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Notice of the General Office of the State Council on Forwarding the Opinions of the Ministry of Supervision and Other Authorities on Deepening the Reform of the Administrative Examination and Approval System
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国务院办公厅转发监察部等部门关于深入推进行政审批制度改革意见的通知
[现行有效]
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| Notice of the General Office of the State Council on Forwarding the Opinions of the Ministry of Supervision and Other Authorities on Deepening the Reform of the Administrative Examination and Approval System | | 国务院办公厅转发监察部等部门关于深入推进行政审批制度改革意见的通知 |
(No.115 [2008] of the General Office of the State Council) | |
（国办发〔2008〕115号） |
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council: | |
各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
The Opinions on Deepening the Reform of the Administrative Examination and Approval System, which were made by the Ministry of Supervision, the State Commission Office for Public Sector Reform, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Civil Affairs, the Ministry of Finance, the Ministry of Agriculture, the Ministry of Commerce, the People's Bank of China, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine and the Legislative Affairs Office, have been approved by the State Council, and are hereby forwarded to you for your earnest compliance and implementation. | |
监察部、中央编办、发展改革委、工业和信息化部、民政部、财政部、农业部、商务部、人民银行、工商总局、质检总局、法制办《关于深入推进行政审批制度改革的意见》已经国务院同意，现转发给你们，请认真贯彻执行。 |
General Office of the State Council | |
国务院办公厅 |
October 17, 2008 | |
二○○八年十月十七日 |
Opinions on Deepening the Reform of the Administrative Examination and Approval System | |
关于深入推进行政审批制度改革的意见 |
(the Ministry of Supervision, the State Commission Office for Public Sector Reform, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Civil Affairs, the Ministry of Finance, the Ministry of Agriculture, the Ministry of Commerce, the People's Bank of China, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine and the Legislative Affairs Office) | |
（监察部、中央编办、发展改革委、工业和信息化部、民政部、财政部、农业部、商务部、人民银行、工商总局、质检总局、法制办） |
Promoting the reform of the administrative examination and approval system is of great significance for deepening the reform of the administration system, improving the socialist market economy system, preventing corruption from the roots, protecting the vital interests of the people and so on. During recent years, all regions and departments have taken effective measures to promote the reform of the administrative examination and approval system according to the arrangements and requirements of the Central Committee of the Party and the State Council, and have made great achievements. However, we must realize that there are still some urgent problems in this regard: mainly, excessive items subject to administrative examination and approval, inadequate implementation of cancellation or adjustment of items subject to administrative examination and approval, disjunction of examination and approval process and supervision and administration process, incomplete mechanism for restricting and supervising examination and approval power, and irregularities in examination and approval. Deepening the reform of the administrative examination and approval system remains to be a long-lasting and arduous task. The 17th National Congress of the Party expressly requires the reduction and standardization of items subject to administrative examination and approval and reduction of governmental intervention in the microeconomic operation. Based on the above-mentioned spirit of the central authority, we hereby put forward the following opinions on deepening the reform of the administrative examination and approval system: | |
推进行政审批制度改革，对于深化行政管理体制改革、完善社会主义市场经济体制、从源头上防治腐败、维护人民群众切身利益等，都具有重要意义。近年来，各地区、各部门按照党中央、国务院的部署和要求，采取有力措施推进行政审批制度改革，取得了明显成效。但也要看到，目前行政审批方面仍存在一些亟待解决的问题，主要是：审批事项依然过多，已经取消或调整的审批事项未得到完全落实，审批与监管脱节，对审批权的制约监督机制还不完善，审批行为不够规范等。深化行政审批制度改革仍是一项长期而艰巨的任务。党的十七大明确提出，减少和规范行政审批，减少政府对微观经济运行的干预。根据中央上述精神，现就深入推进行政审批制度改革提出以下意见： |
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| I. Guidelines and Overall Objectives for Deepening the Reform of the Administrative Examination and Approval System | | 一、深入推进行政审批制度改革的指导思想和总体目标 |
The guidelines for deepening the reform of the administrative examination and approval system shall be: holding high the great banner of socialism with Chinese characteristics, following the Deng Xiaoping Theory and the important thought of “Three Represents”, putting into practice the scientific view of development, taking the transformation of governmental functions as a core, giving full play to the fundamental role of market in resources allocation, implementing in earnest the Administrative License Law, continuing to reduce items subject to administrative examination and approval and standardize administrative examination and approval, strengthening supervision and restriction of the administrative examination and approval power, promoting the innovation in the administrative mode of the government, facilitating the building of a service government, a responsible government, a government ruled by law and a clean government, and boosting the rapid yet steady economic and social development. | |
深入推进行政审批制度改革的指导思想是：高举中国特色社会主义伟大旗帜，以邓小平理论和“三个代表”重要思想为指导，深入贯彻落实科学发展观，以政府职能转变为核心，充分发挥市场在资源配置中的基础性作用，认真实施行政许可法，继续减少和规范行政审批，加强对行政审批权的监督制约，着力推进政府管理方式创新，促进服务政府、责任政府、法治政府和廉洁政府建设，推动经济社会又好又快发展。 |
The overall objectives of deepening the reform of the administrative examination and approval system shall be: further reducing items subject to administrative examination and approval, realizing open, transparent and standard administrative examination and approval, improving the relevant systems and restricting and supervising mechanism for administrative examination and approval, effectively curbing such irregularities as seeking personal gains by taking advantage of the examination and approval power and charging fees without basis, and raising the satisfaction degree of the people. | |
深入推进行政审批制度改革的总体目标是：行政审批事项进一步减少，审批行为实现公开透明、规范运作，行政审批相关制度和制约监督机制较为健全，利用审批权谋取私利、乱收费等现象得到有效遏制，人民群众的满意度有新的提高。 |
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| II. Major Tasks for Deepening the Reform of the Administrative Examination and Approval System | | 二、深入推进行政审批制度改革的主要任务 |
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1. Continuing to cancel and adjust items subject to administrative examination and approval. We shall straighten up the items subject to administrative examination and approval in a centralized way at appropriate time. All departments under the State Council shall, according to the principle of legality, reasonability, efficiency, responsibility and supervision and the requirement of canceling all that should be cancelled and adjusting all that should be adjusted, make an overhaul of the current items subject to administrative examination and approval and their bases, correctly understand the relationship between legality and reasonability, and put forward the preliminary opinions on items to be cancelled or adjusted. The inter-ministerial joint meeting for reforming the administrative examination and approval system shall, after examination and demonstration and obtaining the confirmation by the relevant departments under the State Council, submit the to-be-cancelled or adjusted items subject to administrative examination and approval to the State Council for deliberation, and make them public upon the approval of the State Council. In particular, the items subject to administrative examination and approval set out by law shall be handled under legal procedures. All provinces (autonomous regions and municipalities) shall earnestly organize and carry out the work on straightening up, canceling and adjusting the items subject to administrative examination and approval of their respective administrative regions according to the principles and requirements for reforming the administrative examination and approval system and in light of the local actualities.
．．．．．． | | （一）继续取消和调整行政审批事项。适时组织开展行政审批事项集中清理工作。国务院各部门要按照合法、合理、效能、责任、监督的原则和该取消的一律取消、该调整的必须调整的要求，对现有的行政审批事项及其设立依据进行彻底清理，在此基础上，准确把握合法与合理的关系，提出拟取消或调整的初步意见。行政审批制度改革工作部际联席会议在审核论证并经国务院相关部门确认的基础上，将拟取消或调整的行政审批事项提请国务院审议，经批准后向社会公布。其中由法律设立的行政审批事项，按法定程序办理。各省（区、市）要按照行政审批制度改革的原则和要求，结合本地区实际，认真组织实施本地区行政审批事项的清理、取消和调整工作。
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