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LY/T 3171-2020: Implementation criteria of forestry and grassland administrative license
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Implementation criteria of forestry and grassland administrative license
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LY/T 3171-2020
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Basic data | Standard ID | LY/T 3171-2020 (LY/T3171-2020) | | Description (Translated English) | Implementation criteria of forestry and grassland administrative license | | Sector / Industry | Forestry Industry Standard (Recommended) | | Classification of Chinese Standard | B60 | | Classification of International Standard | 65.020 | | Word Count Estimation | 13,193 | | Date of Issue | 2020-03-30 | | Date of Implementation | 2020-10-01 | | Regulation (derived from) | Announcement No. 6 of 2020 by the State Forestry and Grassland Bureau | | Issuing agency(ies) | State Forestry and Grassland Administration | LY/T 3171-2020: Implementation criteria of forestry and grassland administrative license---This is a DRAFT version for illustration, not a final translation. Full copy of true-PDF in English version (including equations, symbols, images, flow-chart, tables, and figures etc.) will be manually/carefully translated upon your order.
Implementation criteria of forestry and grassland administrative license
Implementation norms for forestry and grassland administrative licensing
People's Republic of China Forestry Industry Standard
LY
ICS 65.020
B 60
2020-03-30 released
2020-10-01 implementation
Issued by the State Forestry and Grassland Administration
Table of contents
Foreword...III
1 Scope...1
2 Normative references...1
3 Event management...1
3.1 List management...1
3.2 Dynamic Management...1
3.3 Coding Management...2
4 Process Management...2
4.1 Process link division and requirements...2
4.1.1 Acceptance...2
4.1.2 Review...3
4.1.3 Decision...4
4.2 Process combing and optimization...5
4.3 Notification and Commitment System...5
5 Service Specifications...5
5.1 Basic requirements...5
5.1.1 Establish a service system and norms...5
5.1.2 Preparation of service guide...6
5.2 Consulting Service...6
5.2.1 Consulting service methods...6
5.2.2 On-site consultation...6
5.2.3 Off-site consultation...6
5.3 Online Services...7
6 Construction and management of acceptance sites...7
6.1 General requirements...7
6.2 Establishment and construction of acceptance sites...7
6.3 Daily management of acceptance sites...7
6.3.1 Staffing and service requirements...7
6.3.2 Information disclosure and confidentiality...7
6.3.3 File management...7
Appendix A...9
Appendix B...10
Foreword
This standard was drafted in accordance with the rules given in GB/T 1.1-2009 "Guidelines for Standardization Work Part 1.Standard Structure and Compilation".
This standard was proposed and managed by the State Forestry and Grassland Administration.
Drafting organization of this standard. Beijing Forestry University.
The main drafters of this standard. Li Yuanhui, Liu Ruiting, Zheng Hui, Yue Rong, Wang Gang, Xu Ping, Wei Hua, Zhao Ting, Yang Dongmei, Chai Kaifei,
Zhuang Qianlong, Zhang Jinti.
Implementation norms for forestry and grassland administrative licensing
1 Scope
This standard stipulates the administrative licensing of the State Forestry and Grassland Administration, the management of matters, process management, service standards, construction and management of acceptance sites.
This standard applies to the administrative licensing work of the State Forestry and Grassland Administration. Local forestry and grassland authorities and local forestry and grassland administrative approval
The department responsible for the matter may refer to and apply.
State secrets, commercial secrets or personal privacy involved in administrative licensing matters of the State Forestry and Grassland Administration shall be handled in accordance with relevant state regulations.
2 Normative references
The following documents are indispensable for the application of this document. For dated reference documents, only the dated version applies to this document.
For undated references, the latest version (including all amendments) applies to this document.
GB/T 32168 Online Service Specification for Government Service Center
GB/T 32169.1-2015 Government Service Center Operation Specification Part 1.Basic Requirements
GB/T 32169.3-2015 Government Service Center Operation Specifications Part 3.Window Service Provision Requirements
DA/T 22-2015 Archive file organization rules
LY/T 2932-2018 Guidelines for the preparation of forestry administrative licensing matters
"Law of the People's Republic of China on Administrative Licensing"
"Regulations of the People's Republic of China on Disclosure of Government Information"
"Administrative License Standardization Guidelines (2016 Edition)"
3 Event management
3.1 List management
3.1.1 In accordance with the Administrative Licensing Law, forestry and grassland laws and regulations, and the reform of the relevant administrative examination and approval system of the State Council, the implementation of administrative licensing standardization
The unified deployment of the State Forestry and Grassland Administration and the specific arrangements for administrative licensing work of the State Forestry and Grassland Administration are managed by the administrative licensing work of the State Forestry and Grassland Administration
Department (hereinafter referred to as "Administrative Licensing Work Management Department") in conjunction with the administrative licensing undertaking unit of the State Forestry and Grassland Administration (hereinafter referred to as "Administrative Licensing
Licensing contractors") shall directly face the administrative licensing matters of citizens, legal persons and other organizations that are exercised by the State Forestry and Grassland Administration.
To sort out the items, clarify the names of the administrative license items, the basis for setting, and the objects of the administrative license item by item, and summarize them into a list of the administrative license items.
3.1.2 After the list of administrative licensing items is approved in accordance with procedures, it shall be timely, complete and accurate, except for those involving state secrets and those that are not disclosed in accordance with the law.
Open to the public.
3.1.3 The main contents of the list of administrative licensing items disclosed include. project code, approval department, project name, sub-item, approval category, design
The basis, joint approval department, approval object and remarks, please refer to Appendix A for specific examples.
3.2 Dynamic management
3.2.l The State Forestry and Grassland Administration shall, in accordance with the adjustment of the basis for the establishment of administrative licensing matters and the requirements of the reform of the administrative
The list of items is dynamically managed.
3.2.2 Where administrative licensing items are newly created, reduced, or changed elements, the administrative licensing unit shall promptly propose changes to the administrative licensing items
3.2.3 The main newly established administrative licensing items include.
a) The basis for the establishment of administrative licenses should be increased;
b) Institutional and functional adjustments have been increased accordingly.
3.2.4 The main reasons for the reduction of administrative licensing items are.
a) The basis for the establishment of the administrative license has been invalidated, abolished or modified;
b) The State Council decides to cancel or delegate;
c) Institutional and functional adjustments have been reduced accordingly.
3.2.5 The main situations of changing elements of administrative licensing items are.
a) The basis for the establishment of administrative licenses has changed;
b) The project code, project name, and approval object of the administrative license need to be adjusted;
c) The administrative license (including sub-items) is merged and divided.
3.2.6 In the event of new establishment, reduction or change of elements of administrative licensing matters, the State Forestry and Grassland Administration shall issue an announcement and report to the State Forestry Administration.
And the Grassland Bureau portal website announced.
3.3 Coding management
3.3.1 Obtain the code of the administrative license item in accordance with the administrative license item coding rules of the State Council.
3.3.2 The code of an administrative license item is the unique identifier of the same administrative license item.
3.3.3 Corresponding procedures shall be performed to change the code of administrative license items.
4 Process management
4.1 Process link division and requirements
The implementation process of the administrative license of the State Forestry and Grassland Administration includes acceptance, review and decision.
4.1.1 Acceptance
4.1.1.1 Acceptance form system
4.1.1.1.1 The acceptance form includes the following contents.
a) Acceptance form number;
b) Item name;
c) Applicant and contact information;
d) Receiving staff and contact number,
e) Accepting agency;
f) Acceptance basis;
g) Time of receiving materials;
h) Acceptance time;
i) Statutory deadline;
j) Commitment to the deadline;
k) Method of issuing approval documents;
l) Charge status.
4.1.1.1.2 The acceptance form should be stamped with the special seal of the State Forestry and Grassland Administration for administrative licensing.
4.1.1.1.3 If the following circumstances are met, the State Forestry and Grassland Administration may require the applicant to provide only the name, document number, code and other information of the approval document.
Check and verify, no longer submit the original or copy of the license or approval document.
a) The required application materials are licenses or approval documents issued by the State Forestry and Grassland Administration or the Forest and Grass System;
b) The required application materials can be obtained through information sharing with other administrative license implementation agencies.
4.1.1.2 Acceptance decision
4.1.1.2.1 Accepted.
a) The application items submitted by the applicant on-site or by mail are within the scope of the State Forestry and Grassland Administration, and the application materials are complete and
If it conforms to the legal form, an acceptance form shall be issued on the spot or on the day of signing for the materials;
b) If the applicant submits all supplementary application materials as required, an acceptance form shall be issued;
c) For administrative licensing matters that can be handled on the spot, a certificate or document that grants the administrative license can be directly issued, and no acceptance form will be issued;
d) If the report is submitted after being reviewed by the lower-level forestry and grassland authority in accordance with the law, the acceptance form shall be issued by the lower-level authority;
e) After acceptance, where publicity, hearing, bidding, auction, inspection, testing, quarantine, surveying and mapping, appraisal, expert review, etc. are required in accordance with the law.
1) It should be indicated on the acceptance form (including the required time limit);
2) Corresponding process description and required time range should be formulated according to different situations, and publicized to the society;
3) The laws and regulations do not specify that the above procedures should be performed, and the time required by the State Forestry and Grassland Administration during the review is deemed necessary
Should be calculated within the closing time limit.
4.1.1.2.2 Amendment or correction.
a) If the application materials are incomplete or do not conform to the legal form, the applicant shall supplement and correct.
1) In case of receiving the documents on site, all the contents that need to be supplemented and corrected shall be notified on the spot, and the "Supply and Correction of Administrative License of the State Forestry and Grassland Administration shall be issued.
Material Notification;
2) If all the contents that need to be supplemented and corrected cannot be notified on the spot, the "Supplement to the Administrative License of the State Forestry and Grassland Administration" shall be issued within 5 days.
Notification of Positive Materials.
b) If the errors in the application materials can be corrected on the spot, the applicant can correct them on the spot.
c) The "Notice of Supplementary Materials for Administrative License of the State Forestry and Grassland Administration" should specify the specific time limit for completing the supplementary and correction of application materials. Appeared with
In one of the following situations, the return shall be handled.
1) The applicant fails to make corrections within the time limit;
2) Failure to submit supplementary materials without justified reasons;
3) The applicant requests to withdraw.
4.1.1.2.3 Not accepted.
a) If the application does not require administrative permission, inform the applicant that it will not be accepted, and issue the "Administrative License Not Approved by the State Forestry and Grassland Administration"
Acceptance Notice";
b) If the application does not fall within the scope of the State Forestry and Grassland Administration
Know the book and inform the applicant of the name of the administrative agency handling the application.
4.1.2 Review
4.1.2.1 Review method
4.1.2.1.1 The State Forestry and Grassland Administration shall clarify the basis and reasons for adopting specific review methods. The review methods mainly include.
a) Written review;
b) On-site inspection or survey;
c) Inspection, testing, quarantine, identification and assessment;
d) Expert review;
e) commissioned evaluation;
f) Technical review;
g) Hearing;
h) Listen to the opinions of stakeholders;
i) Collective review.
4.1.2.1.2 The review method should be clear.
a) Applicable circumstances;
b) Statutory review content;
c) Review and judgment basis;
d) Review procedures;
e) Review period;
f) Responsibilities of reviewers at all levels;
g) Review opinions (conclusions);
h) Charge status;
i) Precautions and consequences for improper review activities, etc.
4.1.2.2 Review requirements
4.1.2.2.1 The administrative license undertaking unit shall formulate detailed rules for the review of the administrative license matters it undertakes, including project information,
Contents and elements such as procedures, supervision and inspection requirements (see Appendix B for the reference format of review work rules).
4.1.2.2.2 The total time limit shall be reasonably divided into each review link.
4.1.2.2.3 Refine the authority boundary and the pre- and post-conditions of each review link to avoid repeated reviews with similar functions.
4.1.2.2.4 In terms of quantitative review work rules, the State Forestry and Grassland Administration can produce forms that reflect the administrative licensing process and responsibilities based on actual conditions.
4.1.2.3 Report level by level
4.1.2.3.1 According to the law, the administrative permission items that are submitted to the State Forestry and Grassland Administration after being reviewed by the lower-level forestry and grassland authorities, the lower-level forestry and grassland
The competent authority shall report to it in a timely manner after reviewing and issuing preliminary review opinions within the statutory time limit.
4.1.2.3.2 The submitted materials shall include all application materials and preliminary review opinions. The State Forestry and Grassland Administration shall not require applicants to repeatedly provide
Please materials.
4.1.2.3.3 The State Forestry and Grassland Administration should not re-investigate the materials that have undergone on-site investigation by the lower-level forestry and grassland authorities.
4.1.3 Decision
4.1.3.1 Decision method
4.2.3.1.1 The State Forestry and Grassland Administration shall specify the method for making administrative licensing decisions.
4.2.3.1.2 If the State Forestry and Grassland Administration can make a decision on the spot, it shall make an administrative license decision on the spot;
Where the promise system specifically requires, an administrative licensing decision shall be made on the spot. The notification commitment system requires compliance with 4.3.
4.2.3.1.3 After the State Forestry and Grassland Administration has reviewed the application, it shall comply with the
Provide procedures for making administrative licensing decisions.
4.1.3.2 Legal review
Before the State Forestry and Grassland Administration makes a major administrative licensing decision, the legal review work agency of the State Forestry and Grassland Administration shall
The decision to conduct a legality review. Major administrative licensing decisions include.
a) Involving major public interests;
b) May cause significant social impact or cause social risks;
c) It is directly related to the major rights and interests of the applicant or a third party;
d) Involving hearing matters;
e) The situation is complicated and involves multiple legal relationships.
4.1.3.3 Approval results
4.1.3.3.1 Upon review, if the approval conditions are met, the Applicant shall be issued with the "State Forestry and Grassland Administration Approval Decision Letter". Opposing
If an administrative license is required for the decision to approve an administrative license, the applicant shall be issued a stamp at the same time or within 10 days from the date of the decision.
Certificate of the seal of the State Forestry and Grassland Administration.
4.1.3.3.2 After review, if the approval conditions are not met, the “State Forestry and Grassland Administration Decision on Not Approving Administrative Licensing” shall be issued to the applicant.
The content should include. the name of the applicant, the application items, the reasons and basis for disapproval, and the means and methods of informing the applicant of rights and remedies.
4.1.3.3.3 The administrative licensing decision of the State Forestry and Grassland Administration can be delivered to the applicant in time by picking up on the spot or by mail.
4.1.3.4 Decide to apply
The State Forestry and Grassland Administration shall determine the scope of the decision to grant an administrative license and the subsequent links after the decision (such as change, continuation,
Cancellation, acceptance, etc.) inform the applicant in writing.
4.2 Process combing and optimization
4.2.1 The procedures for handling administrative licensing items should be made into flowcharts, so that applicants can more intuitively and clearly understand the administrative licensing process and flow.
The plan should be included in the service guide. The general requirements and symbols for drawing can refer to LY/T 2932-2018 "Forestry Administrative Licensing Service
Appendix A of the Guidelines for Compiling Guidelines.
4.2.2 The State Forestry and Grassland Administration should consider the rationality of the process, whether the functions, methods, and objects are repeated, and the sequence of links is reasonable
In three aspects, the review process of administrative license was sorted out and optimized.
4.3 Notification and Commitment System
4.3.1 The State Forestry and Grassland Administration shall announce the implementation plan for implementing the notification of commitments.
4.3.2 Applicants who meet the conditions can choose to notify the promise to apply for the administrative license.
4.3.3 The State Forestry and Grassland Administration will notify the application of the specific conditions, application requirements, supervision rules and consequences of violation of commitments at one time
people.
4.3.4 The applicant submits application materials as required and promises in writing to meet the notification conditions and requirements, to be aware of regulatory requirements and statutory obligations, and to undertake violations
Legal liability for counter-commitment.
4.3.5 The State Forestry and Grassland Administration shall make an administrative licensing decision on the spot according to the applicant's commitment.
5 Service Specification
5.1 Basic requirements
5.1.1 Establish service system and norms
5.1.1.1 In light of the actual administrative licensing matters, the State Forestry and Grassland Administration shall formulate and improve systems and norms concerning the following matters.
a) First ask responsibility system. Regardless of whether it is within the scope of their duties, the person in charge of the first question must give the applicant a complete answer or
Ways to respond effectively.
b) Post-replacement system. In the link of direct contact with the applicant, the staff will be supplemented and divided to achieve
Interim post or mutual preparation (ie AB post system), no vacancy or absence for any reason or in any way may delay the normal processing of work.
c) Civilized service system. Measures such as optimizing civilized language, smiling services, guiding signs, and convenient service items.
5.1.1.2 The State Forestry and Grassland Administration should also organize an investigation of the actual needs of applicants, and continuously improve service methods such as acceptance sites and online approval.
The acceptance site must meet the requirements of 6.1 and 6.2, and the online service requirements must meet the requirements of 5.3.
5.1.2 Preparation of service guide
5.1.2.1 A service guide (including flow chart) for administrative licensing matters shall be prepared for administrative licensing matters.
5.1.2.2 The service guide shall describe the administrative licensing process and the involved links, and clarify the application and handling requirements for administrative licensing items.
5.1.2.3 The service guide shall include project information, scope of application, type of matter review, basis for approval, acceptance agency, handling agency, quantity
Restrictions, application conditions, prohibitive requirements, catalog of application materials, application acceptance, basic procedures for handling, handling methods, time limit for approval, approval
Fee basis and standards, approval results, delivery of results, applicant rights and obligations, consultation channels, supervision and complaint channels, office address and
Time, public inquiry channels, demonstration texts of application materials, examples of common errors, answers to frequently asked questions and other elements, including.
a) The application materials should not have comprehensive clauses, and the administrative license undertaking unit should not add application materials beyond the service guide catalog;
b) If all the materials to be reviewed and their legal forms are specified in the review work rules, they should be listed in the service guide and a model text should be given.
Note. All-inclusive clauses refer to the list of required materials and one-time clear notifications that are not listed in the catalog of application materials.
Provisions in the form of “other application materials”, “other relevant materials”, and “other materials” specified in the regulations.
5.1.2.4 For the convenience of applicants to obtain and use, the administrative license acceptance site may only provide the simplified version, and at the same time, indicate the full version of the query channel and
method of obtaining.
5.1.2.5 The compilation requirements of the service guide shall refer to the provisions of LY/T 2932-2018 "Guidelines for Compiling Service Guide for Forestry Administrative Licensing Matters".
If the content of the service guide is changed, it shall be revised in time.
5.2 Consulting services
5.2.1 Consulting service methods
The State Forestry and Grassland Administration shall provide on-site consultation (such as consultation on acceptance sites) and off-site consultation (such as online consultation, telephone consultation, postal
Consultation) and other consultation methods and channels, designated persons to provide consultation services, and can make appointments.
5.2.2 On-site consultation
The staff of the administrative license acceptance site shall make clear and definite answers to the applicant’s inquiries in accordance with relevant regulations, and provide relevant information
Service website, service guide and other relevant service content that can be inquired. If the staff cannot reply on site, the applicant shall be informed of the reply
Time and other consultation channels.
5.2.3 Off-site consultation
5.2.3.1 The State Forestry and Grassland Administration can use the “Internet” to realize the extension of consulting services from physical windows to online windows.
The station or client sets up a consultation window to provide the full version of the service guide for each item and channels for further consultation. For common error examples,
Frequently asked questions should be updated in time.
5.2.3.2 Telephone and e-mail consultation should be timely and smooth.
5.3 Online Services
5.3.1 The unified online administrative licensing service platform of the State Forestry and Grassland Administration is China Forestry Net. Set up a special
The main functions of the “Political Approval” section should meet the requirements of online consultation on administrative licensing matters, disclosure of approval information, and complaint supervision.
Report, accept, approve, etc.
5.3.2 For online approval, the basic principles, service provision, service guarantee and other requirements for online approval services can refer to GB/T 32168
-Relevant regulations in the.2015 "Government Service Center Online Service Specifications".
6 Construction and management of acceptance sites
6.1 G...
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