The word administrative license is unfamiliar to many people. Administrative license is an administrative act made by the government, which has legal effect and is closely related to our daily life. Next, I will introduce you some knowledge about administrative license, such as the steps of setting up administrative license, the types and characteristics of administrative license.

I. What are the procedures for setting up administrative license?

(1) Application and acceptance.

Citizens, legal persons or other organizations engaged in specific activities that need to obtain administrative license according to law shall apply to the administrative organ, truthfully submit relevant materials and reflect the real situation to the administrative organ, and be responsible for the authenticity of the substantive contents of their application materials. The applicant may entrust an agent to file an application for administrative license, except that it should be filed by the applicant at the office of the administrative organ according to law.

(2) Review and decision.

The administrative organ shall examine the application materials submitted by the applicant. If the application materials submitted by the applicant are complete and conform to the statutory form, and the administrative organ can make a decision on the spot, it shall make a written decision on the administrative license on the spot; If an administrative licensing decision cannot be made on the spot, it shall be made in accordance with the prescribed procedures within the statutory time limit.

According to the statutory conditions and procedures, it is necessary to verify the substantive contents of the application materials, and the administrative organ shall assign two or more staff members to carry out the verification.

After examining the applicant's application for administrative license, the administrative organ shall make a written decision on whether to approve or disapprove the administrative license according to law. To grant an administrative license, it is necessary to issue an administrative license certificate, and the corresponding administrative license certificate stamped by the administrative organ shall be issued to the applicant. If the administrative license is not granted, the reasons shall be explained, and the applicant shall be informed of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law. The decision to grant an administrative license shall be made public and the public shall have the right to consult it.

(3) time limit.

In addition to making an administrative license decision on the spot, the administrative organ shall make an administrative license decision within 20 days from the date of accepting the application for administrative license. If a decision cannot be made within 20 days, it may be extended by 10 days with the approval of the person in charge of this administrative organ, and the applicant shall be informed of the reasons for the extension. Where laws and regulations provide otherwise, such provisions shall prevail.

(4) hearing.

The administrative organ shall announce to the public and hold a hearing on the matters that should be heard in the implementation of administrative license according to laws, regulations and rules, or other major administrative licensing matters involving the interests of the public that need to be heard by the administrative organ.

(5) Change and continuation.

If the licensee requests to change the administrative licensing items, it shall apply to the administrative organ that made the decision on administrative licensing; In line with the statutory conditions and standards, the administrative organ shall go through the formalities for change according to law. If it is necessary to extend the validity period of an administrative license obtained according to law, an application shall be submitted to the administrative organ that made the decision on administrative license 30 days before the expiration of the validity period of the administrative license (if there are other provisions in laws, regulations and rules, such provisions shall prevail). The administrative organ shall, according to the application of the licensee, make a decision on whether to approve the extension before the expiration of the validity period of the administrative license; If no decision is made within the time limit, it shall be deemed to be granted.

Two, what is the administrative licensing authority?

The organs that set administrative licenses are the National People's Congress, the State Council and local people's congresses, and they can set administrative licenses by enacting laws, administrative regulations and local regulations. The administrative regulations formulated by the State Council should comply with the provisions of administrative license set by law, and the local regulations formulated by local people's congresses should comply with the provisions of laws and administrative regulations on administrative license.

Third, the principle of establishing administrative license

(a) the establishment of administrative license should follow the laws of economic and social development. Where the market competition mechanism can be effectively regulated and the industry organizations or intermediaries can manage themselves, no administrative license shall be set. Only when the market and society can't solve the problems by themselves can the government intervene and intervene by setting administrative license.

(two) the establishment of administrative license should be conducive to the enthusiasm and initiative of citizens, legal persons or other organizations, and safeguard the interests of the public and social order. Citizens, legal persons or other organizations that can make their own decisions should not set up administrative licenses. Only when citizens, legal persons or other organizations exercise these civil rights may cause damage to the interests of others or the interests of the public, and this damage is difficult to make up and remedy through compensation afterwards, can administrative licenses be set up.

(three) the establishment of administrative license should be conducive to promoting the coordinated development of economy, society and ecological environment. The establishment of administrative license should not only consider the current and immediate interests, but also coordinate economic development with social undertakings and ecological environment to maintain sustainable development. If you have any other questions, please consult a lawyer.