(Decree No. 216 of Shenzhen Municipal People’s Government Promulgated on March 19, 2010)
Chapter One General Principles
Article 1 In order to regulate the acts of setting and providing the administrative services and promote the transformation of government functions and the construction of service-oriented government, these rules are formulated.
Article 2 The administrative service in these rules refers to the acts that the administrative organs perform to help citizens, legal persons or other organizations handle the affairs according to their requests in order to fulfill their statutory duties. But the following acts that they perform are not included:
(1) the administrative examination and approval (including the examination and approval and the registration of administrative licensing and non-administrative licensing approval and registration, similarly hereinafter), the administrative reconsideration and the administrative compensation, which the citizens, legal persons or other organizations apply for;
(2) the urban management, the environmental protection, the health and other public services that the administrative organs provide to fulfill their statutory duties.
Article 3 These rules shall apply to the administrative services provided, supervised and inspected by Shenzhen municipal administrative organs (hereinafter referred to as the administrative organs) within the scope of their duties.
The administrative organs are encouraged to provide more administrative services. The rules are not applicable to the acts that the administrative organs perform to volunteer the related services out of their statutory duties by request of citizens, legal persons or other organizations.
Article 4 If the administrative organ sets and provides the administrative services, it shall follow out the people-oriented purpose, follow the principles of convenience, high quality and efficiency, and satisfy the requirements of the transformation of government functions and of deepening the reform of administrative management system.
Article 5 The procedures of the administrative services provided by the administrative organ shall be simplified. The administrative services can not be dealt with as the matters of the administrative examination and approval. Any requirements made for the administrative services shall be dealt with, if they comply with the provisions.
Chapter Two Setting of Administrative Services
Article 6 The administrative services shall be set for the following matters:
(1) to provide government information;
(2) to provide temporary social assistance;
(3) to provide employment and reemployment training;
(4) to provide filing or registration that does not belong to the administrative examination and approval;
(5) to provide necessary administrative assistances for access to the administrative examination and approval or industry certification;
(6) to issue the relevant certificates, or to replace, renew and cancel the relevant credentials in accordance with the law without the approval;
(7) to provide assistance for judicial paperwork or arbitral award enforcement;
(8) other matters that need the assistances of the administrative organs according to the law.
Article 7 The administrative services are set in accordance with the laws, regulations, rules or administrative normative documents (hereinafter referred to as the normative documents).
The normative documents drawn up by the municipal and district government organs for administrative services shall be reported to the relevant legislative affairs organs at the same level for review and promulgated in accordance with relevant provisions after the examination. The normative documents drawn up by the district government for administrative services shall be submitted to the municipal legislative affairs organ for review and promulgated in accordance with relevant provisions after the examination.
Article 8 The administrative organs shall further deepen the reform of administrative examination and approval system, reduce the administrative examination and approval, and increase the administrative services. The matters that can be set either for the administrative examination and approval or for the administrative services shall be set for the latter. However, if it is otherwise provided for in any other law and regulation, the latter shall prevail.
The matters of the administrative examination and approval that have been canceled in accordance with legal procedures can be set for the administrative services according to the social needs.
Article 9 The administrative organ shall solicit the social public views in the process of drafting laws, regulations or normative documents. It shall study seriously and accept the proposals of setting administrative services made by the public; if the proposals are not accepted, they shall explain the reasons in the drafting instruction.
Article 10 The administrative organ shall, according to the statutory duties, provide administrative services, and submit them for examination and approval and for promulgation in accordance with the procedures prescribed in this article.
The administrative services that the organs of Shenzhen Municipal People’s Government (hereinafter referred to as the municipal government) plan to provide shall be sent to the municipal legislative affairs organ for examination, and after the examination they shall be submitted to the municipal government for approval. The administrative services that Shenzhen municipal district people’s governments (hereinafter referred to as the district governments) plan to provide shall be sent to the district legislative affairs organs for examination and then submitted to the district government for approval. Before the approval of the district government, it shall seek advice from the municipal legislative affairs organ. The municipal legislative affairs organ shall propose unified coordinated opinions on the proposed administrative services. The municipal legislative affairs organ shall, in the review of administrative services, consult with the municipal organization establishment organ at the corresponding level.
The administrative organs shall promulgate the administrative services after examination and approval in a timely manner in the government gazette at the corresponding level and in the public information network of the corresponding government and department at the same time.
Article 11 If the administrative organs plan to increase, cancel or adjust the administrative services, they shall deal with them in accordance with the procedures prescribed in Article 10
Article 12 If the municipal legislative affairs organ thinks, based on the actual situation of constructing service-type government, that it is necessary to increase, cancel or adjust the administrative services, it shall, jointly with the municipal organization establishment organ, solicit the opinions of the relevant organs and deal with them in accordance with the relevant legal procedures.
Article 13 Citizens, legal persons or other organizations may put forward opinions and suggestions on setting and providing administrative services to the administrative organs that provide them by means of letter, fax, e-mail and others.
Chapter Three Organs and Ways of Providing Administrative Services
Article 14 The administrative organs shall provide administrative services within the scope of their statutory duties in accordance with the provisions of the rules.
Article 15 The organizations with the management of public affairs functions authorized by laws and regulations shall provide administrative services within the authorized scope in their own names. The provisions concerning the administrative organs shall be applicable to the authorized organizations.
Article 16 The administrative organs may entrust any other administrative organ or an organization with public management functions, an industry association and a non-profit and non-governmental organization (hereinafter referred to as the entrusted entity)within its statutory functions with providing administrative services (hereinafter referred to as the entrusted administrative services).
The administrative organs are encouraged to entrust grass-roots organizations with providing administrative services.
Article 17 If the administrative organ entrusts its administrative services, it shall make the entrustment agreements with the entrusted entity, defining the entrusted services, contents and terms. And it shall promulgate the entrusted entity and the entrusted administrative services in the corresponding government gazette and in the corresponding government and department public information network. The entrustment agreement shall be reported to the corresponding government legislative organ for the record within 10 working days from the date of conclusion.
The entrusting administrative organ shall be responsible for supervision over and guidance to the entrusted entities, and bear the corresponding legal responsibility for their consequences.
The entrusted entity shall, within the authorized scope and in the entrusting organ’s name, provide administrative services; the entrusted entity shall not entrust other organizations or individuals with the administrative services.
Article 18 The administrative organs can deliver the administrative services over to the legal person or other organization that meet the requirements (hereinafter referred to as the buyer) by means of purchasing services.
Article 19 If the administrative organs provide administrative services by means of purchasing services, they shall work out the related programs in advance, which shall be submitted to the corresponding finance organs for examination.
Article 20 If the administrative organ provides administrative services by means of purchasing services, it shall do so in accordance with the relevant provisions of the government procurement.
Article 21 If the administrative organ provides administrative services by means of purchasing services, it shall sign a purchase contract of providing administrative services (hereinafter referred to as the purchase contract), defining services, terms, quality, purchase prices and payment, service objects and ways, and liability for breaching the contract, which the units being purchased shall propose.
The administrative organs shall, before signing the purchase contract, send the draft text of the contract and the relevant materials to the corresponding legislative affairs organ for review.
After the purchase contract is signed, it shall be promulgated in the government gazette and public information network at the corresponding level, in the corresponding department public information network and in the public information network of the units being purchased.
Article 22 If the unit being purchased provides the services prescribed in the purchase contract in its own name, it shall bear the corresponding civil liabilities of the consequences resulting from the acts. Without the agreement of the purchase administrative organ, the unit being purchased cannot entrust the purchase contract with, assigned for or transferred to other organizations or individuals.
When the unit being purchased provides services defined in the purchase contract, it shall specify that the services belong to the administrative services bought from the administrative organs.
Article 23 The municipal and district governments may, according to principles of simplification, consistency and efficiency, legally designate an administrative organ to perform the administrative service obligations for the other relevant administrative organs.
Article 24 If it is necessary to set up more than one department to deal with the administrative services in an administrative organ, the administrative organ shall establish a unified body to deal with the administrative service applications and so it can have the administrative services provided to the applicant in a unified way.
If more than two government organs are needed to provide administrative services respectively in accordance with the law, the corresponding people’s government may designate one organ to accept the application and inform the relevant organs respectively to provide some help, or organize the relevant organs to handle them in a joint and concentrated way.
Article 25 The municipal and district governments shall set up the administration service halls to create the conditions for the administrative organs to provide administrative services in a joint and concentrated way. The government administrative organs shall designate personnel in the service hall for providing administrative services.
The administrative organ can, according to the principle of convenience and the needs of the present administrative organs, provide administrative services in other locations.
The unit being purchased to provide administrative services may, according to the principle of convenience, deal with the matters of providing services in its own or other locations.
Chapter Four Procedures of Administrative Services
Section 1 General Provisions
Article 26 The administrative organ shall work out a way for every administrative service that it provides as the basis to provide administrative services.
The way of providing administrative services shall conform to the relevant laws, regulations, rules, and normative documents for setting and providing administrative services.
The administrative organ shall provide administrative services in accordance with the published ways of providing administrative services.
Article 27 The municipal legislative affairs organ is responsible for the formulation of rules and unified formats for working out the ways of providing administrative services to guide all the municipal administrative organs to develop the ways of providing administrative services.
Article 28 The ways of providing the administrative services include the following:
(1) contents of administrative services;
(2) administrative service objects;
(3) basis of setting administrative services;
(4) means of application and materials;
(5) acceptance organs and places;
(6) service providing organs;
(7) service providing method and time limit;
(8) certificates and valid period;
(9) fees and charges and their basis;
(10) others.
Article 29 The municipal government and district government organs provide the same administrative services and the district governments provide the same administrative services, and then the way of providing the administrative services shall be determined by the municipal competent organs in a unified way.
Article 30 The ways of providing administrative services worked out by the administrative organs shall be examined and approved by the corresponding government legislative affairs organs representing the corresponding government. If they come up to the requirements of these rules, they shall be promulgated in the corresponding government gazette and public information network at the corresponding level, and in the corresponding department public information network.
The ways of providing administrative services worked out in accordance with the provisions of Article 29 shall also be promulgated in public information network of the district government organs that provide the administrative services.
If the administrative organ amends or abolishes the ways of providing administrative services, it shall follow the procedures prescribed in the previous article.
Article 31 If citizens, legal persons or other organizations think that the ways of providing administrative services are unreasonable and do not conform to the administrative service setting basis, they may report to the administrative service provider. If the administrative service provider believes that the views are well-grounded, it shall make a timely modification of the ways of providing administrative services in accordance with the required procedure.
Article 32 The administrative organs can publish the guide books to administrative services according to the principle of convenience to inform the applicant of the matters that require attention for administrative services.
Article 33 The administrative organ shall have the laws, regulations, rules, regulations or normative documents related to administrative services promulgated in its public information network for the public to download the full text for free.
Article 34 The administrative organ shall simplify the administrative service providing procedures, reduce the providing links, shorten the providing time, and pursue the innovated means of accepting and providing the administrative services by using the internet, telephone, fax or mail.
Article 35 If the administrative organs need to suspend providing administrative services due to special reasons, it shall be subject to the review of the corresponding government legislative affairs organ and then be reported to the corresponding government for approval.
Article 36 If the administrative organ suspends the administrative services after approval, it shall promulgate the suspension announcement in the corresponding government public information network and its own public information network as well as at the administrative services acceptance places to state the reason and duration. Only after the announcement has been made can the administrative services be suspended.
The maximum suspension duration of administrative services by the administrative organ is six months. An extension of the duration shall be dealt with in accordance with the provisions of Article 35 and the preceding paragraph of this article. The administrative organ cannot declare the indefinite suspension of providing administrative services.
Article 37 The procedures of this chapter are not applicable to providing administrative services by purchase except as provided in this chapter. The unit being purchased shall formulate the related ways of providing services, report them to the buyer ---- the administrative service organ for the record, promulgate in its own and the buyer’s public information networks, and provide services according to published ways.
The unit being purchased provides the services defined in the purchase contract shall follow the principle of convenience, quality, and efficiency, simplify the procedures, and improve service style and attitude.
Section 2 Application and Acceptance
Article 38 If citizens, legal persons or other organizations require the administrative organ to provide administrative services, they shall apply to the administrative organ that accepts the application.
An applicant for administrative services shall faithfully give the information to the administrative organ, and if written application materials are needed, he or she shall be responsible for the authenticity of the contents of the application documents.
The administrative service acceptance organ shall not require the applicant to submit the written application materials if they are not needed or not specified according to the ways of proving administrative services.
The applicant may entrust an agent with the administrative service application. However, it is an exception that the applicant shall apply in person in accordance with the law.
Article 39 The formatted texts, tables, contracts and other materials of the application supplied and required by the administrative organs shall be published in their public information network for free download.
Applicants can use the specified copies of the formatted texts, tables, contracts and other materials of the application from administrative organs or download from their public information networks. However, if it is otherwise provided for in any other law and regulation, the latter shall prevail.
Article 40 The administrative organs shall deal with the administrative service applications respectively according to the following circumstances:
(1) If anything that the applicant applies for is relating to administrative examination and approval, the applicant shall be informed to make the administrative approval application in accordance with the relevant provisions;
(2) If the application item is not within the administrative organ’s scope of duties, the organ shall immediately notify the applicant that the application will not be attended to and what organs shall accept it; but if the applicant is for temporary relief or in special difficulties, the organ shall help him or her apply to the acceptance organ;
(3) If it is not necessary to submit the application materials for matters within the scope of the administrative organ’s duties, or if the application materials are complete, the administrative organ shall accept them. If there are some faults in the application materials which may be corrected on the spot, the applicant shall be allowed to correct them on the spot; after the correction, they shall be accepted. For the accepted application, the organ shall issue a receipt according to the ways of providing administrative services;
(4) If the application materials are incomplete or inconsistent with the statutory forms, the applicant shall be immediately informed at one time of all the contents to be supplemented within three working days. If the applicant fails to be informed, the date of receiving the application materials shall be taken as the acceptance date.
Article 41 The date when the administrative organ receives the administrative service application shall be the application acceptance date.
If the applicant supplements the application materials according to the administrative organ’s notice, that acceptance date shall be taken as the date when the applicant submits the complete materials in accordance with the provisions.
Section 3 Verification and Decision
Article 42 If the application comes up to the ways of providing the administrative services, the administrative organ shall make a decision on the spot to provide administrative services.
If the administrative organ cannot make a decision on the spot to provide administrative services, it shall make a decision within five working days from the date of receiving the application and inform the applicant of it. If it cannot make a decision within the stated days, it can extend the decision for another five working days, approved by the responsible persons of the administrative organ, and shall inform the applicant of the reason for extending the time. If more working days are needed for the organ to make a decision on some specific issues, the administrative organ shall put forward the needed time and reason and report it to the corresponding government legislative affairs organ for examination and approval, all of which shall be prescribed in matters related to the ways of providing the administrative services.
If the administrative organ needs hearing, investigation, appraisal or publicity by law before it makes a decision, the time required shall not be calculated in the time stated above. However, if it is otherwise provided for in any other laws, regulations and rules on setting the administrative services, the latter shall prevail.
Article 43 If the administrative organ has made the decision to provide administrative services, it shall provide them in time. If the ways of providing the administrative services require issuing a written decision or other written materials, the organ shall issue it or them to the applicant.
If the administrative organ makes a decision not to provide administrative services, it shall issue a written decision stating the reasons, and inform the applicant of the rights to complain, apply for administrative reconsideration or bring an administrative lawsuit.
Article 44 If the administrative organ has made a decision to provide administrative services and needs to produce relevant documents, it shall issue and deliver the relevant documents with the seal of the administrative organ within five working days from the date when the decision is made. However, if it is otherwise provided for in any other laws, regulations and rules on setting the administrative services, the latter shall prevail.
Article 45 The administrative organ shall establish administrative service portfolio management system, and place on file the materials of the administrative service applications and decisions that shall be archived in accordance with the provisions.
Article 46 When the administrative organ provides administrative services, it shall not ask any applicant to buy the designated goods and to accept unreasonable requests such as paid services.
The personnel of an administrative organ for administrative services must not ask for or accept any goods, or seek any other interests.
Section 4 Administrative Service Fees
Article 47 The administrative organ must not charge for administrative services. However, if it is otherwise provided for in any other law, regulation and rule, the latter shall prevail.
The administrative organ must not charge for the format texts, tables, contracts and other materials of the administrative service application.
The provisions of the preceding two paragraphs of this article are applicable to the entrusted units or the units being purchased that provide administrative services.
Article 48 The funds for administrative organs to provide administrative services shall be included in the budgets of the administrative organs, guaranteed by the corresponding finance organ, and allocated in accordance with the approved budget.
Article 49 If the administrative organ charges for administrative services, it shall follow the provisions of the relevant laws, regulations, and rules on management of administrative fees.
Chapter Five Supervision and Inspection
Article 50 If the administrative organ does not to provide administrative services according to the law, citizens, legal persons or other organizations have the rights to complain, apply for administrative reconsideration or bring an administrative lawsuit.
Article 51 The administrative organ shall establish the administrative service complaints system, designate the internal administrative department to be responsible for accepting and handling the complaints about the administrative services that the administrative organ provides and those that are entrusted with or purchased. The administrative organ shall make public the complaints system, the complaints acceptance department, and the telephones and so on.
The complaint acceptance department shall investigate the complaints and handle them in a timely manner in accordance with the law.
Article 52 The supervision organ shall establish administrative service electronic monitoring system and bring the administrative services provided by the administrative organ into the electronic monitoring system for supervision.
Article 53 The supervision organ shall accept the reports and complaints that citizens, legal persons or other organizations make of administrative organs and their staff for not providing administrative services and it shall handle them according to the relevant provisions.
Article 54 The supervision organ can develop the specific provisions to monitor the administrative services provided by the administrative organs on the basis of the actual situation.
Article 55 The government legislative affairs organ is responsible for the supervision of the administrative services provided by the corresponding administrative organs, and guide the administrative organs to implement these rules.
If the government legislative affairs organ finds that the administrative organs do not perform or take the liberty of changing the ways of providing the administrative services, which brings about unfavorable influences on the applicant for administrative services, it shall order the administrative organs to correct; if the administrative organs do not correct, it shall report to the corresponding government for public criticism, hand them over to the corresponding supervision organ to investigate the responsible persons for administrative responsibility, and ask the government for the decision to revoke the changed contents.
Article 56 The administrative organs shall, in the first quarter of each year, report to the corresponding governments the administrative services that they provided last year, including the items of the services, the number of services, the complaints or the applications for administrative reconsideration and administrative litigation, and their results. The report shall be published in the public information network of the organs concerned.
The government legislative affairs organ shall organize inspections and evaluations over the administrative services that the corresponding administrative organs provide, analyze the annual report about administrative services that the administrative organs provide, study the related issues and put forward opinions and suggestions, and strengthen the supervision over and guidance to the administrative services. The government can, if necessary, entrust intermediary organizations with the administrative service quality assessment.
The administrative services provided by the administrative organs shall be included in the contents of evaluation of the construction of government ruled by law.
Article 57 If the administrative organ provides administrative services through purchase, it shall, in accordance with the law, supervise the administrative services provided by the units being purchased, and urge them to provide the services in accordance with the purchase contract.
The units being purchased shall, in the first quarter of each year, report to the purchase administrative organ the administrative services that they provided last year, including the items of the services, the number of services, the use of the funds, the complaints and their results. The report shall be published in the public information networks of the purchase organs and the units being purchased. If the administrative organ deems necessary, it can ask the unit being purchased to submit an audit report on the use of funds by the accounting firm.
Chapter Six Legal Liability
Article 58 If the administrative organ is in violation of the provisions of Article 7 and Article 10 that it does not set or provide the administrative services, it shall be ordered to correct by its superior organ or the corresponding relevant government organs, and the administrative organ and the relevant responsible persons shall be investigated for administrative responsibility.
Article 59 If the administrative organ and its staff are in violation of the provisions of these rules and have any of the following circumstances, they shall be ordered to correct by its superior administrative organ or the supervision organ, and the administrative organ and the relevant responsible persons shall be investigated for administrative responsibility:
(1) not to accept or provide the administrative service applications that are up to the statutory requirements, and not to provide administrative services in the statutory time limit;
(2) not to fulfill the obligations of informing the applicant in the process of accepting, verifying, and deciding the administrative services;
(3) not to issue the administrative service return receipt of the application in accordance with the provisions;
(4) not to provide the written materials or state the reasons for refusal decision on the administrative service application or on providing the administrative services in accordance with the provisions;
(5) not to perform the duties in accordance with the provisions;
(6) other violations of laws, regulations, rules and the present provisions.
Article 60 If any of the personnel of an administrative organ for administrative services extort or illegally accept the applicant’s goods or seek other illegitimate gains and perform other acts of administrative discipline violations, they shall be subject to administrative sanctions or legal liabilities; where crime is involved, they shall be referred to judicial organs for investigation in accordance with law.
Article 61 If the administrative organ takes its liberty of charging for administrative services, or charges not in accordance with the statutory items and standards of charges, its superior administrative organ or the supervision organ shall order it to correct and return the illegal fees, and the administrative organ and the relevant responsible persons shall be investigated for the administrative responsibility.
If anyone withdraws or divides privately in disguised form the fees collected for administrative services in accordance with the law, he or she shall be ordered to be refunded. The persons who are responsible may be subjected to administrative punishments and shall be transferred to the judicial organ for investigation in accordance with the law, in case when a crime has been committed:
Article 62 If the unit being purchased is in violation of the purchase contact and the relevant legal provisions in the process of providing the administrative services, the purchase administrative organ shall investigate its legal liability in accordance with the law.
Article 63 If the applicant conceals relevant information or provides false materials for administrative services, the administrative organ shall not accept or refuse to provide administrative services.
Article 64 If the applicant obtains administrative services and the related economic interests by cheating, bribery and other improper means that cause losses of the national interests, public interests or the interests of others, the administrative organ shall order it to return the benefits and compensate for economic losses; if the circumstances are serious enough to constitute a crime, the offender shall be transferred to the judicial organs for investigation.
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Chapter Seven Supplementary Provision
Article 64 These rules shall be implemented as of May 1, 2010.
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