecution agencies, and telephone. City Watchdog complaints or reports should be issued to the complainant accepted a written receipt.
    City Inspection Department may refuse to accept complaints or reported.
    39th municipal inspection door to accept complaints or prosecution shall investigate and deal with, complaints or report established by law, shall instruct the relevant administrative authorities dealt with according to law, Administration refuses to deal with, the city watchdog should be investigated for the Executive Head of the administrative legal liability.
    Municipal Department of supervision shall, within 10 working days from the date of acceptance will notify the complainant or informant. 40th administrative organs shall report each year to the city in the first quarter of this year on the implementation of administrative licensing situation, including the implementation of administrative licensing matters concerning the availability, licensing, application results, applicant complaints or applying for administrative reconsideration, administrative litigation and its results, and so on.
    The report to the organs of public information published on the website.
    Legal body responsible for the implementation of the administrative license of executive authority annual report analysis, research on the subject and put forward opinions and suggestions to strengthen the supervision and guidance of the administrative authorities the implementation of administrative licensing.
    41st Executive should be strictly in accordance with his obligations under the administrative license law activities of the matters of administrative license for licensee's responsibility to check.
    Administrative organs shall publish received reporting law engaged in the activities of the administrative licensing items institution, location, and telephone. Sixth chapter schedule 42nd article administrative organ existing implementation of administrative license matters, according to administrative license method of provides cleanup Hou by following three species situation processing: (a) on meet administrative license method provides and has retained necessary of, according to this provides developed implementation approach and announced implementation; (ii) on not meet administrative license method provides or according to administrative license method of provides can not implemented administrative license of, be canceled; (three) on not belongs to administrative license method adjustment of, as non-administrative license of other approval,
    In accordance with the relevant provisions of regulation and enforcement.
    43rd, 42nd in accordance with this paragraph (b) repeal of administrative licensing matters concerning, respectively, shall be processed as follows: (a) ownership by citizens, legal persons or other organizations to engage in that activity, (ii) transfer of trade associations, professional bodies or management in other ways, (iii) by administrative organs in accordance with the General works functions ex post supervision and management.
    44th results of administrative licensing matters, form of a Government Decree to be published by the municipal government.
    Legal bodies responsible for administrative licensing items daily cleaning work.
                                            45th article of the regulations come into force on May 1, 2004.

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