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Decision of the State Council on Cancelling the Second Group of 152 Administrative Approval Items Designated by the Central Government for Implementation by Local Governments [Effective]
国务院关于第二批取消152项中央指定地方实施行政审批事项的决定 [现行有效]
【法宝引证码】

Decision of the State Council on Cancelling the Second Group of 152 Administrative Approval Items Designated by the Central Government for Implementation by Local Governments 

国务院关于第二批取消152项中央指定地方实施行政审批事项的决定

(No. 9 [2016] of the State Council) (国发〔2016〕9号)菊花碎了一地

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:
Upon research and deliberation, the State Council has decided to cancel the second group of 152 administrative approval items designated by the Central Government for implementation by local governments. 经研究论证,国务院决定第二批取消152项中央指定地方实施的行政审批事项。
All localities and departments shall waste no time to conduct well the follow-up transitional work on the cancellation of the said items, and effectively strengthen interim and ex post supervision, and particularly for those items involving work safety and maintenance of public security, they shall further refine measures, specify responsible parties and working methods, and effectively track and supervise the relevant work. 各地区、各部门要抓紧做好取消事项的后续衔接工作,切实加强事中事后监管,特别是涉及安全生产和维护公共安全的,要进一步细化措施,明确责任主体和工作方法,做好跟踪督导工作。
The approval items established for citizens, legal persons and social organizations in such forms as departmental rules and regulatory documents have been reviewed. In future, administrative licenses can only be established in accordance with the provisions of the Administrative Licensing Law我我我什么都没做
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, and items designated by the Central Government that have been cancelled may not be regarded as the basis for establishment of administrative licenses. If no governing law or administrative regulation has yet been developed, local regulations may establish administrative licenses; and if no governing law, administrative regulation or local regulation has yet been developed, but it is really necessary to immediately implement an administrative license due to the need for administration, the rules of the people's government of a province, autonomous region or municipality directly under the Central Government may establish a temporary administrative license.
 以部门规章、规范性文件等形式设定的面向公民、法人和社会组织的审批事项已清理完毕。今后行政许可只能依据行政许可法的规定设定,不得把已取消的中央指定事项作为行政许可的设定依据。尚未制定法律、行政法规的,地方性法规可以设定行政许可;尚未制定法律、行政法规和地方性法规的,因行政管理的需要,确需立即实施行政许可的,省、自治区、直辖市人民政府规章可以设定临时性的行政许可。
Annex: List of the Second Group of Administrative Approval Items Designated by the Central Government for Implementation by Local Governments That Are Cancelled as Decided by the State Council (152 Items in Total) 附件:国务院决定第二批取消中央指定地方实施的行政审批事项目录(共计152项)
State Council 
February 3, 2016 国务院
 2016年2月3日
     
     
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