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Measures of Guangzhou Municipality for the Administration of Administrative Filing

2024-04-10 16:18
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  (Issued on December 31, 2010 in accordance with Decree No. 50 of the People's Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No.132 of the People's Government of Guangzhou Municipality, amended for the second time on November 14, 2019 in accordance with Decree No. 168 of the People's Government of Guangzhou Municipality and amended for the third time on November 11, 2020 in accordance with Decree No. 176 of the People's Government of Guangzhou Municipality)

  Article 1.These Measures are formulated in accordance with relevant laws and regulations, in the light of the actual situation of this Municipality, and with a view to regulating the administration of administrative filing, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and ensuring and supervising the effective implementation of administration by administrative authorities.

  Article 2.The term "administrative filing" herein refers to the acts by which administrative authorities legally require citizens, legal persons and other organizations to submit relevant materials for their specific activities and file the submitted materials for future reference, in order to strengthen administrative supervision and management.

  Article 3.These Measures shall apply to the administration of administrative filing in this Municipality. Where there are other provisions in laws, regulations and rules, such other provisions shall prevail.

  These Measures are not applicable to the administration by relevant administrative authorities of filing with respect to the personnel, financial affairs, foreign affairs and other matters of other authorities or public institutions directly under the administration by such relevant administrative authorities.

  Article 4.The administration of administrative filing shall follow the principles of legality, reasonableness, fairness, openness, efficiency and convenience for the people.

  Article 5.The government rules and administrative normative documents of the Municipality may make specific provisions on the implementation of the administrative filing items set by laws and regulations, without prejudicing the rights of citizens, legal persons and other organizations or increasing their obligations.

  Article 6.Where specific provisions are to be made on administrative filing, the matters, implementing authorities, procedures, time limits, materials to be submitted and forms of submission for administrative filing shall be specified.

  The materials submitted for administrative filing shall be listed one by one, and shall not be replaced by other relevant materials. Materials unrelated to the filing matters and materials that can be obtained through the information sharing mechanism shall not be required to be submitted.

  Article 7.The authorities implementing administrative filing shall implement administrative filing in accordance with the procedures and time limits prescribed by laws, regulations, rules and administrative normative documents, and shall not implement administrative permission and administrative confirmation in disguise in the name of administrative filing.

  The authorities implementing administrative filing include the administrative authorities that implement the administrative records and the organizations with the function of managing public affairs.

  Article 8.Any organization empowered by laws and regulations to manage public affairs shall, within the scope of legal authorization, implement administrative filing in its own name.

  Within its purview and in accordance with the principle of convenience for the people, any authority implementing administrative filing may legally entrust the implementation of administrative filing to other administrative authorities or public institutions with the function of managing public affairs. The entrusting authority shall announce the entrusted administrative authorities or public institution and the entrusted contents.

  Article 9.The authorities implementing administrative filing shall publicize the matters, basis, procedure and time limits for administrative filing, as well as the catalogue of all materials to be submitted and the model texts for filing, in their respective offices, and on their respective websites and the relevant online publicity platforms of the Municipality.

  If a filing applicant requests the competent authority implementing administrative filing to state or explain the contents of the public announcement, the competent authority implementing administrative filing shall state and explain, and provide accurate and reliable information.

  Article 10.For any matter required by laws to be subject to administrative filing, citizens, legal persons or other organizations shall submit it for filing within the prescribed time limit.

  Article 11.Administrative filing may be done by letter, fax, electronic data exchange or e-mail.

  Where a standard text is required to submit documents, the competent authority implementing administrative filing shall provide the filing applicant with the standard text of the documents to be submitted for administrative filing, free of charge.

  Article 12.After verifying the submitted materials, the authority implementing administrative filing shall act according to the following circumstances:

  (1) If the submitted item does not require filing according to law or fall within the purview of the administrative authority, it shall immediately inform the filing applicant thereof and give justification. If the administrative filing authority can be identified, the filing applicant shall be informed of the name and contact information of the administrative authority;

  (2) If there are errors in the submitted materials that can be corrected on the spot, the filing applicant shall be allowed to make corrections on the spot. If the submitted materials are not complete or do not conform to the legal form, the filing applicant shall be informed of all the relevant materials that need to be supplemented or corrected at one time. If the filing applicant undertakes to supplement and correct the materials as required within the prescribed time limit, the administrative authority may act by reference to the provisions of item (3) of this paragraph;

  (3) If the submitted materials are complete and conform to the legal form, and the filing applicant submits the materials on the spot, the administrative authority shall issue a written receipt bearing the seal of the administrative authority, on the spot; if the filing applicant submits the materials in the manner described in the first paragraph of Article 11 of these Measures, the administrative authority shall inform the filing applicant in the form of written receipt, within 3 working days from the date of receiving the submitted materials.

  Article 13.If the contents of the matter for filing are changed, the filing applicant shall go through the procedures for filing changes with the original filing authority in accordance with the law. The original filing authority shall handle it in accordance with the provisions of Article 12 of these Measures.

  Article 14.If an administrative authority is required by law to grasp the relevant information about administrative filing in its administrative management activities, the authorities implementing administrative filing shall provide such information in time.

  The results of administrative filing shall be made public; however, for the filing matters involving any State secrets, trade secrets or personal privacy, as well as other filing matters that are not allowed to be disclosed according to law, the authorities implementing administrative filing shall abide by the relevant confidentiality rules.

  Article 15.Administrative authorities shall establish and improve their supervision system, legally make statistics on, archive and verify the materials for filing in time, and carry out follow-up supervision and inspection according to the verification.

  Article 16.If an administrative authority conducts follow-up inspection on the administrative filing items, it shall appoint two or more staff members to carry out such inspection according to law.

  The administrative authority may access the relevant materials of the filing applicant according to law.

  Article 17.Administrative authorities shall not charge any fees for the implementation of administrative filing.

  Article 18.The municipal and district judicial administrative departments shall establish and improve their supervision system and strengthen the supervision and inspection on the implementation by administrative authorities of administrative filing.

  Article 19.Any citizen, legal person or other organization shall have the right to complain to the administrative authority at a higher level or to the judicial administrative department at the corresponding level if the citizen, legal person or other organization, as the case may be, finds that an administrative authority has violated the law or improperly implemented the administrative filing items. The administrative authority that accepts the complaint shall verify and handle it in a timely manner and give a reply within thirty (30) days from the date of acceptance.

  Article 20.Where the application for administrative filing involves any of the following circumstances, the competent authority implementing administrative filing shall handle it according to law:

  (1) Any citizen, legal person or other organization fails to apply for or change the filing as required;

  (2) The filing applicant conceals the relevant information or provides false materials for filing;

  (3) The filing applicant fails to fulfill the promise to supplement or correct materials within the specified time limit.

  Article 21.If an administrative authority and its staff violate these Measures and involve one of the following circumstances, the competent authority shall order them to make corrections, and impose a disciplinary action on the leaders held accountable and persons directly responsible according to law:

  (1) Failing to approve or delaying in handling the application for administrative filling if the materials submitted are complete and conform to the legal form;

  (2) Accepting the application for administrative filling if the materials submitted are incomplete or do not conform to the legal form;

  (3) Failing to publicize the materials that are required by law to be publicized in office places, on websites or on relevant online platforms of the Municipality;

  (4) Failing to inform, as required and at one time, the filing applicant of all the contents that must be supplemented and corrected;

  (5) Accepting or failing to deal with the case in a timely manner after knowing that the filing applicant conceals the relevant information or provides false materials;

  (6) The administrative authority's charging fees for implementation of administrative filing, without authorization;

  (7) Failing to comply with the relevant confidentiality rules.

  Article 22.These Measures shall come into force on March 1, 2011.