|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
Article 1. The present Provisions are formulated pursuant to the Administrative Licence Law of the People's Republic of China (hereinafter referred to the Administrative Licence Law) for the purpose of intensifying the supervision and inspection of the implementation of communications administrative licence, timely correcting and investigating into the illegal and irregular acts that are committed during the implementation of communications administrative licence and ensuring that the administrative organs of communications correctly perform their statutory duties of administrative licensing. Article 2. The Administrative Licence Law, other relevant laws and regulations and the present Provisions shall be obeyed in the supervision and inspection of and investigation into responsibilities for communications administrative licence. Article 3. The principles of legitimacy, justness, impartiality, timeliness, correcting every wrong act and prosecuting any law breaker shall be obeyed and the correct enforcement of relevant laws, regulations and rules shall be ensured in the supervision and inspection of and investigation into the responsibilities for communications administrative licence. Article 4. The communications administrative departments at or above the county level shall establish and improve the system of supervision and inspection of and investigation into the responsibilities for communications administrative licence and strengthen the supervision over the communications administrative licensing. The communications administrative departments on a higher level shall strengthen supervision and inspection of the communications administrative licensing of lower communications administrative departments, and timely correct illegal and irregular acts committed during the implementation of communications administrative licensing. Article 5. The communications administrative departments shall strengthen supervision and inspection of the communications administrative licences as organized and implemented by the executive institutions of communications administrative licences empowered by the laws and regulations, and timely correct those illegal and irregular acts committed during the implementation of communications administrative licensing. Article 6. Where a communications administrative department entrusts any other administrative organ to enforce a communications administrative licence, the entrusting organ shall strengthen supervision and inspection over the communications administrative licence carried out by the entrusted organ and undertake legal liabilities for the aftermaths of communications administrative licence of entrusted administrative organ. Article 7. The executive organs of communications administrative licence shall establish and improve an internal supervisory system and strengthen internal supervision over the functionaries who enforce the administrative licence. Article 8. The communications administrative departments, the legal affairs organ of the executive organ of communications administrative licence or the supervisory organs shall be responsible for supervision and inspection of and investigation into the responsibilities of communications administrative licence according to their division of functions. Article 9. When implementing an administrative licence, the executive organ of communications administrative licence shall take up the supervision of the general public on its own initiative. An entity or individual is entitled to impeach and accuse any executive organ or any of its functionaries of communications administrative licence due to its failure to strictly comply with laws, regulations and rules relating to the administrative licence and its unlawful and irregular acts committed during the enforcement of communications administrative licence. Article 10. An executive organ of communications administrative licence shall establish an offence-reporting system of communications administrative licence and make public the hotline phone number, address or email for the use of informants. An executive organ of communications administrative licence shall make timely investigations into any offence reported according to its functions after receiving the report. Article 11. The supervision over and inspection of a communications administrative licence shall mainly include: (1) information about the acceptance of an application for communications administrative licence; (2) information about the examination of and decision on the application for communications administrative licence; (3) conditions on the supervision over and inspection of the licencees carried out by the executive organs of communications administrative licence; and (4) any other relevant acts conducted during the implementation of communications administrative licence. Article 12. The executive organ of communication administrative licence that makes the decision of communications administrative licence or its superordinate communications administrative department in-charge may, under any of the following circumstances, annul the licencee's communications administrative licence upon the request of any interested party or according to its own functions: (1) Where any of the functionaries of the communications administrative organ decides to approve a communications administrative licence by abusing his powers or neglecting his duties; (2) Where a decision on approving a communications administrative licence is made due to the decision-makers' exercise of power beyond its statutory limit; (3) Where a decision on approving a communications administrative licence is made in violation of the statutory procedures; (4) Where an applicant who doesn't meet the application qualifications or the statutory conditions has been granted a communications administrative licence; or (5) any other circumstance under which the communications administrative licences may be annulled in accordance with the law. Article 13. Where an executive organ of communications administrative licence or any of its functionaries violates any of the provisions of the Administrative Licence Law under any of the following circumstances, it shall be ordered to get right by the executive organ of communications administrative licence, the superordinate communications administrative organ or by the supervisory organ; where the circumstances are serious, the direct liable person in-charge and any other direct liable person shall be given an administrative sanction: (1) Failing to accept applications for communications administrative licence that meet the statutory requirements; (2) Failing to display the materials in the offices that shall be displayed in accordance with the law; (3) Failing to perform the statutory duty of keeping the applicant and any interested party informed during the period of accepting, examining and deciding a communications administrative licence; (4) For an applicant whose application materials are incomplete or inconsistent with the statutory form, it fails to inform, once for all, the applicant of all the items that shall be supplemented or corrected; (5) Failing to explain why an application for communications administrative licence is rejected, or why the communications administrative licence is disapproved in accordance with the law; or (6) Failing to hold a hearing as required by the law. Article 14. When implementing a communications administrative licence, the executive organ of communications administrative licence that is under any of the following circumstances shall be ordered to get right by its sub-ordinate communications administrative organ or by the supervisory organ, the direct liable person in-charge and any other direct liable person shall be given an administrative sanction; if his violation constitutes a crime, he shall be subject to criminal responsibilities: (1) granting an administrative licence to an applicant who doesn't meet the statutory requirements or making a decision on the approval of a communications administrative licence by exceeding its statutory functions; (2) failing to grant a communications administrative licence to an applicant who meets the statutory requirements or to make a decision on the approval of the administrative licence within the time limit; or (3) having made decisions on the approval of a communications administrative licence, which shall be decided according to the results of bid invitation or auction, or the exam scores that the applicants get in the examination, without taking the forms of bid invitation, auction or examination, or inconsistent with the results of bid invitation or auction, or with the exam scores the applicants get. Article 15. When implementing an administrative licence, an executive organ of communication administrative licence that charges fees without permission or fails to charge fees according to the statutory items and rates shall be ordered by its superior communication administrative organ or by the supervisory organ to refund the fees illegally collected. The direct liable person in-charge and any other liable person shall be given an administrative sanction. Article 16. The fees collected in implementing an administrative licence by an executive organ of communications administrative licence or any of its functionaries are withheld, misappropriated, divided privately or divided in a disguised form shall be ordered to be refunded by its upper communications administrative organ or by the supervisory organ, the direct liable person in-charge and any other direct liable person shall be given an administrative sanction. If any crime is constituted, the offender shall be handed over to the judicial organ and subject to criminal responsibilities. Article 17. For any of the functionaries of the executive organ of communications administrative licence who asks for or accepts the money or property of others or seeks for unlawful interests when implementing an administrative licence or exercising supervision and inspection, the direct liable person in-charge and any other direct liable person shall be given an administrative sanction. If any crime is constituted, the offender shall be handed over to the judicial organ and subject to criminal responsibilities. Article 18. Where a communications administrative organ fails to perform its supervisory functions or fails to do a good job in this aspect, which causes serious consequences to legitimate rights and interests of the parties concerned, it shall be ordered to get right by its superior communications administrative organ or by the supervisory organ, the direct liable person in-charge and any other direct liable person shall be given an administrative sanction; and if his violation constitutes a crime, he shall be subject to criminal responsibilities. Article 19. Where an executive organ of communications administrative licence or any of its functionaries impairs the legitimate rights and interests of the parties concerned due to its illegal implementation of an administrative licence, it shall make compensations in accordance with the State Compensation Law, and the direct liable person in-charge and any other direct liable person with intent or with gross negligence shall be ordered to undertake corresponding compensatory expenses. Article 20. The communications administrative departments and legal work organs in the executive organs of communications administrative licence shall be specially responsible for supervising over the administrative licence as complemented by their own internal organs in charge of the implementation of administrative licence, lower communications administrative departments, authorized executive organizations of communications administrative licence by any law or regulation, and administrative organs entrusted to implement communications administrative licence. If a legal affairs organ finds that any executive organ of communications administrative licence illegally implements any communications administrative licence, it shall put forward its opinions to the organ it belongs to, and make a decision according to the following prescriptions upon consent of the person-in-charge of the organ: (1) if an administrative licence shall be revoked, it shall be decided to be revoked; and (2) if an administrative licence shall be ordered to get right, it shall be decided to be ordered to get right. Any organ which receives the decision of ordering to get right shall report in written form its conditions about the correction to the organ making the decision of ordering to get right within 10 days. Article 21. The supervisory organs shall exercise supervision over and inspection of any executive organ of communications administrative licence and any of its functionaries according to relevant laws and administrative regulations, and make their decisions on how to deal with it. Article 22. Where any executive organ of communications administrative licence or any of its functionaries refuses to accept the supervision over and inspection of the communications administrative licence or refuses to implement any supervision and inspection decision of communications administrative licence, the direct liable person in-charge and any other direct liable person shall be given an administrative sanction by its superior communications administrative organ or by the supervisory organ. Article 23. The present Provisions shall be implemented as of January 1, 2005. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|