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The basic system that should be followed in the implementation procedure of administrative licensing1Paragraph 3 of Article 29 of the Administrative Licensing Law stipulates that an application for an administrative license may be submitted by letter, telegram, telex, fax, electronic data interchange and e-mail; Article 33 stipulates that administrative organs shall establish and improve relevant systems, promote e-government, and publish administrative licensing matters on the administrative organs' **, so as to facilitate applicants to submit applications for administrative licenses by means of data messages and other means. The purpose of these regulations is to use modern electronic technology and information technology to continuously open up new channels for the diversification of administrative license application methods.
2.Disclosure System for Administrative Licensing Affairs The first paragraph of Article 30 of the Administrative Licensing Law stipulates that the administrative organ shall publicize the matters, basis, conditions, quantity, procedures, and time limits of administrative licensing stipulated by laws, regulations, and rules, as well as the catalog of all materials that need to be submitted and the model text of the application, etc., in the office space; Article 33 stipulates that administrative organs shall establish and improve relevant systems, implement e-government, and publish administrative licensing matters on the administrative organs' **; Article 40 stipulates that the decision to approve an administrative license made by an administrative organ shall be made public, and the public has the right to inspect it; Wait a minute. The above provisions are all manifestations of the open system of administrative licensing affairs.
3.Article 36 of the Administrative Licensing Law stipulates that when an administrative organ examines an application for an administrative license, if it finds that the administrative licensing matter is directly related to the major interests of others, it shall inform the interested party, and the applicant and interested party have the right to make statements and defenses, and the administrative organ shall listen to the opinions of the applicant and interested party. 4.
Article 32 of the Administrative Licensing Law stipulates that if an application does not require an administrative license in accordance with the law, the licensing authority shall immediately inform the applicant that it will not be accepted; Where the matter of the application does not fall within the scope of the administrative organ's authority in accordance with law, a decision shall be made immediately not to accept it, and the applicant shall be informed to apply to the relevant administrative organ; Where the application materials are incomplete or do not conform to the legally-prescribed form, the applicant shall be informed of all the contents that need to be supplemented and corrected on the spot or once within five days. Article 36 of the Administrative Licensing Law stipulates that if an administrative organ finds that the administrative licensing matter is directly related to the major interests of others when reviewing the application for administrative licensing, it shall inform the interested party.
Article 38 of the Administrative Licensing Law stipulates that if an administrative organ makes a written decision not to grant an administrative license in accordance with the law, it shall explain the reasons and inform the applicant that he has the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. The above provisions are all manifestations of the system of notification and explanation of reasons for administrative licensing.
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What are you asking about, generally speaking, the administrative licenses of different industries are different.
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The implementation procedures of the town administration permit include the application and acceptance procedures for the implementation of administrative licenses, the review and decision procedures for the implementation of administrative licenses, the hearing procedures for administrative licenses, and the change and continuation of administrative licenses.
1. Application and acceptance procedures for the implementation of administrative licensing.
1. Where citizens, legal persons or other organizations engage in specific activities and need to obtain an administrative license in accordance with the law, they shall submit an application to the administrative organ, truthfully submit relevant materials to the administrative organ and reflect the true situation.
2. Be responsible for the authenticity of the substance of the application materials. The applicant may entrust a person to submit an application for an administrative license, except that it shall be submitted by the applicant to the office of the administrative organ in accordance with the law.
Second, the review and decision procedures for the implementation of administrative licensing.
1. The administrative organ shall review the application materials submitted by the applicant. The application materials submitted by the applicant are complete and in accordance with the statutory form.
2. If the administrative organ can make a decision on the spot, it shall make a written administrative licensing decision on the spot; If an administrative licensing decision cannot be made on the spot, an administrative licensing decision shall be made in accordance with the prescribed procedures within the statutory time limit.
3. Administrative licensing hearing procedures.
Laws, regulations, and rules provide that the implementation of the administrative licensing shall be heard, or other major administrative licensing matters involving the public interest that the administrative organ believes need to be heard, the administrative organ shall make an announcement to the public and hold a hearing.
4. Change and renewal of administrative licenses.
1. If the licensee requests to change the administrative licensing matters, it shall apply to the administrative administrative organ that made the administrative licensing decision; Where the legally-prescribed requirements and standards are met, the administrative organs shall handle the modification formalities in accordance with law.
2. If it is necessary to extend the validity period of the administrative license obtained in accordance with the law, an application shall be submitted to the administrative organ that made the administrative licensing decision 30 days before the expiration of the validity period of the administrative license.
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Legal analysis: 1. It must be an administrative organ that performs external administrative functions; 2. It is necessary to obtain a clear authorization to implement the right to license the administration of imitation in accordance with the law; 3. It must be implemented within the scope of statutory authority.
Legal basis: "Administrative Licensing Law of the People's Republic of China" Article 29 Where citizens, legal persons or other organizations engage in specific activities and need to obtain an administrative license in accordance with law, they shall submit an application to the administrative organ. If the application needs to be in a format text, the administrative organ shall provide the applicant with a format copy of the application for administrative licensing.
The format text of the application shall not contain content that is not directly related to the application for administrative licensing. The applicant may entrust a person to apply for an administrative license. However, the applicant shall submit an application for an administrative license at the office of the administrative organ in accordance with the law.
Applications for administrative licenses may be submitted by letter, telegram, telex, fax, electronic data interchange and e-mail.
I don't think so.
1) Administrative licensing is an administrative act of a statutory administrative subject. The act of issuing qualification certificates and licensing documents to their members by ordinary social groups, autonomous organizations, non-governmental associations, etc., that do not have the qualifications of statutory administrative entities is not an act of administrative licensing. >>>More
The key is to see if their actions are closely linked to their duties. The conduct of administrative organs and their staff members in the exercise of their powers is called an act of duty, which is what you call an act of an organ. >>>More