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Zhejiang Province Administrative Procedures Approach

Original Language Title: 浙江省行政程序办法

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  Directory first chapter General second chapter administrative organ, and party and other participate in people first section administrative organ second section party and other participate in people third chapter Government regulations, and administrative normative file developed and major administrative decision program first section Government regulations second section administrative normative file third section major administrative decision fourth chapter General administrative law enforcement program first section General provides second section program of started third section survey and evidence fourth section decided and implementation fifth section term and served sixth section effectiveness fifth chapter special administrative law enforcement program

The sixth chapter oversight and accountability for the seventh chapter by-laws chapter I General provisions article standards, safeguard and supervision of administrative bodies in the exercise of administrative powers, and protect the legitimate rights and interests of citizens, legal persons and other organizations, to improve administrative efficiency, promote administration according to law, and building government governed by law, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Article II Executive administrative acts of the province, these measures shall apply.

Laws, regulations, administrative provisions of implementing procedures for the administrative act, from its provisions.

Provincial regulations, district of municipal regulations on implementation of administrative organs in accordance with the procedures of administrative acts in this way, from its provisions.

Article III of the administrative organ shall comply with the statutory procedures, may the procedure derogating from citizens, legal persons and other organizations the rights or increasing the obligations.

Fourth administrative organs should be fair implementation of the administrative act, the fair treatment of citizens, legal persons and other organizations.

Implementation of administrative actions taken by the executive authorities should be necessary, appropriate and commensurate with the administrative purposes.

Fifth acts of administrative authorities shall disclose the administrative basis, procedures and results.

Executive administrative enforcement action possible to citizens, legal persons and other organizations ' rights are adversely affected, shall inform and hear their statements and to defend themselves.

Sixth administrative organ shall protect citizens, legal persons and other organizations the right to know, to participate, to express and to supervise, and to provide the necessary conditions and adopt its reasonable comments and suggestions.

Seventh administrative organs should enhance administrative efficiency, for the citizens, legal persons and other organizations to provide convenient and efficient, high quality public services.

Eighth administrative organ shall be honest and trustworthy; non-statutory subject matter and through legal procedure, it may not revoke, withdraw, change of the entry into force of the administrative act.

Administration cancellation, withdrawal, change of the entry into force of the administrative act, resulting in loss or damage the legitimate interests of citizens, legal persons and other organizations, shall be compensated or compensation.

Chapter II the executive authorities, the parties and other participants in the first section the Nineth executive bodies in accordance with the terms of laws, rules and regulations, as well as set by the people's Governments above the county level in accordance with normative documents determining.

The people's Government above the county level shall, in accordance with the law, regulations and rules of the Department work the reasonable definition and classification of terms of reference and make an announcement list to list of powers, responsibilities and other forms.

Province people's Government in accordance with the laws, regulations and rules as well as the provisions of the present article tenth, in favour of improving administrative efficiency, stick to unity, law enforcement focus and powers down the principles of rational division between superior and subordinate the executive powers.

Tenth provincial jurisdiction the following administrative matters: (a) the laws, rules and regulations, as well as State and provincial administrative normative documents provided exclusively by the jurisdiction of the provincial administrative authorities, (ii) has a significant impact in the administrative regions of the province, and (iii) involving two or more districts of the city, is necessary from the provincial jurisdiction of the Executive.

Citizens, legal persons and other organizations, production and administrative matters directly related to life, generally by the city divided into districts, counties (cities and districts) with the appropriate executive authority of the administrative organ or the jurisdiction of the Township people's Governments and neighborhood offices. 11th where two or more administrative organs have the same administrative matters of the terms of reference of the dispute, shall take the initiative to resolve through consultation and submitted to the level people's Government for decision; do not belong to the people's Governments at the corresponding level of decision and submit them to the common higher administrative agency decisions.

Laws, rules and regulations of administrative authorities otherwise provided in the terms of reference of the dispute from its provisions.

12th administrative organs shall, in accordance with provisions of national, provincial conditions and program settings set up agencies, branches and agencies affiliated with, name of organization, staffing and so on should be corresponding to its assumed authority. The executive organs and the agencies to the implementation of administrative acts on behalf of the Executive, bear the corresponding legal responsibility by the Executive administrative organs directly under the implementation of administrative acts in their own name, bear the corresponding legal responsibility.

However, except as otherwise provided by laws, rules and regulations. 13th the administrative organ may, in accordance with the provisions of laws, regulations and rules, under its statutory authority related to entrusted in organizing the implementation of administrative acts.

Administrative license, the administrative punishments, administrative enforcement law expressly set forth the Executive and delegates the implementation of administrative acts, from its provisions. Delegated organizations should honour the terms of the corresponding administrative authority.

Executive authorities may not authorize individuals or organizations not competent to perform the corresponding administrative authority of the conditions the implementation of administrative acts. Entrusted with the Organization in the context of delegated authority, and to delegate the implementation of administrative acts on behalf of the Executive, commissioned by the executive authorities bear the corresponding legal responsibility.

Authorized organization may not delegate administrative powers and functions entrusted to other organizations and individuals.

14th joint meeting of the administrative organ can be established between the system, set up a special working group, building a platform for information sharing, regional or sectoral cooperation agreements and other mechanisms and means of administrative cooperation. Establish coordination mechanisms between the Department and should clear the lead department, Department, job responsibilities, work rules and other matters.

Departments through consultation of the joint issues with the lead sector departments, the reasons and basis set out and comment, reported that the people's Governments at the corresponding level decisions.

The people's Governments above the county level shall strengthen administrative collaboration between administrative authorities belonging to the Organization and coordination. Section II of the parties and other participants in 15th parties, interested parties can participate in the administrative procedure may also be lawfully entrusted as an agent 1-2 people to participate in the administrative procedure.

However, the laws, regulations and rules provide the parties concerned shall take part in the administrative procedure, the Parties shall attend. Parties and interested persons to entrust others to participate in the administrative procedure shall be submitted to the administrative authority by power of Attorney of the client signature or seal, as well as the client and the client's identity.

Power of attorney shall set forth the matters entrusted, permissions, and deadlines.

Article 16th with an administrative action involving a large number of parties and a joint request, parties may select 1 to 5 representatives to participate in the administrative procedure not elected representatives, the Executive could negotiate with the parties, determined person.

Representative participate in the Administrative Procedure Act come into effect to the representatives of the parties, unless the parties expressly does not represent the matter in advance.

17th citizen dying or dead, or merger, Division, termination of the legal persons, other organizations, their participation in the administrative procedure needs to continue that succeeds to its rights and obligations of citizens, legal persons and other organizations can continue to participate in the administrative procedure.

Continued to participate in the administrative procedure in accordance with the preceding paragraph, shall be carried out by the authorized administrative procedure's effectiveness. 18th party and the other participants shall comply with the statutory procedures and coordinates the administrative organs to perform their duties.

To prevent administrative agencies shall fulfill their duties such as investigation, inspection, administrative enforcement, activities contravening public security management, be dealt with by the public security organs in accordance with the case constitutes a crime, criminal responsibility shall be investigated according to law.

Government regulations, chapter III administrative normative documents and major administrative decision-making procedures in section Government Regulation 19th provincial and district municipal people's Government in accordance with the statutory authority to develop regulations. 20th provincial and district plan of municipal legislation should be organized every year.

Specific preparation of the legislative programme by provinces, districts and municipal legislative affairs agency.

Relevant departments and units declared the legislative scheme of a class project, should be assessed in accordance with the provisions of legislation, and before submitting the legislative assessment.

Assessment report shall set forth the basic legislation to regulate the administration of matters described, description to this necessity, feasibility and legality and rationality of the measures to be taken to demonstrate, and legislative basis and reference material in the Appendix.

21st draft regulation by the relevant government departments or institutions specifically responsible for the drafting of the legal system of the Government, important draft regulations could be drafted by the Government legal organization.

Draft regulations for highly specialized, can absorb the participation of relevant experts in the field of drafting, or commissioned expert, teaching and research unit, community organizations, such as the drafting.

Provinces, districts and municipal legislative affairs agency shall strengthen the Organization of the draft regulations coordinate and supervise the guidance. 22nd draft regulations on drafting, reviewing, should listen to the relevant organs, organizations, deputies and the public opinions and suggestions.

Hearings can take many forms such as seminars, feasibility study meeting, hearing.

The draft regulations should be announced to the public and ask for advice, but will not be made public except in accordance with law.

Article 23rd Executive meeting of the regulations shall be approved by the people's Governments at the corresponding level, or the whole meeting.

Regulations upon signing and promulgation, shall be at the same level people's Governments in time bulletins and Government Web portal, the Zhejiang government service network, and published in newspapers issued within their respective administrative areas.

Section II administrative normative documents article 24th may, within its terms of reference of the Executive administrative normative documents: (a) the people's Governments at all levels, (ii) Department works the people's Governments above the county level and below the provincial level the vertical management departments; (c) the agencies of the people's Governments above the county level established by law.

Laws, regulations and rules authorized to administer public affairs organizations within the statutory mandate to develop normative documents.

Does not have the administrative functions of the Agency shall not make an administrative normative documents.

25th people's Governments above the county level to the level of people's Governments and their departments to develop unified administrative normative document registration, uniform number, uniform publication.
Drew attention to the relevant provincial departments to provincial administrative normative documents issued by or on behalf of the Office of the provincial, to the provincial Office of the Declaration shall be in accordance with the provisions.

26th drafting units should be on developing normative documents of the necessity, feasibility, validity content such as full investigation proved addition shall be kept confidential by law or for the protection of public security and social stability as well as the implementation of a higher authority emergency command requires an immediate decision in the case, shall, in accordance with the provisions for public comment during the drafting process.

27th draft normative documents should be reviewed by the legal legitimacy of the enacting body, without legal review, shall not be submitted for deliberation.

28th decided collectively, as well as signing and promulgation of administrative normative documents, in accordance with the relevant provisions of the State and province.

Administrative normative documents the right to explain the administrative normative documents.

Major administrative decisions section III article 29th Executive major administrative decisions should be guided by law decision, the principle of scientific policy-making, decision-making, and implementation of legal procedures, improve the quality and efficiency of decision-making.

30th article except law should confidential or to guarantees public security, and social stable and implementation superior organ of emergency command need immediately made decided of case outside, administrative organ made major administrative decision should according to province provides requirements, for decision matters of about problem, according to specific situation organization carried out public participation, and experts argument or risk assessment; decision programme should by administrative organ of legal institutions legitimacy review, and by administrative organ head collective discussion decided.

After 31st Executive major administrative decisions shall be issued pursuant to the provisions of official documents belonging to final decisions, in addition to not open to the outside, shall be made public.

Fourth chapter of the General administrative procedure section I General provisions article 32nd Chief of law enforcement organs should actively perform their statutory duties, improve the efficiency of administrative enforcement, investigating violations in a timely manner, ensures that the law enforcement authority and credibility.

The people's Governments above the county level shall strengthen the administrative management, establish and improve the major administrative law enforcement organization and coordination mechanisms, and strengthen supervision.

33rd people's Governments above the county level shall, in accordance with the provisions of administrative law enforcement responsibility, confirmed the administration according to law in the administrative law enforcement entity of the executive authorities, and announced to the public.

34th provincial people's Government, according to administrative punishments, administrative license law and authorized or approved by the State Council, decisions of an administrative body to exercise the relevant administrative bodies of administrative punishments, administrative licensing and other administrative functions.

Districts of city and County (city, district) people's Governments should strengthen the administrative enforcement system, promoting law enforcement.

35th in integrated water management, illegal construction of disposal of comprehensive administrative enforcement activities, as well as other economic and social development situation, involving a wide range of major administrative law enforcement activities, and other relevant administrative organs of the people's Government at or above the county level to organize joint law enforcement. Organization of joint law enforcement, shall clarify responsibilities of the parties involved and the work requirement.

Administrative bodies should be actively involved in the joint law enforcement cooperation, enhance information sharing and effective duty according to law.

36th article joint law enforcement in the of administrative law enforcement decided according to following provides made: (a) different administrative law enforcement system Zhijian of joint law enforcement, by participate in joint law enforcement of administrative organ in their of terms range within law respectively made; (ii) same administrative law enforcement system within of joint law enforcement, can above level administrative organ of name law made, also can in their of terms range within law respectively made.

37th matters of administrative law enforcement needs more than two government departments to take care of, the people's Governments above the county level may establish a Department for accepting applications, organizations implementing joint or processed in parallel.

Citizens, legal persons and other organizations, directly related to the administrative licensing, public services and other matters, suitable for decentralized administration, the people's Governments above the county level may organize the implementation of decentralized administration.

Article 38th executive authorities should strengthen the construction and application of e-Government, administrative law enforcement online operation, optimization procedures to facilitate the citizens, legal persons and other organizations through a network of Zhejiang service (e) handling administrative matters such as licensing, public services.

Zhejiang chief administrative organ shall make full use of service network (e) to promote information sharing and law enforcement cooperation, improve the level of administrative law enforcement supervision. 39th Executive authority alone to achieve administrative law enforcement purposes, or necessary for the administrative enforcement of documents, materials and information, it is difficult to collect on their own, or need to be issued by the relevant administrative authority finds comments and advice, may request relevant administrative organs to assist them.

Belonging to the assist in matters within the competence of the executive authorities, the administrative organ shall provide assistance, timely, and may not refuse or prevarication.

Dispute arises due to administrative assistance, the requesting authority and assisting the authorities of this level people's Government for decision; do not belong to the people's Governments at the corresponding level of decision, decided by the higher administrative authorities together.

40th administrative law enforcement personnel shall, in accordance with the relevant provisions of administrative law enforcement qualification examinations, administrative law-enforcement documents. Administrative support staff in administrative bodies and administrative law enforcement personnel under the command and supervision, can cooperate in education, information, receive or accept the application, participate in surveys, to discourage illegal activity, serve documents, logistical support, and so on.

Administrative organs shall organize and conduct on-the-job training for administrative support staff, so that it has the necessary legal knowledge, expertise and ability of administration by law, and to strengthen day-to-day management and assessment.

41st parties that administrative acts of administrative enforcement of law enforcement officers and the interest or other relationship may affect the impartiality of the exercise of administrative authority has the right to apply for administrative law enforcement officials shy away from.

Administrative law enforcement personnel and the implementation of administrative law enforcement has an interest or any other relationship, should be offered to withdraw; not withdrawal, the administrative organ shall order the withdrawal. 42nd the Parties shall prior to the investigation of oral or written request for withdrawal.

Administrative authorities shall, from the date of receipt of the application for withdrawal within 3rd withdrawal decision, and shall inform the Parties decided not to shy away from, it shall explain the reasons.

Withdrawal of the administrative law enforcement personnel, by the head of the executive authorities decided; avoidance by the Executive Heads of the Executive Bureau decided collectively or to the upper-level administrative authority decision. Avoidance of administrative law enforcement officials before making a decision, administrative law enforcement personnel shall continue to perform their duties.

Was decided to avoid administrative law enforcement officers in the avoidance of effectiveness of law enforcement activities carried out before the decision was made, by decision of the administrative authority decision according to the actual situation. 43rd administrative organs shall establish and improve the system of administrative law enforcement discretion standard, detailed, quantitative ranges, types and range of discretion.

Administrative enforcement of discretionary basis should be announced to the public.

Administrative bodies carrying out administrative enforcement action should follow the administrative law enforcement discretion standard, but discretionary basis will lead to an obvious inappropriateness of executive action, the administrative organ may not laws, regulations and policies on conflict situations, adapting the discretionary basis, but must be approved by the heads of administrative organs decided collectively, and fully justified.

44th administrative organs shall establish internal management system of administrative law enforcement, handling administrative matters, clearly review and approval responsibilities and specific operating procedures.

Administrative body before making any major decision of the administrative law enforcement, should be examined by the legal system.

Article 45th administrative organ shall by administrative law-enforcement instruments, photographs, video, audio, monitors, and other forms, started for administrative law enforcement, investigation, review, record decisions, delivery and implementation of the entire process, and the filing, archiving and records management.

Section II program starting 46th administrative enforcement by administrative organs according to the terms of reference of the start or by citizens, legal persons and other organizations, to the administrative authority for the launch. 47th a citizen, legal person or any other organization to the administrative organ for administrative license, administrative confirmations, executive pay, administrative adjudication of such applications shall be made in writing (including letters, forms of electronic data interchange), there is difficulty in writing can be used orally and recorded on the spot by the executive authorities, applicants to check or read to the applicant, and confirmed by the applicant.

Citizens, legal persons and other organizations responsible for the truthfulness of their application materials.

The administrative organ shall be relevant to the application of the items, quantity, basis, conditions, procedures and time limit, and styles needed to submit a list of all materials and applications, such as office space, the organ or the people's Governments at the corresponding level of publicity on the portal site.

48th administrative organs receive the applications of the citizens, legal persons and other organizations shall be registered and spot or made under different circumstances in the 3rd of the following, except as otherwise provided by laws, rules and regulations: (a) the application does not belong to the terms of reference of the executive authorities, should be inadmissible and shall state the reasons. (B) the application documents are incomplete or do not comply with the statutory format shall at once inform the applicant in writing within a reasonable period need to supplement or correct the content.

Citizens, legal persons and other organizations as required, correction or corrections should be admissible; without a legitimate reason not to supplement or correct, and fails to rectify or correct, deemed withdrawal of application for correction or corrections still does not meet the requirements of the inadmissible and to state the reason in writing.

(C) the application belongs to the administrative body terms of reference, application materials are complete and comply with the statutory format, shall be admissible.

Administrative agency decisions to accept or not to accept, shall issue a written certificate stamped with the seal of the Executive, except where application rates throughout.

49th administrative organs in accordance with section III surveys and evidence requires verification of citizens, legal persons and other organizations to apply for, or to citizens, legal persons and other organizations to implement administrative punishments, administrative enforcement and other administrative enforcement action required by law to establish the facts, must be legal, comprehensive, objective and timely investigations. 50th article administrative organ law carried out survey, can according to need take following measures: (a) oral or written notification about citizens, and corporate and other organization on survey matters made explained and description; (ii) requirements citizens, and corporate and other organization provides and survey matters about of file, and information, and for copy; (three) on about citizens, and corporate and other organization of work places, and business places, for site check, and inspection; (four) itself or delegate statutory identification, and test institutions on about facts for identification, and
Testing; (e) other measures stipulated by laws, rules and regulations.

Administrative authorities shall carry out surveys, citizens, legal persons and other organizations shall cooperate and assist. 51st when administrative organs conduct investigations shall be assigned 2 or more staff, and at least 1 of whom is the Chief law enforcement officer.

Administrative penalties and administrative enforcement of laws and regulations clearly must be 2 or more administrative law enforcement personnel from its provisions.

Investigation and administrative law enforcement personnel shall produce to the person under investigation papers or documents; don't show me your papers or documents of administrative enforcement, respondents have the right to refuse to investigate. Administrative organ shall make a written record of the investigation, verified by the person under investigation after signed by the investigator and the person under investigation.

Respondents refused to sign, investigators should be indicated in the written record and signed.

52nd Executive against the parties before the decision of the administrative law enforcement, shall inform the parties in writing proposed decisions of administrative enforcement facts and reasons, according to the decision, and content, as well as their enjoyment of the right to be heard, right to be heard. The Parties shall from the date of receipt of the notification within 3rd statements, representations, otherwise provided by the laws and regulations on the proposed terms, from its provisions.

Administrative organs shall before the expiry of the term on the parties without representation, plead verification. Should fully hear the statements of the parties and the executive authorities to plead, on its facts, reason and evidence shall be documented, reviewed and classified files. Establishment of the facts and reasons or evidence submitted by the parties, the executive authorities should be adopted.

However, the parties waive in writing statements, representations or late except.

Administrative licensing and other laws and regulations specify administrative enforcement decisions made shall inform the interested party and listen to their views before, from its provisions.

53rd executive administrative enforcement decisions, laws, rules and regulations shall take the initiative to organize a hearing, the hearing shall be organized; does not specify the initiative to organize a hearing, but the Executive sees the need to organize hearings, to organize hearings.

Laws, regulations and rules provide Parties, interested parties enjoy hearing rights, administrative organ shall inform their hearing rights parties, interested in hearing an application made within the prescribed period, the administrative agency shall organize the hearing.

54th Executive type administrative enforcement decisions are made on the basis of evidence including: the parties ' statements and documentary evidence, material evidence and audio-visual material, electronic data, witness testimony, expert opinion, transcripts, field notes and other evidence provided by laws and regulations.

55th administrative organs shall take lawful means in accordance with the statutory procedures for collecting evidence.

Evidence should be verified, as the basis for ascertaining the facts.

Executive material evidence and documentary evidence collected in the course of administrative law enforcement, audio-visual materials, electronic data, and it is difficult to regain the investigative records and other evidence, other administrative bodies with legal review, it can be used as evidence in administrative enforcement decisions are made on the basis of.

56th article following evidence material shall not as administrative law enforcement decided of according to: (a) violation statutory program collection, may serious effect law enforcement just of; (ii) related personnel not recognized and no other evidence confirmed of evidence of copy pieces or copies; (three) cannot identified authenticity of; (four) cannot right expression mean of witnesses provides of testimony; (five) in People's Republic of China field yiwai formed of not handle statutory proved procedures of; (six) not has legitimacy, and authenticity and associated sex of other evidence material.

Fourth quarter decisions and perform the 57th executive administrative enforcement decisions should be made in writing, except as otherwise provided by laws, rules and regulations.

Administrative law enforcement decided General contains Ming following matters: (a) party of basic situation; (ii) made decided of facts, and according to, and reason and perform program of situation; (three) decided content; (four) perform way and term; (five) relief way and term; (six) administrative organ name, and seal and decided date; (seven) should contains ming of other matters.

Article 58th administrative enforcement decisions made in a written form, take effect from the date of personal service law orally or in any other form of administrative enforcement decisions made, the party should have known the moment of entry into force.

Administrative enforcement decisions have conditions or time limit and shall set forth the conditions for the entry into force or duration. 59th on the facts are clear and can be verified, there is a statutory basis and the parties ' rights matters less, the administrative organ may apply summary procedure, administrative law enforcement personnel by 1 administrative enforcement decisions are made on the spot.

Laws, rules and regulations applicable to summary of the terms and conditions otherwise provided, from its provisions.

60th summary procedure of administrative enforcement decisions are made on the spot, may orally inform the parties of the facts, grounds, and basis of administrative enforcement decisions, listen to the statements of the parties and the defence on the spot, on the reasonable opinions adopted, inadmissible reasons. Summary proceedings of administrative enforcement decisions are made on the spot, administrative law enforcement personnel shall be reported to the administrative authorities for the record in the 3rd.

Laws, rules and regulations on the filing date otherwise provides, from its provisions.

Summary proceedings of administrative enforcement decisions can be the way to format documents.

61st executive administrative organs in accordance with the decision, parties should fulfil their obligations within the time limit of the administrative agency decisions; parties do not fulfil their obligations, by administrative organs in accordance with their legal authority and in accordance with the statutory procedures, enforcement or the people's Court for compulsory execution.

62nd executive law demands that all parties fulfil preclude prejudice, restitution and other obligations of the administrative decision, the party fails to perform, the notice would not comply, the consequences have been, or will be endangering traffic safety, environmental pollution or destruction of natural resources, will the executive authorities to fulfil, or entrust a third party with no interest to fulfil.

Need to immediately clear the roads, waterways, waterway or contaminant, impurity or obstructions in public places, cannot be cleared by the parties, implementation of administrative organ may decide to perform.

63rd on illegal buildings, structures, facilities, administrative authorities shall, according to law shall be ordered to stop construction, rectify, dismantle, fines, confiscation and other decisions to dismantle illegal construction, will the executive authorities can request directly to the parties organized demolition; need to be torn down, the executive organ shall organize torn.

Illegal buildings and structures disposition until the units or individuals with illegal buildings and structures as production, related to undertakings applying for licenses, registration or filing procedures, the relevant administrative organ shall apply; illegal buildings and structures apply for electricity, water, gas and other procedures, and shall not be handled according to law.

Fifth term and served on the 64th article of laws, rules and regulations on administrative law enforcement matters expressly prescribed by administrative organs must be within the statutory time limit. Executive made clear commitment to processing time limit for administrative law enforcement matters, shall, within the time limit originally.

The commitment of the Executive term should be reasonable does not impede the realization of administrative purpose.

Executive administrative enforcement decisions, legally required, testing, inspection, and quarantine notice, hearings, bidding, auction, expert reviews, or entrust the investigation of relevant administrative organs, not counting the time required within the period specified in the preceding two paragraphs.

65th period calculated by the hour, day, month, and year and at the beginning of the period, days not included in the period expires on the last day of a holiday, a holiday the time limit shall expire on the first day after the date, except as otherwise provided by laws and regulations.

Citizens, legal persons and other organizations time period due to force majeure, delays within the period of time does not count; time period because of other special circumstances, and in the 10th after the obstacle is removed, can apply for the extended period permitted by the administrative authority. 66th administrative organs may be served directly under the circumstances, Lien service, commissioned by the mail service, service delivery, electronic delivery, administrative law-enforcement instruments; person whose whereabouts are unknown or prevented delivery of the above-mentioned approach, service can be used.

Administrative punishment and administrative compulsory laws, such as the Executive and administrative punishment decision letter, interpellation, administrative enforcement decisions expressly provided, from its provisions. 67th Executive direct service of administrative law enforcement documents, you can notify the addressee to the seat of the executive authorities to get, or to the service's home, other agreed location delivered directly to the addressee in person.

Date on the certificate of service signed by the parties to date.

By served people refused to sign administrative law enforcement instruments, administrative organ take following measures one of, and put administrative law enforcement instruments left in by served people of residence of, considered served: (a) used photo, and video, and recording, way records served process; (ii) invited about grass-roots organizations or where units of representative scene, description situation, in served back card Shang remember Ming rejected causes and date, by served people, and witnesses signature or sealed; (three) invited notary institutions witness served process.

Executive staff shall be indicated on the certificate of service delivery and signature. 68th Executive postal mailing service of administrative law enforcement documents, mailing address for the recipient of the service with the Executive confirmed address, delivery date is the date of the addressee receives the message.

Because the address of the recipient of the service provided is not accurate and did not address change inform administrative organs, the addressee or their specified receiver refused to sign, and fails to sign, resulting in administrative law-enforcement instruments were returned by postal enterprises, administrative enforcement of return date shall be deemed the date of the instrument. 69th administrative organs may authorize the relevant authorities, administrative law-enforcement instruments.

Transmitted upon receipt of the instruments of administrative law enforcement organs, units, shall immediately pay the addressee signed for receipt date is the date of service on the certificate of service.

70th article apart from the decision of the administrative law enforcement instruments, weather service agreed with the executive authorities, can be served by fax, e-mail and other administrative law enforcement instruments.

Confirmed to the addressee's email service of administrative law enforcement documents, since the e-mail enter recipient of the service date is the date of service of a specific system.
71st Executive service by publication of executive instruments should be adopted by the Zhejiang government service network (e), the organ or the people's Governments at the corresponding level portal announcements.

Administrative authority may, based on needs in the local news media announcement or in the addressee's domicile, place of business or where the village (neighborhood) Committee bulletin announcements. Bulletin deadline is 10th, due to the urgency of the situation or the protection of public security and social stability require, you can shorten the notice period, but not less than 3rd. Deemed the time of announcement.

Otherwise provided for by laws and regulations to the notice period from its provisions.

Effectiveness 72nd sixth section under any of the following circumstances, administrative enforcement decisions null and void: (a) the subject does not have executive law enforcement entity; (b) has no statutory basis, and (iii) other serious and obviously illegal situations. Administrative enforcement decisions are legally confirmed as invalid, invalid from the beginning.

Part in administrative enforcement decisions is confirmed as invalid, and it can be detached from, the other part is still valid.

73rd under any of the following circumstances, administrative enforcement decisions should be annulled or altered: (a) the lack of primary evidence, (ii) violation of legal procedures, (iii) application based on wrong; (d) beyond the terms of reference of the (v) abuse; (f) the appearance of impropriety; (VII) shall be revoked or changed by law in other circumstances. Some illegal administrative enforcement decisions be revoked and can be separated from, the other part is still valid.

Decision of the administrative authority shall confirm the effective part.

Administrative enforcement decisions are revoked, the revocation date of effect back when administrative enforcement decisions made, but, except as otherwise provided by laws and regulations.

74th under any of the following circumstances, administrative enforcement decisions confirm that illegal, but not revoked: (a) administrative enforcement decisions should be revoked, their removal would cause significant harm to national interests, public interests, (ii) violation of administrative enforcement decisions there is slight and does not have a real impact on the rights of the parties.

Administrative law enforcement decided has following case one of of, not need revoked or ordered perform of, confirmed illegal: (a) administrative law enforcement decided illegal, but not has can revoked content of; (ii) administrative organ change original illegal administrative law enforcement decided, but party still requirements confirmed original administrative law enforcement decided illegal of; (three) administrative organ not perform or delay perform statutory duties, ordered perform no meaning of.

75th administrative enforcement decisions does not specify a date of decision, such as omissions, to citizens, legal persons and legitimate interests of other organizations do not have a real impact and should be corrected.

Administrative enforcement decisions there is a wording error, or error and should be corrected.

Executive authorities to rectify or correct, you can note decisions in administrative law enforcement instruments; not PostScript, it shall make the correction or corrections decisions. Fifth chapter the Special Administration procedure article 76th administrative organs shall, in accordance with statutory terms of reference, to citizens, legal persons and other organizations to comply with laws, rules and regulations administrative checks.

Inclusion of more complaints, management exception list or suffering from illegal logging cases, can increase the number of administrative checks.

77th administrative organ shall develop and publish an annual administrative review work plans, reasonable administrative inspection matters, methods, objects, and so on.

Administrative authorities, in accordance with the administrative review work plan of carrying out random checks, shall develop and publish a random list, random objects and randomly assigned administrative law enforcement personnel work. 78th administrative authorities according to reporting administrative check shall be approved by the head of the administrative organ.

The urgency of the situation, and needs to be checked immediately, administrative law enforcement personnel shall, after checking the 2nd report to the head of the administrative organ and in completing the formalities.

79th administrative checks shall take steps and requirements, in accordance with the 50th, 51st, provisions of these measures. Administrative checking at the end of administrative law enforcement personnel shall be informed of the results of administrative checks on the spot to be inspected; need to wait for the results of the testing, inspection, and quarantine, should receive testing, inspection, and quarantine within 3rd results inform the inspected. Disagrees with the results by inspection of administrative checks, can apply to the administrative authority for review.

However, except as otherwise provided by laws, rules and regulations.

Directly related to human health, the safety of life and property, as well as directly related to public safety areas such as exploitation of natural resources, ecological environment protection, limited administrative examination results announced to the public in accordance with law.

80th administrative organs in order to achieve the public interest or administrative purposes, may, within its statutory mandate, consultations with the citizens, legal persons or other organizations entered into administrative agreements. Administrative Agreement shall be in writing and signed; signed according to law shall be approved by the administrative authority or in conjunction with, and shall be subject to ratification or in conjunction with the sign. Administrative agreements come into effect upon signature by both parties or in accordance with agreed to take effect.

Laws, rules and regulations on administrative agreements entered into forms and procedures otherwise provided, from its provisions.

81st administrative organs have the right to Executive guidance and supervision of the implementation of the agreement, without prejudice to the other party to the agreement.

Administrative agreements in the course of implementation, client consultation, the administrative organ may change or terminate the agreement, without prejudice to implementation of administrative purposes.

Has following case one of of, administrative organ right to change or lifted administrative agreement: (a) legal, and regulations or regulations provides change or lifted of; (ii) Administrative Agreement agreed change or lifted of conditions achievements of; (three) party in perform agreement process in the, serious damage national interests, and public interests of; (four) for national interests, and public interests need change or lifted of other case.

Administrative organs in accordance with the third paragraph of this article the first, the fourth rule change or rescind the administrative agreement, the loss caused to a party, be compensated according to law.

82nd administrative organs according to law by way of administrative mediation coordination, consultation and administrative competence is closely related to the administrative dispute and civil dispute.

Between the executive authorities and the citizens, legal persons and other organizations related to executive compensation, compensation and other aspects of the administrative dispute may initially voluntary consultation, negotiation fails or if the parties are not willing to negotiate, the upper-level executive responsible for mediation.

Citizens, legal persons and other organizations related traffic accident damages associated with administration, consumer protection, land (woodlands, seas) dispute, environmental damages and other civil disputes, by the competent administrative body responsible for mediating the matter. 83rd after receiving applications for the executive authorities, should be registered. On the part of the scope of administrative mediation and the other party agree to mediation, the administrative organ shall organize a mediation, and 30th days within receipt of the mediation request, but both parties agree to an extension or except as otherwise provided by laws and regulations.

Not part of the scope of administrative mediation or the other party does not agree to mediation, the Executive is not mediation, and notify the Parties accordingly.

Administrative conciliation agreement, the administrative organ shall make a written administrative mediation, by the parties, mediation facilitator, signed and stamped with the seal of the executive authorities, take effect from the date of signing by the parties.

The facts are clear, implications of both parties there is not much controversy or reparations, compensation amounts in dispute of less than 10,000 yuan, will the executive authorities can simplify the conciliation procedure.

84th administrative organ for administrative purposes, could take the initiative or the application in the following ways, administrative guidance to citizens, legal persons and other organizations: (a) to provide guidance and assistance, (ii) information, (iii) demonstration, guide, advise and (iv) recommendations, advice, persuasion and (e) other forms of guidance. According to law, the principle of fair and reasonable administrative guidance.

Citizens, legal persons and other organizations will be free to decide whether to accept, listen, coupled with administrative guidance may compel the executive authorities or disguised forced citizens, legal persons and other organizations receiving administrative guidance.

85th administrative authority of an administrative decision, shall, in accordance with provisions of laws and regulations, according to the applications of citizens, legal persons or other organizations is closely related to its administrative powers and functions between administrative decisions in civil disputes.

The sixth chapter oversight and accountability 86th people's Governments at various levels should consciously accept the supervision of the people's congresses at the corresponding levels and their standing committees, and accept the democratic supervision of the CPPCC.

Administrative organs shall, in accordance with the relevant provisions of law supervised by the judiciary, and accept supervision by the media and the people. 87th work established by the people's Governments above the county level in accordance with the departments, agencies, branches and subordinate administrative behavior implementation-level supervision of the people's Government.

Legislative Affairs and other relevant departments at and above the county level in accordance with the Division of responsibilities, in accordance with the mandated level of supervision work of the people's Governments at the corresponding level.

Departments above the county level people's Government in accordance with the administrative acts of the executive authorities in the implementation of the system-level supervision.

88th government supervision and auditing departments at and above the county level shall, in accordance with administrative supervision, audit and other laws, rules and regulations for implementation of administrative acts of the executive authorities to monitor. 89th province submitted to the State Council and the Standing Committee of the provincial people's Congress for the record.

District municipal people's Government submitted to the State Council and the Standing Committee of the provincial people's Congress and the provincial people's Government for the record.

Provinces, districts and municipal people's Governments every 5 years the Organization of 1 full liquidation of the regulations, and to publicize the results.

90th administrative normative document should be in accordance with the relevant provisions of the province submitted to the record.

The enacting body shall be organization of 1 every 2 years the administrative normative document for a comprehensive cleanup and publicize the results.

91st article administrative law enforcement supervision of main way including: (a) Organization on legal, and regulations, and regulations implementation situation carried out supervision check; (ii) Organization on focus administrative law enforcement field (matters) carried out supervision check; (three) Organization carried out administrative law enforcement files assessment check work; (four) on citizens, and corporate or other organization law proposed of administrative law enforcement complaints reported for processing; (five) legal, and regulations, and regulations provides of other way. 92nd level executive found the relevant administrative organs have the right to monitor illegal or improper administrative action and urge rectification can be made, shall be ordered to correct, criticized the decision.
The administrative organ shall, from the date of receipt of the decision on the 30th results reported to the supervision of the administrative authorities.

Hierarchical supervision of the administrative organs in accordance with the People's Republic of China local people's congresses of the organic law of the local people's Governments at all levels and the people's Governments above the county level in Zhejiang Province administrative law enforcement supervision regulations and other relevant laws, rules and regulations, revoke or alter unlawful or improper administrative action, in accordance with the competence and the procedure for the implementation of its provisions.

93rd of citizens, legal persons and other organizations may apply for administrative reconsideration to the Executive, the executive authorities shall, in accordance with relevant laws and regulations of administrative reconsideration.

94th found the bodies of the Executive force of administrative enforcement decisions of the way circumstances prescribed in the 73rd, ex officio, revoke or alter.

95th administrative organs and their staff to perform statutory duties or incorrect to perform legal duties, resulting in damage or adverse effects, in accordance with the People's Republic of China on administrative supervision law of the People's Republic of China Law on the punishment of civil servants of administrative organs of the civil service regulations of the administrative law enforcement personnel in Zhejiang Province the fault responsibility investigation measures such as laws, rules and regulations.

Seventh chapter supplementary articles article 96th laws, rules and regulations authorized to administer public affairs within the statutory mandate of the Organization, implementation of administrative acts in their own name, these measures shall apply to the provisions of relevant administrative organs.

97th of administrative law enforcement in these measures refers to the administrative authorities to implement laws, rules and regulations for particular citizens, legal persons and other organizations administrative acts that affect their interests, including the administrative license, the administrative punishment and administrative compulsory, administrative confirmation, executive pay, administrative decisions, administrative collection and administrative checks and other administrative acts.

98th 10th within the term provided for in herein refers to working days, excluding holidays.

99th these measures come into force on January 1, 2017.