The measures for the administration of administrative examination and approval in Taiyuan city have been adopted at the16th executive meeting of the municipal people's government on February 23rd, 20th1year, and are hereby promulgated, and shall come into force as of October 23rd, 20th12+1year1year.

Mayor: Lian Yimin.

20 1 1 year1February 24th

Measures of Taiyuan Municipality on the Administration of Administrative Examination and Approval

Chapter I General Principles

Article 1 In order to standardize administrative examination and approval, improve administrative efficiency, optimize the development environment and build a service-oriented government, these Measures are formulated in accordance with the Administrative Licensing Law of People's Republic of China (PRC) and other laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the implementation and management of administrative examination and approval within the administrative area of this Municipality.

The term "administrative examination and approval" as mentioned in these Measures refers to the examination and approval of administrative license and non-administrative license.

Article 3 The administrative examination and approval shall follow the principles of openness, fairness, high efficiency and convenience, adhere to the principles of decentralization, streamlining matters, optimizing processes and improving efficiency, and gradually realize electronic management of administrative examination and approval.

Fourth municipal government service management office (hereinafter referred to as the municipal government office) is the agency of the Municipal People's government, responsible for the unified management of the implementation of the city's administrative examination and approval and the operation and management of the municipal government service center.

The implementation departments of administrative examination and approval are responsible for the specific implementation of administrative examination and approval items in their own departments.

Article 5 The municipal government office shall perform the following duties:

(a) to study and formulate the city's administrative examination and approval policies, systems and plans, implement administrative examination and approval process reengineering, organize and coordinate the joint examination and approval of fixed assets investment projects, and implement online examination and approval;

(two) responsible for organizing, coordinating, supervising and guiding matters entrusted by various departments;

(three) responsible for the management training and daily assessment of the staff stationed in the municipal administrative service center;

(four) responsible for the planning and guidance of the construction of the city's government service system.

(five) other matters assigned by the Municipal People's government.

Article 6 The municipal administrative service center is a place where citizens, legal persons or other organizations carry out administrative examination and approval and provide public services. According to the operation mechanism of "two centralization and two in place", one window is used for entry and exit, centralized handling and joint examination and approval.

Seventh county (city, district) people's government, development zone management committee shall set up administrative service center. Construct a four-level government service system of city, county (city, district), development zone government service center and township (street office) and village (community) convenience service center.

Chapter II Management of Examination and Approval Projects

Eighth administrative examination and approval projects to implement dynamic management. The implementation department of administrative examination and approval shall clean up the administrative examination and approval items according to laws and regulations and the relevant provisions of the state, province and city, and timely submit the adjustment of administrative examination and approval items to the Legislative Affairs Office of the municipal government and the municipal legal department for the record.

For the cancelled administrative examination and approval items, the implementation department of administrative examination and approval shall not continue to approve or approve in disguise.

Where laws and regulations make specific provisions on the conditions for administrative examination and approval, the administrative department shall not add other conditions without authorization.

Ninth administrative examination and approval departments should standardize and optimize the examination and approval process, and report to the municipal government office for the record.

Tenth administrative examination and approval items shall all enter the municipal administrative service center for unified management, and shall not be accepted outside the municipal administrative service center without the approval of the municipal government.

The administrative examination and approval items that do not have access conditions for the time being shall, after being approved by the Municipal People's Government, set up a professional hall for centralized handling, and accept the guidance and supervision of the Municipal Affairs Office.

Article 11 The municipal administrative service center and professional hall shall disclose the administrative examination and approval items and their basis, conditions, quantity, procedures, time limit, charging standards, all materials to be submitted, demonstration text of the application and other information, and make them public on the websites of the municipal government and various departments.

Chapter III Management of Examination and Approval Methods

Twelfth administrative examination and approval departments should implement centralized examination and approval, the examination and approval items will be concentrated in an internal organization, and the whole system will be stationed in the government service center, which will be responsible for the acceptance, handling and delivery of administrative examination and approval items in this department.

Thirteenth administrative examination and approval departments should be authorized to send a chief representative to the government service center, and the responsibility for examination and approval shall be borne by the chief representative and the authorized department.

The chief representative shall be the director of the administrative examination and approval department, and shall be responsible for the organization and implementation of the examination and approval items of this department.

Fourteenth joint examination and approval of fixed assets investment projects, the implementation of unified registration, joint survey, joint plan review, joint acceptance, rapid coordination, synchronous examination and approval of the operating mechanism. Other projects are gradually subject to joint examination and approval.

Fifteenth administrative examination and approval departments should implement a time-limited examination and approval system. Urgent matters shall be solved by the chief representative on the spot; The chief representative shall solve the commitments within the commitment period. Commitments that need expert argumentation, collective research and other procedures for examination and approval shall be organized and coordinated by the chief representative.

Sixteenth major investment projects, key projects and foreign investment (including Hong Kong, Macao and Taiwan) and foreign investment projects, to provide green channel services, by the municipal government office unified organization and coordination, major issues by the municipal government held a special meeting to coordinate.

Seventeenth in the city administrative service center to implement the whole process of major projects, to provide high-quality, efficient and convenient agency services.

Chapter IV Management of Online Examination and Approval

Eighteenth follow the principle of paying equal attention to network security protection and management, and gradually establish an online examination and approval system according to the requirements of external network acceptance, private network handling, external network feedback and whole process supervision.

The applicant conducts inquiry, consultation, declaration and pre-trial through the external network; The implementation department of administrative examination and approval accepts examination and approval, transmits information and examines and approves in the private network; After the examination and approval items are approved online, they can be distributed at the scene of the government service center.

Article 19 Paperless examination and approval. The application for examination and approval shall use electronic documents. If the electronic documents cannot meet the requirements, paper materials may be used.

Twentieth unified online examination and approval technical standards, promote the online examination and approval system and various departments, counties (cities, districts), development zone interconnection, business collaboration, linkage, information sharing.

Twenty-first gradually establish a mobile examination and approval system. Through the mobile intelligent terminal, log in to the electronic examination and approval network system to understand the progress and results of examination and approval, realize online newspaper signing and supervise major projects in real time.

Twenty-second establish an electronic monitoring system for administrative examination and approval covering all levels of government service centers and professional halls in the city, and monitor the whole process of examination and approval in real time.

Chapter V Management of Approval Process

Article 23 The examination and approval process includes consultation and pre-trial, declaration and acceptance, examination and review, examination and approval and submission, completion and delivery, etc.

Twenty-fourth in the municipal administrative service center to provide free application form text, and the administrative examination and approval guide and application form text published in the window and its website.

Twenty-fifth applicants can apply for administrative examination and approval and submit application materials through the municipal administrative service center or its website.

Joint examination and approval matters shall be uniformly registered by the comprehensive service window of the municipal administrative service center, and shall be started regularly and delivered to the examination and approval decision.

Twenty-sixth administrative examination and approval to implement the first question responsibility system and one-time notification system. If each window decides to accept, reject, correct, return or suspend the timing, it shall issue a one-time notice and explain the reasons.

Twenty-seventh the applicant has any objection to the written notice of each window of the administrative service center, and may apply to the municipal administrative office for review.

Twenty-eighth administrative examination and approval shall use the special seal for administrative examination and approval, and the special seal for administrative examination and approval shall be put on record.

Twenty-ninth the implementation and results of administrative examination and approval, except those involving state secrets, commercial secrets or personal privacy, shall be made public and allowed to be inquired by administrative counterparts.

Chapter VI Management of Examination and Approval Expenses

Thirtieth to enter the administrative service center for administrative examination and approval, involving the payment of administrative fees or government funds, should be paid in the financial collection window stationed in the administrative service center.

Thirty-first fixed assets investment projects should pay administrative fees, the amount receivable by the comprehensive service window unified approval, the implementation of a one-vote system.

Thirty-second when collecting administrative fees, you should show the license issued by the price department and use the bills printed by the financial department.

Chapter VII Administration of Government Affairs Service Center

Thirty-third municipal government affairs office should strengthen the construction of government service center system, improve the management system and operation mechanism of government service center, and improve the management service level of government service center.

Article 34 The government affairs office of the municipal government shall strengthen the standardization construction of the work of the government service center, formulate standardized government service norms and operating rules, establish a unified government service standardization system in the whole city, and ensure the orderly operation, standardized management, openness, transparency, efficiency and integrity of the government service work.

Thirty-fifth administrative examination and approval departments should send people who are familiar with business and have strong ambition to work in the municipal administrative service center, and keep the personnel relatively stable. If adjustment is needed, it must be approved by the municipal administrative office.

Thirty-sixth staff stationed in the government service center are under the dual management of the unit and the municipal government office. The treatment of the unit remains unchanged, and the daily work and performance appraisal are organized and implemented by the municipal government office. The evaluation results are included in the annual assessment system of the dispatched units.

Chapter VIII Supervision and Guarantee

Article 37 The administrative office of the municipal government shall strengthen the daily management of the municipal administrative service center, and carry out on-site inspections and spot checks, self-examination of window units, evaluation of clients, supervision and inspection of morals, etc. , thus promoting the improvement of service quality and level.

Article 38 The Municipal Affairs Office regularly conducts comprehensive evaluation on the administrative examination and approval work, and the evaluation results are sent to the relevant administrative examination and approval implementation departments, and are included in the evaluation of the city's annual work objectives, the evaluation of the responsibility system for building a clean and honest government, the performance evaluation of administrative organs and the scope of democratic appraisal.

Thirty-ninth municipal legal department is responsible for the supervision and inspection of administrative examination and approval law enforcement, and centralized acceptance of administrative reconsideration matters related to administrative examination and approval in the administrative service center.

Fortieth city supervision organs should be stationed in the city administrative service center inspection room, the application of administrative examination and approval electronic monitoring system to supervise the implementation of administrative examination and approval, and investigate and deal with inaction, slow action and violations of law.

Article 41 The implementation and management of administrative examination and approval shall consciously accept the supervision of deputies to the National People's Congress, CPPCC, the public and the news media.

Forty-second administrative examination and approval departments and their staff in violation of these measures, the municipal government office shall order them to make corrections within a time limit, and if they fail to make corrections within the time limit, the supervisory organs shall investigate their responsibilities, and if the case constitutes a crime, they shall be investigated for criminal responsibility according to law.

Chapter IX Supplementary Provisions

Forty-third counties (cities, districts), development zone administrative examination and approval management with reference to these measures.

Article 44 The implementation and management of public service matters shall be implemented with reference to these Measures.

Article 45 These Measures shall come into force as of 20 12 10 1. The Interim Measures for the Administration of Government Affairs Hall in Taiyuan City issued by Taiyuan Municipal People's Government in June 5438+1October 265438+1October 2003 shall be abolished at the same time. Decree of Taiyuan Municipal People's Government

No.37

The "Regulations on the Openness of Government Affairs of Taiyuan Municipal Government" has been adopted at the15th executive meeting of the Municipal People's Government on May 28, 2003, and is hereby promulgated and shall come into force 30 days after the date of promulgation.

Mayor of Li Ronghuai

June 3(rd), 2003

Chapter I General Principles

Article 1 In order to further standardize the openness of government affairs, promote social integrity with the integrity of government affairs, promote administration according to law, strengthen social and mass supervision, and guarantee the right to know and participate of individuals, legal persons and other organizations, these Provisions are formulated in accordance with the provisions of relevant national laws and regulations and combined with the actual situation of this Municipality.

Article 2 The term "openness of government affairs" as mentioned in these Provisions refers to an administrative management mode in which people's governments at all levels, their functional departments and organizations exercising administrative power according to law disclose the basis, process and results of the operation of administrative power to the public for the convenience of individuals, legal persons or other organizations.

Article 3 These Provisions shall apply to the openness of government affairs within the administrative area of Taiyuan City.

Article 4 People's governments at all levels and their functional departments, as well as organizations (working departments, institutions, grass-roots offices, teams and stations) exercising administrative functions and powers according to law, are obligors of making government affairs public (hereinafter referred to as obligors) and have the obligation to make government affairs public according to law.

Individuals, legal persons or other organizations are the obligees (hereinafter referred to as obligees) who obtain the contents of government affairs disclosure according to law, and enjoy the right to supervise the obligors of government affairs disclosure.

Article 5 The general offices (offices) of the people's governments at all levels are the competent institutions for making government affairs public, and are responsible for organizing the implementation of these Provisions.

The legal institutions and supervision departments of the people's governments at all levels shall supervise the implementation of these Provisions in accordance with their respective responsibilities.

Article 6 The principle of publicity is to make government affairs public, except for non-publicity. Publicity should follow the principles of legality, truthfulness, timeliness, impartiality and convenience for supervision.

Seventh public or access to government information, shall not infringe upon the privacy, business secrets, state secrets and other social interests.

No individual, legal person or other organization may illegally obstruct or restrict the obligor's activities of opening government affairs, and the obligee shall exercise the right to obtain the contents of opening government affairs according to law.

Article 8 The people's governments at all levels shall include the funds needed for the publicity of government affairs into the annual budget to ensure the normal progress of the publicity of government affairs.

Article 9 No fees shall be charged for the publicity of government affairs, except as otherwise provided by laws, regulations or rules.

Chapter II Content Disclosure

Article 10 The obligor shall voluntarily disclose the following rights:

(a) the formulation, implementation and completion of the social and economic development strategy, development plan and work objectives of the administrative region;

(two) the government's institutional setup, function determination and basis;

(3) Major decisions concerning the overall situation;

(four) government regulations, other normative documents and policy measures;

(five) administrative authority, service scope, basis, procedures, standards, commitments and results;

(6) Major local emergencies and their handling;

(seven) the important matters promised and their completion;

(eight) other government affairs that should be made public.

Eleventh obligors should take the initiative to disclose the following contents of financial rights to the public:

(a) the annual budget report of the government adopted by the people's congress at the corresponding level and its implementation;

(2) Social welfare undertakings invested by the government;

(three) the allocation of funds for major issues;

(4) Bidding and purchasing of major materials, property right transaction of state-owned assets, and bidding and tendering of capital construction projects;

(5) Important audit results;

(six) other government affairs that should be made public.

Article 12 An obligor shall voluntarily disclose the following contents of personnel rights to the public:

(a) the division of labor and adjustment of leading members of the government;

(two) the appointment and removal, adjustment and annual assessment results of cadres at or above the county level in government departments and directly affiliated institutions;

(three) matters related to the recruitment of civil servants;

(four) the reform of government institutions and personnel distribution;

(five) other government affairs that should be made public.

Article 13 The obligor shall voluntarily disclose the following contents:

(a) the subject of administrative behavior;

(2) The basis of the administrative act;

(3) Procedures for administrative acts;

(4) the time limit for the administrative act;

(five) the way and time limit of relief;

(six) other matters that should be informed according to law.

Article 14 When making a decision on administrative punishment, the obligor shall actively inform the administrative counterpart of the following contents:

The subject of punishment;

(2) Punishment procedures;

(3) the basis of punishment;

(four) the main facts and reasons for punishment;

(5) the punishment result;

(six) the way and time limit of relief;

(seven) other matters that should be informed according to law.

Article 15 The obligor shall voluntarily disclose the following contents of internal affairs:

(1) Integrity and self-discipline of leading members;

(2) Internal financial revenue and expenditure;

(three) personnel management and cadre selection and adjustment, promotion, rewards and punishments, etc.;

(four) the use of hospitality and travel expenses;

(five) the results of internal audit;

(six) other matters involving the vital interests of employees.

Article 16 The obligee has the right to apply to the obligor for disclosure of other government affairs other than those in Articles 10 to 15 of these Provisions, and the obligor shall disclose them to the obligee according to the application.

Chapter III Disclosure Methods

Seventeenth ways to promote the openness of government affairs should be flexible and diverse according to local conditions, with the principle of being eye-catching, easy to understand, convenient, efficient and fast.

Eighteenth open government affairs should be based on the characteristics of open government affairs, take one or more of the following ways:

(a) to establish a unified government website;

(two) published in the government gazette on a regular basis, and publicly issued;

(three) the use of newspapers, radio, television and other media for publication;

(four) the establishment of public affairs hall, public column, table card, badge, electronic display screen, electronic touch screen;

(5) distributing brochures and cards;

(6) Holding government press conferences and hearings regularly or irregularly;

(seven) the opening of government affairs public service hotline;

(eight) other forms that are convenient for the public to know.

Nineteenth according to the provisions of article fourteenth of the public affairs, should be carried out in the following ways:

(a) before making administrative punishment, show the effective law enforcement certificate to the administrative counterpart, and inform the administrative counterpart of the corresponding rights and obligations, applicable procedures and the legal basis for making a decision in writing or orally in advance.

(two) after the administrative punishment is made, the law enforcement documents are made public. Law enforcement documents shall specify the contents stipulated in Article 15 of these Provisions.

Article 20 The disclosure of internal affairs in accordance with Article 15 of these Provisions shall be conducted in an appropriate manner according to the actual situation of the obligor.

Twenty-first matters involving the vital interests of individuals or organizations, or matters that have great social impact, should implement the system of pre-publicity before formal decision-making, and the decision-making department should announce the proposed scheme or draft to the public, and make a decision after fully listening to opinions and making necessary adjustments.

Chapter IV Open Procedures

Article 22 If the obligor fails to voluntarily perform the obligation of publicity to the society, the creditor may require the obligor to perform it in writing or in other forms; The obligor shall make it public to the public within 7 working days from the date of receiving the application for publicity. Where the contents of the creditor's application for disclosure have been made public, the obligor shall give guidance.

Article 23 If the obligor fails to voluntarily perform the obligation of publicity as stipulated in Article 14, the administrative counterpart may ask the obligor to perform it at any time, and the obligor shall immediately disclose it to the administrative counterpart.

Article 24 If the debtor does not voluntarily perform the obligation of publicity as stipulated in Article 15, the creditor may apply to require the debtor to perform it; The obligor shall publicize it within 5 working days from the date of receiving the application, and inform the applicant of the time, place and method of publicity in time.

Article 25 Where a creditor applies for publicity in accordance with the provisions of Article 16 of these Regulations, the obligor shall, within 3 working days after receiving the application, serve the creditor with a decision on whether or not to publicize. If the obligor decides to make it public, it shall specify the time, place and method of making it public in the written decision; If the decision is partially made public or not, the reasons shall be explained in the public decision. The publicity time shall not exceed 7 working days from the date of making the publicity decision.

The application shall include the following contents:

(1) Basic information of the applicant, including name, address, identity certificate and contact information, etc. ;

(two) the specific contents of the application for disclosure;

(3) The signature or seal of the applicant;

(4) application time.

Where an oral application is made, the obligor shall make a written record.

Twenty-sixth government affairs content has not yet been determined whether it belongs to the scope of state secrets, by the organizer to put forward specific opinions, after approval by the competent leadership, in accordance with the confidentiality provisions of the time limit and procedures, to suspend the public.

After the nature or classification of government affairs to be suspended is determined, it shall be made public in accordance with the relevant requirements of these Provisions.

Twenty-seventh obligors according to the provisions of the disclosure of government affairs, can only charge the obligee for retrieval, copying and other fees, and shall not charge other fees.

Chapter V Supervision and Investigation

Twenty-eighth people's governments at all levels in charge of government affairs disclosure mainly through the following ways to supervise and inspect the work of government affairs disclosure:

(a) regularly or irregularly check the openness of government affairs of all obligors;

(two) to carry out appraisal activities within the obligor and listen to the opinions of its staff on the work of making government affairs public;

(three) in the form of unannounced visits, timely understanding of the implementation of the obligation of openness in government affairs;

(four) through the democratic discussion day, in the form of letters, questionnaires and other forms to the right holder. , listen to opinions and suggestions from all sectors of society;

(five) in the form of public briefings, timely notification of the relevant situation;

(six) the establishment of public complaints, reporting telephone and suggestion box, timely inform the complaints and informants handling.

Twenty-ninth departments of the people's governments at all levels responsible for the publicity of government affairs regularly evaluate the publicity of government affairs at the same level and at lower levels.

Thirtieth one of the following acts, by the supervision department and other departments depending on the circumstances to give direct responsibility for criticism or administrative sanctions; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law:

(a) in violation of the provisions of the contents, methods, procedures and time limit;

(2) Violating confidentiality laws and regulations;

(3) disclosing false government affairs.

Article 31 An obligor who conceals or provides false government affairs contents and causes economic losses to the obligee or a third party shall be liable for compensation.

Thirty-second obligors for publicity of government affairs who violate the relevant laws, regulations or rules shall be ordered by the competent departments, supervision departments or legal institutions of the people's governments at all levels to make corrections within a time limit. If no correction is made within the time limit, informed criticism shall be given, and the administrative responsibility of the principal responsible person shall be investigated; The obligee may bring administrative reconsideration and administrative litigation according to law.

Chapter VI Supplementary Provisions

Thirty-third specific issues of these Provisions shall be interpreted by the Legislative Affairs Office of the Municipal People's Government.

Article 34 These Provisions shall come into force 30 days after the date of promulgation.