The people's governments of all districts, cities and counties, the administrative committees of the pilot districts, the commissions of the municipal government, the agencies directly under the municipal government, and the relevant units:
'Dalian Municipal Government Service Shortage Acceptance Measures' has been deliberated and adopted by the 74th Executive Meeting of the 16th Dalian Municipal People's Government and is hereby printed and distributed to you, please earnestly implement it.
Dalian Municipal People's Government Office
June 7, 2020
Measures of Dalian Municipality on Government Service Shortage Acceptance
Article 1 In order to deepen the reform of 'streamline administration, delegate powers and improved regulation and service' and optimize the business environment, according to the Administrative License Law of the People's Republic of China The spirit of the Notice issued by the General Office of the CPC Central Committee and the General Office of the State Council on Further Promoting the Convenience of Examination and Approval Services (No.22 [2018] of the General Office of the State Council) and the Guiding Opinions of the General Office of the State Council on Accelerating the Construction of Social Credit System and Building a New Credit-based Supervision Mechanism (No.35 [2019] of the State Council), These Measures are formulated in combination with the actual situation in Dalian.
Article 2 These Measures shall apply to Dalian's government service departments at all levels in handling government service matters that are not completed on the spot for citizens, legal persons or other organizations (hereinafter referred to as applicants).
The term 'government service departments' as mentioned in these Measures refers to Dalian municipal government departments at all levels, departments listed in the sequence of Party committee work organizations that undertake administrative functions according to law, enterprises, institutions and other organizations entrusted by laws, regulations and rules with the function of managing public affairs.
The term 'government service matters according to application' as mentioned in these Measures includes administrative license, administrative payment, administrative confirmation, other administrative power matters according to application and public service matters.
Article 3 The term 'Shortage Acceptance' refers to the provision of the right to meet the basic conditions, complete the main application materials and conform to the legal form. However, for government services that lack secondary conditions or application materials, After the applicant has made corresponding commitments, The government service department will accept the case first, and inform the materials that need to be corrected, the form of correction, the time limit for correction and the treatment methods for overdue correction at one time on the spot. After the applicant corrects the materials, the government service department will issue timely opinions on the handling results within the promised time limit, and will issue relevant approval documents and licenses in accordance with the conditions.
Article 4 Shortage Acceptance is based on the principle of voluntary application by the applicant. If the applicant is unwilling to apply for Shortage Acceptance in government service matters subject to Shortage Acceptance, the government service department shall not carry out Shortage Acceptance and shall handle it in accordance with the relevant provisions of laws, regulations and rules.
If the applicant has a record of dishonesty, the government service department shall not carry out shortage acceptance on him before the credit repair is completed.
Article 5 all levels and types of government service center management agencies according to the management authority and division of responsibilities to supervise and manage the implementation of the government service Shortage Acceptance system.
The government service department is responsible for organizing the implementation of the government service shortage acceptance of the department.
Article 6 In addition to government service matters directly related to public safety, ecological environment protection, and energy conservation and directly related to personal health and safety of life and property, Shortage Acceptance shall be implemented for other government service matters upon application.
The government service department shall, according to the actual situation, formulate and publish to the public its 'Shortage Acceptance Government Service List' to clarify the name, main application materials and Shortage Acceptance materials of shortage acceptance government service items.
The 'Shortage Acceptance Government Service List' is subject to dynamic management.
Article 7 the materials that can be shortage acceptance mainly include:
(1) The legal representative of the enterprise or the identity certificate of the applicant, etc.;
(2) Enterprise credit certificate, payment certificate, enterprise staff qualification certificate, enterprise management plan, scheme, system, etc.;
(3) The same government service department needs to handle government service matters in multiple stages, and the application materials already submitted when handling the previous stages;
(4) The government service matters handled by multiple government service departments in turn, and the application materials and handling results of the previous government service matters that need to be submitted when applying for handling the following government service matters;
(5) Other materials that can be used for Shortage Acceptance.
Article 8 Where an applicant applies for shortage acceptance, he shall submit a Letter of Commitment for Shortage Acceptance. If an application is made in the name of a legal person or other organization, the Letter of Commitment for Applying for Shortage Acceptance shall be signed and stamped with the official seal by the legal representative or person in charge. If the trustee entrusts to handle Shortage Acceptance government affairs services, the trustee shall submit a power of attorney.
The Letter of Commitment for Application for Shortage Acceptance shall include the basic information of the applicant and the confirmation and commitment made by the applicant to the following contents:
(1) The promise made is the true intention of the applicant;
(2) Already know all the contents informed by the government service department;
(3) All application materials provided are true and valid;
(4) To supplement the Shortage Acceptance materials within the promised period of correction;
(5) Before obtaining formal approval documents (licenses), shall not carry out relevant production and operation activities;
(6) Willing to bear the legal responsibility for violating the promise;
(7) Agreed to the 'Application for Shortage Acceptance Undertaking' to the public.
The government service department shall publicize the 'Letter of Commitment for Applying for Shortage Acceptance' on the website of 'Credit China (Dalian, Liaoning)'.
Article 9 after the applicant’s main materials is complete and conform to the legal form, and the 'Letter of Commitment for Application for Shortage Acceptance' is submitted, the government service department shall Shortage Acceptance and make the 'Notice of Shortage Acceptance' at the same time. For materials that can be Shortage Acceptance, the government service department shall inform the applicant of the name, form, time limit and handling method of overdue correction of the materials in the 'Shortage Acceptance Notice'.
Article 10 the time limit for the applicant to make corrections to Shortage Acceptance materials shall not exceed the time limit for the government service department to handle the government service matters.
Article 11 the applicant may supplement the Shortage Acceptance materials by postal delivery and other means approved by the government service department, and the time of supplement shall be subject to the time when the Shortage Acceptance materials are delivered to the government service department.
Article 12 With regard to Shortage Acceptance's government affairs and services, After accepting the case first, the government service department will enter the examination and approval procedure and handle it in accordance with the operation process of government service matters. After the applicant has completed the Shortage Acceptance materials within the time limit for correction, the government service department will issue opinions on the handling results within the promised time limit, and issue relevant approval documents and licenses if the conditions are met.
Article 13 If the applicant is unable to correct the Shortage Acceptance materials within the time limit for correction, the government service department shall terminate the handling of Shortage Acceptance's government service matters, and make a 'Notice of Termination of Handling in Shortage Acceptance' to be delivered to the applicant within 5 working days, and return the application materials together. The losses caused by the Shortage Acceptance of the applicant shall be borne by the applicant himself.
Article 14 The government service department shall promptly push the information of the dishonest applicant who fails to fulfill the Shortage Acceptance commitment obligation to the municipal credit center, record the dishonest Shortage Acceptance in its public credit file, and no longer apply the commitment system to the applicant for government service matters within six months.
Article 15 government service departments should further optimize the government service process, improve the government service mechanism, and effectively link up the government service Shortage Acceptance system with the immediate completion system and the notification commitment system.
For more complicated matters of government service according to application, the government service department can intervene in advance according to the needs of the applicant, strengthen the consultation and guidance on the preparatory work of government service, guide the applicant to prepare application materials, and inform the matters needing attention in the process of government service.
Article 16 government service center management agencies at all levels and types may entrust qualified third-party evaluation agencies to carry out Shortage Acceptance work evaluation according to their management authority and division of responsibilities, and timely announce the evaluation results to the public.
Article 17 levels and types of government service center management agencies according to the management authority and division of responsibilities to supervise the government service departments to carry out Shortage Acceptance, The government service departments to carry out Shortage Acceptance work into the annual performance evaluation management, regularly organize and carry out special supervision of the implementation of the Shortage Acceptance system, the government service departments and related staff who delay handling affairs without justifiable reasons, in accordance with the relevant provisions of the serious treatment.
Article 18 laws, regulations, rules and higher-level normative documents in the Shortage Acceptance of government services have other provisions, from its provisions.
Article 19 These Measures shall come into force as of the date of issuance.