Why simplify the administrative approval process

Legal Analysis: Procedures for Administrative Approval:

1. Approval. It refers to the act of restrictive management of the counterpart engaging in certain behaviors or applying for certain rights or qualifications in accordance with laws, regulations, administrative rules and relevant documents. There are three basic elements to approval:

First, the quota limit of the index; Second, the examination and approval authority has the right to choose; Third, it is generally final.

2. Approval. It refers to the act of ** organ or authorized unit, in accordance with laws, regulations, administrative rules and relevant documents, to confirm the counterpart to engage in certain behaviors, apply for certain rights or qualifications, etc. Therefore, when approving the counterparty's application, it is only confirmed in accordance with the relevant conditions.

3. Audit. It refers to the conduct of review and verification by the organ and reporting to the higher level organ or other organs for approval.

4. Filing. It refers to the act of the counterpart reporting to the competent department on the matters formulated or completed in accordance with the provisions of laws, regulations, administrative rules and relevant documents.

Legal basis: "Administrative Licensing Law of the People's Republic of China" Article 67 The licensee who has obtained the administrative license for market access in a specific industry directly related to the public interest shall, in accordance with the service standards, tariff standards and conditions stipulated by the administrative organs in accordance with the law, provide users with safe, convenient, stable and reasonable services, and perform the obligation of universal service; Without the approval of the administrative organ that made the administrative licensing decision, it is not allowed to suspend or suspend business without authorization.

Legal Analysis: The significance of simplifying administrative approval is divided into the following points:

1. It can effectively restrain and standardize administrative power, which is conducive to administrative examination and approval to achieve legal administration, reasonable administration, proper procedures, efficient and convenient for the people, honesty and trustworthiness, and unity of power and responsibility;

2. Being able to prevent and control corruption at the source is conducive to establishing a mechanism for the operation of power with a rational structure, scientific allocation, strict procedures, and effective constraints, is conducive to enhancing the transparency of administrative examination and approval, and facilitates the supervision of administrative organs and their staff members by citizens, legal persons, and other social organizations.

Simplify the "administrative examination and approval" procedure, standardize and optimize the examination and approval mechanism, and the biggest beneficiary is the party and the party. "Sunshine approval" can effectively promote the transparency of the power of administrative organs, help sunshine government affairs, and shorten the distance between the party and the people.

Legal basis: Article 18 of the Administrative Coercion Law of the People's Republic of China: Administrative organs shall comply with the following provisions when implementing administrative compulsory measures:

1) Before implementation, it must be reported to the responsible person of the administrative organ and approved;

B) by two or more administrative law enforcement personnel;

3) Present law enforcement identification;

4) Notify the parties to appear;

5) Inform the parties on the spot of the reasons and basis for employing administrative compulsory measures, as well as the rights and remedies enjoyed by the parties in accordance with law;

6) Hearing the parties' statements and defenses;

7) Make on-site records;

8) The on-site record is to be signed or sealed by the parties and administrative law enforcement personnel, and where the parties refuse, it is to be noted in the record;

9) Where the parties are not present, invite witnesses to appear, and the witnesses and administrative law enforcement personnel are to sign or affix a seal to the on-site record;

10) Other procedures provided for by laws and regulations.

1. What is the main simplification of simplified approval?

It is mainly reflected in three aspects: First, reduce the approval process. Cancel the product inspection before the issuance of the certificate, and instead submit the product inspection report that meets the requirements when the enterprise applies.

In addition to hazardous chemicals, the products managed by provincial-level departments shall be certified before verification, and the notification and commitment approval may also be implemented according to the applicant's wishes. The second is to reduce the application materials. Cancellation of business license, name change certificate, non-receipt of administrative penalty certificate and other materials and certification items that can be obtained through the ** information system.

The third is to shorten the time limit for examination and approval. Compress the approval time limit by 1 2.

2. Simplify the procedures for handling examination and approval and the scope of application.

Based on product characteristics and differences in approval permissions, the following three approval methods are adopted.

1. General procedure: The enterprise submits the application, and the certificate can be obtained after the acceptance is qualified by the on-site verification. It is applicable to the products approved and issued by the State Administration for Market Regulation and the hazardous chemicals approved and issued by the Beijing Municipal Administration for Market Regulation.

2. Certificate before verification: the enterprise submits the application, and the certificate is issued after passing the formal examination after acceptance. It is applicable to products certified by the Beijing Municipal Administration for Market Regulation, and hazardous chemicals whose production conditions have not undergone major changes such as expiration and renewal, name change, etc.

3. Inform and promise: the enterprise submits the application, handles it on the spot, and the certificate will be issued if it is qualified.

3. Simplify the time limit for processing approvals.

1. General procedures: The examination and approval shall be completed within 20 working days from the date of acceptance of the application of the enterprise.

2. Verification before verification: The examination and approval will be completed within 5 working days from the date of acceptance of the enterprise's application.

3. Inform the commitment: handle the approval on the spot.

4. What are the application materials and requirements for simplified approval?

The application materials shall be subject to "one single book and one report" (i.e., application form, letter of commitment and product inspection report). The product inspection report shall be an inspection report issued by an inspection agency with the qualification of an inspection and testing institution within one year. The inspection report shall be a type test report, a commissioned product inspection report or a type of report in the supervision and inspection report of the applied product unit (or product variety, see the product implementation rules for details).

The inspection items of the type test report submitted or the entrusted product inspection report shall cover the product inspection items specified in the product implementation rules, and the supervision and inspection report shall be the supervision and inspection report of the administrative department at or above the provincial level.

5. Simplify the supervision and management of enterprises that have been approved and certified.

After the enterprise obtains the certificate in the simplified approval method, the administrative organ will implement a post-supervisory on-site review or routine inspection, and will revoke the industrial product production license for false promises and non-compliance.

Specific procedures for administrative examination and approval: The administrative organ submits an application to the person in charge or the competent authority at a higher level, such as an application for compulsory measures, and then the higher-level organ or the person in charge conducts a review, and finally the approval is granted, and the license or document approved is issued.

The legal basis for the administrative approval procedure.

Article 18 of the Administrative Coercion Law of the People's Republic of China: Administrative organs carrying out administrative compulsory measures shall comply with the following provisions: (1) Before implementation, a report must be made to the responsible person of the administrative organ and approved; (B) by two or more administrative law enforcement personnel; 3) Present law enforcement identification; 4) Notify the parties to appear; 5) Inform the parties on the spot of the reasons and basis for employing administrative compulsory measures, as well as the rights and remedies enjoyed by the parties in accordance with law; 6) Hearing the parties' statements and defenses; 7) Make on-site records; 8) The on-site record is to be signed or sealed by the parties and administrative law enforcement personnel, and where the parties refuse, it is to be noted in the record; (9) Where the parties are not present, invite witnesses to appear, and have the witnesses and administrative law enforcement personnel sign or affix a seal to the on-site record; 10) Other procedures provided for by laws and regulations.

The administrative examination and approval procedure is that the administrative organ submits an application to the person in charge or the competent authority at a higher level, such as an application for compulsory measures, and then the higher authority or the person in charge conducts a review, grants a license after approval, and issues a license or a document that has been approved.

Article 18 of the Administrative Coercion Law of the People's Republic of China: Administrative organs implementing administrative coercive measures shall comply with the following provisions: (1) Before implementation, it must be reported to the person in charge of the administrative organ and approved; B) by two or more administrative law enforcement personnel; (3) Present the identity documents of the execution and excavation method; 4) Notify the parties to appear; 5) Inform the parties on the spot of the reasons and basis for employing administrative compulsory measures, as well as the rights and remedies enjoyed by the parties in accordance with law; 6) Hearing the parties' statements and defenses; 7) Make on-site records; (8) The on-site record is to be signed by the parties and administrative law enforcement personnel or sealed by the loser, and where the party refuses, it is to be noted in the record; 9) Where the parties are not present, invite witnesses to appear, and the witnesses and administrative law enforcement personnel are to sign or affix a seal to the on-site record; 10) Other procedures provided for by laws and regulations.