| Interim Regulations
on the Examination and Approval of Foreign
Investment Procedures in Shenyang
Article1. The following regulations are formulated
with the aim to improve working efficiency, simplify procedures,
cut off red tape, standardize examination and improve behaviors,
transform the government functions and perform duties in compliance
with the law.
Article2. The examination and approval here refer
to the administration actions taken by relevant government organizations
when they execute examination, approval, registration, accreditation
and other management functions of the same nature (including initial
examination and filling, etc.) upon receiving applications from
a certain natural person, legal entity and /or other social organizations.
Article3. Rules for examination and approval procedures
must be set up in conformity with the law. Governments and relevant
organizations at different level must abide by the law and related
rules and regulations when they execute examination and approval
matters must be discussed at hearings organized by relevant legislative
bodies and be announced to the public.
Article4. The city government will make public announcements
in terms or increasing or reducing examination and approval items
before jan.10th every year.
Article5. The city government has established Administrative
Examination and Approval Service Hall (Hereby referred to as the
Service hall) in Heping District, Shenhe District, Shenhe District,
Dadong District, Dongling District, and Yuhong District, so that
governments at both city and district level could work together
in order to facilitate the process or examination and approval.
The Service Halls are co-managed by governments at both levels.
The Shenyang Administration Examination and Approval
Office set up by the municipal government is relevant affairs in
the Service Halls, and providing guidelines for examination and
approval.
The district governments should set up their administration
office inside the Service halls, and be responsible for the daily
management and logistice services.
Article6. All examination and approval matters the
are to by examined and approved by the city government, except those
under close-type control by the development zones or those already
entrusted to be taken care of by the district or county governments,
are to be handled in the Service Halls nearby.
The Shenyang Qipanshan Scenery and Tourism Development
Zone and the Shenyang Agriculture New & Hi-tech Development
Zone will handle these matters in the Service Hall in Dongling District,
Xinmin City and liaozhong County will handle these matters in the
Service Hall in Yuhong District, Kangping County, Faku county and
Xinchengzi Dictrict will handle these matters in the Service Hall
in Huanggu District, while Sujiatun District will handle these matters
in the Service Hall in Heping District.
Article7. The Service Halls will make Public the
following Items such as, law bases for the examination and approval,
items to be examined and approved, examination and approval procedures,
documents required, time promised to finish all the procedures,
charge standard and so on. Applicants could be fully aware of all
the examination and approval details throuth reading the service
gouidelines, checking at the rolling display screen, touching the
multi-media PC, asking for a service notice or visit the website
or the governments.
Article8. The Service Halls adopt the following systems
in handing examination and approval cases, such as (1) those that
could be completed on the spot must be done at once; (2) those that
could not be completed in a short while must be guaranteed to have
a certain of promise of time-limit; (3) those that might involve
two or more organizations for a united examination and approval
must be designated to one service window for acceptance and be completed
in the shored possible time; (4) those that might involve a pre-requisite
examination and approval form higher authority must be submitted
and reproted by the organization in charge of the service window
to the higher authority and handle the case form the very beginning
to the end ; (5) those that could not meet the requirement and could
not be approved must have a written explanation for the reason why
rejected and be advised that the applicants have the right to ask
for a recheck or go through administrative proceedings and place
a lawsuit.
Article9. The Service Halls adopt a system of ^all
documents at the service window ̄, that is applicants who send their
application for examination and approval, present the documents
required and pay the charges at the service window are entitled
to either get documents of approval at the window, or get a promise
of acceptance and get the documents of approval at the window at
a designated time.
Article10. The Service Halls adopt a consolidated
charges management system. All charges are to be in compliance with
the Charges Management Regulations on Charge items by the Examination
and Approval Offices. Whatever kind of charges must be paid at a
certain service window and be under a consolidate control.
Article11. The Service Halls adopt a close-end examination
and approval system, that is those that are no longer required to
be examined and approved should not be examined and approved andy
longer, those that could be examined and approved at the Service
Halls should not be examined and approved at other places.
Article12. The Service Halls adopt a supervision
system. There are complaint windows and informantis hot-line telephones
in every Service Hall. Supervising personnels form both the city
and district level are stationsed in the Service Halls, who are
to supervise the behaviors of various staffs from different organization
working at the windows in the Service Halls. Those who make bold
to create examination and approval items for their own interests,
those who don't follow the designated procedures during the examination
and approval process and those who continue to accept and execute
examination and approval at places other than the designated Service
Hall will face penalty or be punished according to the System of
Accountability on Administrative Approval Improprieties in shenyang
and the Honest Administration System for Staffs Working in the Administrative
Examination and Approval Service halls in Shenyang.
Article13. The Service Halls adopt a system of representatives.
Each administration and approval organization both at the city and
district level should assign a chief representative to the Service
Hall, to be responsible for the management and approval and be in
charge of other relevant affairs at the service window according
to their rights and responisbilities entitled.
Article14. The Service Halls adopt an executive responsibity
system. The executives of relevant organizations both at the city
and district level the have working staffs in the Service Hall are
held responsible for the Examination and approval. All these organization
to execute the overall management and coordination of examination
and approval.
Article15. The Service Halls adopt a special stamp
system. A special administrative approval stamp is to be marked
on the documents to show the completion of the examination and approval
process.
As to how to use this stamp, the Management Rules
on the Usage of the Special Administrative Approval Stamp are to
be followed.
Article16. The Service Halls adopt a consolidated
examination and approval system. If the examination and approval
involve pre-requisite approval from two or more organization, a
consolidated examination and approval is required so that examination
and checking procedures could be conducted at on time. The consolidated
examination and approval are to be organized and led by the chief
representatives from different organization. A consolidated meeting
is to be held by the concerned chief representatives for big and
important examination and approval projects.
Those who are supposed to attend the meeting should
be present on time and those who fail to be attend the meeting at
the designated time are deemed to agree and will be held responsible
for any consequences thus incured.
Article17. The Service Halls adopt a commitment system.
If it is confirmed that the examination and approval procedures
could be conducted and finished on the spot, the Service Halls are
fully committed in this case, in case that the procedures are to
be conducted and finished within a certain period of time, the chief
representatives of the organization will be responsible for the
coordination and management.
Article18. The Service Halls Adopt a document management
system. Documents are deemed to be presented completely if applicants
submitted all the documents required in compliance with the Service
Guidelines and the Information Notice. The Staffs working at the
service window have to make a registration of all the documents
and sign. In case the signed documents are lost or damaged, the
examinations are held responsible.
Article19. The staffs who are stationed in the Service
halls are under the leadership and supervision of both the Service
Hall Management Authority and the organization that they come form.
All staffs working in the Service Halls must abide by the Rules
on the Management of Shenyang Administrative Examination and Approval
Office and the Conduct Criteria for Staffs Working in Shenyang Administrative
Examination and Approval Service Hall, etc..
Article20. Organizations at the city level must try
to simplify the examination and approval procedures and entrust
relevant organizations at the district and county level to handle
them in accordancee with the policy of ^Simple procedures and high
efficiency ̄. Organizations at the city level must enhance their
function of designing, Providing guidelines, management and supervision
and be undertake the overall control.
Article21. The Service Halls must comply with the
requirements by the city government and take overall control over
the computer system, network, software, document filling ,the safety
of information, signature system and the examination and approval
details.
Article22. The City Administrative Examination and
Approval Management Office will establish a set of standard documents
and a management system for the procedures of examination and approval,
charges, roll book, quality control, security, sanitation, inspection,
fault investigation, anti-corruption, chief representative systems,
etc and make necessary and timely amendments and supplements accordingly.
Article23. Districts and counties, other than those
that have already set up Service Halls in compliance with the requirements
from the city government, may consummate their administrative examination
and approval procedures referring to this regulation and criteria.
Article24. The right for the explanation of this
regulation belongs to the Legal System office of the Municipal Government.
Article25. This regulation comes into effect the
day when it is published. |