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《行政許可法》word版(文件)

 

【正文】 nt, or paste labels or affix the seal of inspection, test or quarantine. Article 45 Where, according to law, a decision on administrative permission to be made by an administrative department requires hearing, public bidding, auction, inspection, test, quarantine, authentication or expert evaluation, the time thus needed shall not be reckoned in the time limit specified by this Section. The administrative department shall inform the applicant in writing of the time needed. Section 4 Hearing Article 46 The administrative department shall make known to the general public, and hold hearings on, the matters for the granting of administrative permission which, according to the provisions of laws, regulations or rules, need hearing, or other matters of vital importance involving public interests for the granting of administrative permission which the administrative department believes need hearing. Article 47 Where administrative permission directly involves the vital interests between an applicant and another person, the administrative department shall, before making the decision on administrative permission, inform the applicant and the interested person that they have the right to request hearing。 and (4) other certificates of administrative permission stipulated by laws and regulations. Where the administrative department conducts inspection, test or quarantine, it may paste labels on, or affix the seal of inspection, test or quarantine to, the equipment, facilities, products or goods which pass the inspection, test or quarantine. Article 40 The administrative department shall make known to the public the decisions it makes on approving administrative permission, and the public shall have the right to consult them. Article 41 Where no regional restrictions are imposed on the use of administrative permission instituted by laws and administrative regulations, such permission obtained by applicants is effective throughout the country. Section 3 Time Limit Article 42 An administrative department shall, except where it can make a decision on administrative permission on the spot, make such a decision within 20 days from the date it accepts an application for administrative permission. Where it cannot do so within 20 days, it may have an extension of 10 days upon approval by the leading member of the department, and shall inform the applicant of the reasons for extension. However, where laws and regulations provide otherwise, the provisions there shall prevail. Where, according to the provisions in Article 26 of this Law, applications for administrative permission are handled in a unified manner, jointly, or in a concentrated way, the time for such handling shall not exceed 45 days。 and (5) where the matters for which administrative permission is applied for fall within the scope of its functions and powers, the application materials are plete and in conformity with the statutory form, or the applicant submits the materials of application which are fully supplemented or corrected as it requires, it shall accept the application for administrative permission. When the administrative department accepts or refuses to accept an application for administrative permission, it shall produce a written certificate with the special seal of the department affixed and the date clearly marked. Article 33 Administrative departments shall establish and improve the relevant systems, introduce electronic administration, and publicize at their websites the matters which are subject to administrative permission, in order to make it convenient for the applicants to apply for administrative permission by such means as data cable。 (2) where, in accordance with law, the matters for which administrative permission is applied for do not fall within the scope of its functions and powers, it shall directly make the decision not to accept such an application and inform the applicant of the relevant administrative department to which the application should be submitted。 it shall not entrust another organization or individual with the granting of administrative permission. Article 25 Upon approval by the State Council, the people39。 and other requirements in violation of the superordinate laws shall not be added in the specific provisions on the requirements of administrative permission. Article 17 With the exception of what is provided for in Articles 14 and 15 of this Law, no procedure for administrative permission shall be instituted in any other standardizing documents. Article 18 When the procedure for administrative permission is instituted, provisions on the departments, requirements, procedures and time limit for the granting of such permission shall be formulated. Article 19 Where, when drafting laws or regulations or when drafting rules of the people39。s governments of provinces, autonomous regions, and municipalities directly under the Central Government may institute provisional procedure for administrative permission in the form of rules. Where it is necessary to continue granting such provisional administrative permission at the expiration of a whole year, the said governments shall request the people39。 (3) matters which the organizations of trades or intermediary bodies can manage through selfdiscipline。s lives and property, which need to be verified by means of inspection, test, quarantine, etc. and in accordance with technical standards and specifications。s lives and property, which are subject to approval in accordance with the statutory requirements。 and no provisions that are not promulgated shall be made the basis for the granting of administrative permission. The granting and oute of administrative permission shall be publicized except where State secrets, business secrets and individual privacy are involved. The applicants who meet the statutory requirements and standards shall have the equal right to obtai
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