深圳市审批登记制度若干规定
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深圳市人民政府令第105号 The No. 105 Decree of the People’s Government of Shenzhen Municipality Several Rules on the System for Examination and Registration of Shenzhen Municipality, adopted at the 40th Executive Meeting of the Third People’s Government of Shenzhen Municipality, is hereby promulgated and shall go into effect as of Nov.1,2001. Oct.22, 2001 Article 1 These rules are formulated in accordance with the actual situation of Shenzhen Municipality, for the purposes of changing governmental functions, standardizing the examination and registration, improving administrative efficiency and promoting administration by law. Article 2 The examination and registration referred in these rules means the administrative acts of approval, license, qualification and aptitude recognition, authorization and others with the same nature by the administrative organs according to the application of the natural persons, legal persons and other organizations. These rules shall not be applicable for the examination and registration of internal affairs such as foreign affairs, finance and personnel matters by the administrative organs. Article 3 The examination and registration shall be set according to laws. Any examination and registration by the governments at all levels and its departments shall comply with laws, regulations and rules strictly. Article 4 Any regulatory draft or draft bill involving the examining and registering affairs shall be arranged for the hearing by the legality department of the municipal government. The hearing shall be arranged according to the following procedures: (1)The organizing organ shall publish a hearing announcement in the Shenzhen Special Zone Daily and the Commercial daily of Shenzhen Municipality fifteen days before the hearing is held，including the name of draft bill, the examining and registering items, the time and place for asking for regulatory draft for free and the way of attending the hearing. (2)The hearing shall be presided over by a staff of the legality department or a law expert appointed by the organizing organ; the organizing organ shall public the specific procedures of the hearing. (3) The principal and the agent of relevant administrative department shall put forward the reason or criterion of establishing the examining or registering items when the hearing is conducted; other intervening partyand the agent may defend himself and make cross-examination; (4)Written record shall be made for the hearing and be shown to the intervening partyor the agent for signature or seal. (5) The presider of a hearing shall refer the hearing report and put forward the hearing suggestion to the organizing organ within ten days following the end of the hearing. The hearing shall be held in public and permit the newspaperman to gather news and report. Article 5 To establish and carry out the examination and registration, an announcement including the contents, conditions, functions and powers, the time limit of examination and registration shall be publicized in the Gazette of the People’s Government of Shenzhen Municipality, the examining and registering procedures shall be simplified and the operating regulations shall be publicized. It shall not be carried out without announcement. For the application of examination and registration brought forward by any unit or individual, the relevant governmental departments shall accept and issue the return receipt ( with the listing of accepted documents). If the application doesn’t comply with the requirements of laws, regulations and rules, the receiver shall notify in written of what documents, material or other proceeding shall be supplied（including being amended）in applying for examination and registration for once at the same time of issuing the return receipt。 Article 6 Any application complying with the legal conditions and without approvable quantity restriction shall be examined and approved by the examining and approving organization. Article 7 For the application under the approvable quantity restriction, it shall be decided whether to approve or not by the examining and approving organization after through public bidding, auction or consulting the expert commission. It is prohibited for the chief administrative officer to make individual decision. The expert commission shall be composed of lawyers, accountants and other professionals. Any staff of the institution concerned shall not be the member of the expert commission. The examining and approving organization shall appoint the members of the expert commission, enact the rules of procedure and publicize in the Gazette of the People’s Government of Shenzhen Municipality. The establishment of the high technology enterprise shall be in line with the principle of “registration before examination and approval.” Article 8 The examination and registration shall be completed within fifteen days upon the date receiving the documents, except as otherwise stipulated by laws, regulations and rules. In the case of needing to distribute the notification according to the section 2 of article 5 of these rules, the secondary receiving day shall be taken as the first day of the time limit of examination and registration. Article 9 The governments of all levels and its departments shall establish the internal supervisory system for examination and approval. Any important decision shall be subjected to collective discussion. Article 10 Anyone, in violation of these rules, establishes the examining and registering items and carries out examination and registration without authorization, the examination and registration shall be of no effect while the offender shall be circulated a notice of criticism by the supervisory department over administration; The person directly in charge of concerned competent authority and other persons directly responsible shall be pursued administrative liability according to laws. Anyone, who causes losses to other person for void or illegal examination and registration, shall be liable for losses; if there are illegal gains, it shall be turned in wholly to the municipal Finance. Article 11 The municipal People’s Government shall publicize the increased or revocatory items for examination and approval in the Gazette of the People’s Government of Shenzhen Municipality before Jan.10th every year. Article 12 These regulations shall come into force on the date of their promulgation.The Several Rules of Shenzhen Municipality on Reformation of Examining and Approving System by the Order No.83 of the People’s Government of Shenzhen Municipality and its Annex No. 2 shall be abolished synchronously; the Annex No.1 shall be still in effect except for the contents contradicted with these rules. |
