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Several
Rules on the System for Examination and Registration of Shenzhen
Municipality
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The
No. 105 Decree of the People' s Government of Shenzhen
Municipality
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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.
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Yu Youjun
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Mayor
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Oct.22, 2001
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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.
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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.
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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.
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Article
3
The examination
and registration
shall be set according to laws.
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Any
examination
and registration
by the governments at all levels and its departments shall
comply with laws, regulations and rules
strictly.
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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.
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The
hearing shall be arranged
according to the following procedures:
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(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.
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(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.
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(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;
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(4)Written
record shall be made for the hearing and be shown to the
intervening partyor
the agent for signature or seal.
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(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.
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The
hearing shall be held in public and permit the newspaperman to
gather news and report.
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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.
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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。
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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.
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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.
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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.
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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.
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The
establishment of the high technology enterprise shall be in line
with the principle of "registration
before examination and
approval."
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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.
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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. |
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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.
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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.
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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.
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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.
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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. |
