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Order of the Shenzhen Municipal People' s Government
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(No.
116) |
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Several Rules of
the Shenzhen Municipality for the Control of Collection
of Administrative Institutional Fees was deliberated and
adopted at the Sixtieth Executive Meeting of the Third Session
of the Municipal
Government on June 26, 2002 and now is
promulgated. It shall take effect as of August 1, 2002. |
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Yu Youjun |
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Mayor |
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July 1, 2002 |
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Several Rules of the Shenzhen Municipality for the Control
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of Collection of Administrative Institutional Fees
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Article 1 In order to
strengthen the control of collection of administrative
institutional fees, establish
a normative, open, and reasonable
system for collection of fees, and maintain the legal rights and
interests of citizens, legal persons and other organizations,
these rules are hereby formulated in accordance
with the related
law, regulations and in the light of specific conditions of the
Shenzhen City. |
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Article 2 Administrative
institutional fees shall be set and collected according to law. |
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Article 3 To
set an administrative institutional fee, it shall be required to
have one of the following as
a legal basis: |
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(1)
the law, administrative regulations |
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(2)
the normative documents formulated or approved to be
formulated by the State Council; |
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(3)
the rules formulated by the state department responsible
for administrative institutional collection of fees according
to
law, administrative regulations; |
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(4)
the local law and regulations formulated by the Guangdong
Provincial People' s Congress and its standing committee; |
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(5)
the rules formulated by the Guangdong Provincial
People' s Government according to law, regulations; |
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(6)
the Special Zone' s law, regulations, and local law,
regulations formulated by the Shenzhen Municipal People' s
Congress and its standing committee; |
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(7)
the rules formulated by the Shenzhen Municipal People' s
Government. |
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If
the law, regulations, rules or normative documents have no rules
on collection of |
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fees
for an administrative management act, no item of administrative
institutional fee shall be
set up for such an act. |
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Article 4 To
apply for collection of an administrative institutional fee, an
applying unit shall provide a
basis, explain the reason, and
submit the related documents, materials. |
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The municipal department of prices shall put forward a
preliminary opinion after examining the application for
collection, and then submit it to the Shenzhen Municipal
Examination Committee on Collection of Administrative
Institutional Fees (hereinafter referred to as the examination
committee) to inquire into the necessity,
reasonability, and
legitimacy of the fee collection; if the examination committee
thinks it is
necessary, a decision may be made to have a
hearing. The municipal department of prices shall be responsible
for organizing the hearing, and ensure the attendance of a
certain proportion of enterprises, city
residents, and
professionals. The examination committee shall report to the
executive meeting of
the municipal government about the hearing
and its opinion for examination. |
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Without approval from the Shenzhen Municipal People' s
Government, no administrative institutional fee shall be
collected, the municipal department of prices shall not issue Permit
of Collection of Administrative Institutional Fees in Guangdong
Province to the applier. |
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The examination committee shall be composed of the
municipal departments of finance, prices, planning, justice,
auditing, supervision, etc., and the department of prices shall
be responsible for daily work; the
member departments shall
attend the meetings of the examination committee, the resultant
reports,
opinions shall be signed by the representatives of the
member departments and then submitted to the municipal
government. |
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Article 5 The
municipal department of prices shall join hands with the
municipal department of finance to
work out Catalogue
of the Items of Administrative Institutional Fees to be
Collected in the Shenzhen City (hereinafter referred to as Catalogue
of Collection Items); Catalogue
of Collection Items shall include the names of items,
collecting units, permit number, rates and methods of
collection,
and time to start collection, etc., which shall be
published in the municipal government' s bulletin and
government information website every March. |
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If a fee is not listed in Catalogue
of Collection Items, it shall not be collected, and any unit
and individual shall have the right to refuse to pay it. |
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Article 6 If
an administrative institutional fee has been approved to be
collected, it shall be made public
in the municipal
government' s bulletin and government information website 30
days ahead of the
date to start collection, and also listed in Catalogue of Collection Items. |
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Article 7 When
stopping collection of an administrative institutional fee or
reduce the rate of collection,
the municipal department of
prices shall publish the name of item, collecting unit, permit
number,
rate and method of collection, and time to start
collection or the
reduced rate and starting time of the item to be stopped or to
have a reduction of rate in
the municipal government' s
bulletin and government information website. |
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Article 8 The
municipal departments of finance, prices shall draw up an annual
report on collection of administrative
institutional fees, and
submit to the municipal government after the examination
committee' s deliberation. |
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Article 9 Administrative
institutional fees shall be entered into the fiscal budget, and
handled separately
in terms of income and expenses. |
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A collecting unit shall use the receipt for collection of
administrative institutional fee uniformly printed by the
municipal department of finance, accurately record the
collection items, and entrust a bank with
collection on its
behalf, all the administrative institutional fees shall be
credited into a bank
account endorsed by the municipal
department of finance, and open for supervision and examination
conducted by the departments of finance, prices, auditing, etc. |
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Article 10 In
case of issuing a certificate or license according to law, it
shall be allowed to charge for
the cost of production of a
certificate or license; in case of no stipulation in law,
regulations
or rules that an annual examination fee may be
collected, there shall be no such charge. |
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If a management fee has already been charged for the same
administrative management act, there shall be no charge
for the
cost of production of a certificate or license except those
allowed by law, regulations. |
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Article 11 In
case of using the documents, materials, information, technique,
or other similar resources which
are owned or administered by
the government, the department of resources management may
charge
for the cost of reproduction according to law,
regulations or rules, but if an administrative department must
perform a duty or provide a service according to law,
regulations or rules, it shall not collect
any fee for
performing the duty or providing the service, assign or entrust
an institutional unit
or an intermediary agency with performing
the duty or providing the service, and make any economic gain
for this. |
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Article 12 In
case of taking an administrative management act which requires
the person under such management
to provide the related
documents, materials, it shall be forbidden for the unit taking
the administrative
management act to force a purchase of a
standard or model text, to designate a unit for processing the
documents, materials, to set rates to charge for processing the
documents, materials, and to have any economic
gain. |
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Article 13 In
case of colleting administrative institutional fees on others'
behalf, the power of attorney
for such collection shall be
presented, and the collection shall be examined and made public
according
to Articles 4, 6 of these rules. |
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Article 14 Collection
of administrative institutional fees shall not lead to any
incidental charge or economic
gain. |
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If production of certificates or licenses needs frames or
other holders, exterior decorations, it shall be forbidden
to
provide frames or holders, exterior decorations, to set the
specifications or patterns of frames
or holders, decorations, to
assign a production unit, and to fix the cost of production. |
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Article 15 In
case of administration of test, quarantine, and survey for which
there is no stipulation on collecting
fees in the law,
regulations, rules referred to in Article 3 of these rules, it
shall be forbidden
to collect fees except a unit requests the
test, quarantine, and survey on its own initiative. |
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Article 16 It
shall be forbidden to set more than one item to charge for the
same administrative management
act, the fixed rates shall be the
same for everybody, and it shall not be allowed to charge
different
persons under the administrative management different
fees. |
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Article 17 Any
unit and individual shall have the right to file complaints on
the necessity, reasonability,
and legitimacy of administrative
institutional fees to the municipal department of supervision,
and make comments or suggestions. |
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The municipal department of supervision shall promptly
investigate into and punish illegal acts of collection of
fees,
and publish the outcome of investigation and punishment. |
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In case of receiving a comment or suggestion on the
necessity and reasonability of collection of fees, the municipal
department of supervision shall report to the examination
committee within 5 days from the date
of receiving the comment
or suggestion, a hearing may be held if the examination
committee thinks
it is necessary, and the opinion in discussion
and the process of hearing shall be reported to the executive
meeting of the municipal government for examination. |
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Any member department of the examination committee may
initiate a motion by itself to discuss or to hold a hearing
on
the necessity, reasonability, and legitimacy of various
administrative institutional fees, the
examination committee
shall report to the municipal government about the opinion in
discussion
or the process of hearing. |
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Article 18 In
case of collecting fees in violation of the related law,
regulations, rules or these rules, the
municipal department of
prices shall order immediate correction, and also instruct the
collecting
unit to return the illegally collected fees to the
original payer by a prescribed time, if the fees cannot be
returned by the prescribed time, they shall be handed over to
the state treasury. |
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The returning unit shall publish the item, method, and
time of returning in the municipal government' s bulletin,
government information website, and the related news media. |
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The municipal department of prices shall publish the
settlement in the municipal government' s bulletin and
government information website. |
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Article 19 The
directly responsible person and the person in charge of the unit
which has illegally collected
fees shall be imposed on sanctions
from administrative demotion, dismissal from an administrative
post, up to discharging from public employment by the municipal
department of supervision according to rules,
and the sanctions
shall be published in the municipal government' s bulletin and
government information
website. |
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The municipal department of supervision shall make an
annual report to the municipal government on the administrative
sanctions for illegal collection of fees. |
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Article 20 These
several rules shall take effect as of August 1, 2002, Several
Rules of the Shenzhen Special Economic Zone for the Control of
Collection of Administrative
Institutional Fees promulgated
by No. 51 order of the Shenzhen municipal government on March
28, 1996 shall annulled
at the same time. |
