| The Law of the People's Republic of China on Administrative Licenses that
will formally come into force on July 1st, 2004 are pushing the governmental
functions to realize material breakthroughs. It is reported that Shanghai has,
after nearly half year of hard efforts, roughly completed liquidation of all
exiting administrative licenses. There are 101 among Shanghai-created 202
administrative licenses ready for cancellations after liquidation, amounting 50%
of the total number. Along with the "official seals" not in line with the Law
on Administrative Licenses are to lose their powers of administrative review and
approval, government departments at all levels are reinforcing the supporting
systematic construction, and trying their best to shift the governmental
functions truly to economic adjustment, market supervision, social
administration, and public services. Both implementation dates of the Law on
Administrative Licenses and Regulations of Shanghai Municipality on Publication
of Government Information are two important chronicle nodes for Shanghai's
governments at all levels to focus on their own betterment. Putting the Law on
Administrative Licenses into actual effect is one of the top important issues
for them. It is reported that Shanghai's liquidation of administrative licenses
was launched in December of last year. The number of administrative licenses
involved in this liquidation and created by laws, regulations, rules, and
government regulatory documents is 1241, among which 1039 are created by the
state, amounting 83.7% of the total number, and 202 by Shanghai herself,
amounting 16.3%. Among 101 administrative licenses ready to be canceled, 36 are
created by the local regulations, and 65 are by government rules. 93
administrative licenses can, after liquidation, continue their effects provided,
however, that over 70 licenses are not in line with relevant provisions of the
Law on Administrative Licenses in aspects of licensing conditions, procedures,
etc, and shall be subject to further amendment to the related regulations and
rules. In order to make up the administrative management vacuum after
cancellation of certain administrative licenses, Shanghai is going to adopt the
supporting adjustment measures simultaneously upon cancellation of 5
administrative licenses in order to continue the effective administration, which
includes implementation of back-up record management for administrative bodies
that may master necessary information and conduct ex post facto supervision and
proceeding supervision. For instance, cancellation of license to urgent and
temporary blood collection by medical first aid institutions requires ex post
facto report to the health administrative authority for reference Subject to
the Law on Administrative Licenses, no department of the municipal government or
district/county government shall be entitled to set administrative licenses.
Accordingly, all departments of district/county government of this city did a
big cleaning to all kinds of administrative licenses created by various
regulatory documents in order to ensure the void official seals will cease
effect as scheduled. Huangpu District invited deputies of the people's congress,
members of the CPPCC and special supervisors to conduct the particular
inspection based upon liquidation of licenses. The highlights are given to
legality of administrative licenses, enforcement subject, licensing procedures,
and relevant charging. Luwan District liquidated and amended all in-use sample
documents of application and review and approval tables for administrative
licenses, and announced the liquidation results of administrative licenses to
the public on CATV and the government's official website. Baoshan District
established and bettered the detailed work flow and relevant systems to enforce
licenses, and publicize the lists of enforcement subject of administrative
licenses of the district through all kinds media within the district. With
regard to liquidation of charging for administrative licenses, Shanghai
Development Planning Commission, Shanghai Finance Bureau and the Legislative
Affairs Office of the Municipal Government made joint deployment. At present,
studies and trainings on this Law have been launched. About 100 officials at the
bureau level, 120 officials in charge of governmental legal affairs and 40,000
law enforcement officials in this city have participated in such studies and
trainings. Supporting system construction of administrative licenses are being
conducted, too. It is reported that the relevant departs are accelerating the
forward-looking study to make full preparation for deepening reform of
administrative review and approval system.
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