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行政許可法英文版本-資料下載頁(yè)

2025-06-16 18:47本頁(yè)面
  

【正文】 ive license set down by laws and regulations, if there is no regional limit on its application scope, the administrative license obtained by an applicant shall be of nationwide validity.(中國(guó)法律知識(shí)網(wǎng)|)Section 3 Time LimitArticle 42 An administrative organ shall make a decision on the administrative license within 20 days from the day when it accepts such an application unless it can make a decision on the spot. If it can39。t make a decision within 20 days, it may extend for 10 days upon the approval of the person in charge of this administrative organ, and shall give explanations about the extension to the applicant. However, if it is otherwise provided for in any law and regulation, the latter shall prevail.(中國(guó)法律知識(shí)網(wǎng)|)In accordance with Article 26 of the Law, where an administrative license is handled uniformly or jointly or collectively, the period shall not exceed 45 days。 if it cannot be pleted within 45 days, it may, upon the approval of the people39。s government of the same level, be extended for 15 days, and the applicant shall be notified of the reason for extension.(中國(guó)法律知識(shí)網(wǎng)|)Article 43 For an administrative license that is subject to the examination of a lower administrative organ before it is reported and submitted to an upper administrative organ, the lower administrative organ shall plete the examination within 20 days from the day when the application for administrative license is accepted. But, if it is otherwise provided for in the laws and regulations, the latter shall prevail.(中國(guó)法律知識(shí)網(wǎng)|)Article 44 If an administrative organ makes a decision of administrative license, it shall issue and serve the applicant the certificate of administrative license, or stamp a label, affix a seal of inspection, testing or quarantine, within 10 days from the day when such a decision is made.(中國(guó)法律知識(shí)網(wǎng)|)Article 45 In accordance with the law, where an administrative organ needs hearing, bid invitation, auction, inspection, testing, quarantine or expert evaluation, the required time shall not be included in the time limit specified in this Section.(中國(guó)法律知識(shí)網(wǎng)|)Section 4 HearingArticle 46 For a hearing as provided for the implementation of administrative license in any law, regulation or rule, or for any other licensing matters of great importance to the public interests that the administrative organ considers it necessary to hold a hearing, the administrative organ shall announce it to the public and hold a hearing.(中國(guó)法律知識(shí)網(wǎng)|)Article 47 Where an administrative license is of direct significance to the interests of the applicant or others, before the administrative organ makes a decision about the administrative license, it shall inform the applicant or the interested party of the right to request for a hearing. Where the applicant or interested party applies for a hearing within 5 days from the day when it is informed of such right, the administrative organ shall organize a hearing within 20 days.(中國(guó)法律知識(shí)網(wǎng)|)The applicant and interested party shall not pay for the expenses arising from the administrative organ39。s organization of the hearing.(中國(guó)法律知識(shí)網(wǎng)|)Article 48 The hearing shall proceed according to the following procedures:(1) The administrative organ shall notify the applicant and interested party of the time and place of the hearing 7 days before it is held, and shall announce it to the public where necessary。(2) The hearing shall be held openly。(3) The administrative organ shall designate a person to host the hearing, the person shall not be from the persons who are responsible for the examination of the application for administrative license, where the applicant or interested party considers that the host or hostess of the hearing is of direct interest to the matters under administrative license, it shall be entitled to apply for withdrawal。(4) While holding a hearing, the persons who are responsible for the examination of an application for administrative license shall provide proofs, reasons for the examination opinions, the applicant and the interested party may produce evidence, defend and conduct crossexaminations。(5) Transcripts shall be made for a hearing. The attendees of the hearing shall sign their names on or affix their seals to the transcripts after they have confirmed them as inerrant.(中國(guó)法律知識(shí)網(wǎng)|)The administrative organ shall make a decision on the administrative license according to the transcripts of the hearing.(中國(guó)法律知識(shí)網(wǎng)|)Section 5 Modification and ExtensionArticle 49 Where a licensee requests for modifying the matters under administrative license, it shall file an application to the administrative organ that made the decision about the administrative license. If it meets the statutory conditions and standards, the administrative organ shall handle the modification procedures in accordance with the law.(中國(guó)法律知識(shí)網(wǎng)|)Article 50 Where a licensee needs to extend the valid period of an administrative license it obtained in accordance with the law, it shall file an application with the administrative organ that made the decision about the administrative license 30 days prior to the expiry of the valid period of this administrative license. But, if it is otherwise provided for in the laws, regulations and rules, the latter shall prevail.(中國(guó)法律知識(shí)網(wǎng)|)An administrative organ shall decide whether to approve the extension prior to the expiry of the valid period of this administrative license。 if it fails to make a decision within the time limit, it shall be deemed that the extension has been approved.(中國(guó)法律知識(shí)網(wǎng)|)Section 6 Special ProvisionsArticle 51 The implementing procedures for the administrative license shall be governed by the pertinent provisions in this Section, if there are any。 if it isn39。t provided for in this section, they shall be governed by other relevant provisions in this Chapter.(中國(guó)法律知識(shí)網(wǎng)|)Article 52 The procedures for the State Council to implement an administrative license shall be governed by the relevant laws and administrative regulations.(中國(guó)法律知
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