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Implementation Recommendations on Comprehensive Treatment of Business Violating Laws and Rules in Jing'an District

2017-11-13
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According to the requirements of the Recommendations of the State Council on Enhancing In- and Post-event Supervision after Reform of “License First Examination Later” (Guofa〔2017〕No. 62) and the Notice on Further Strengthening this Municipality’s Comprehensive Treatment of Business Violating Laws and Rules Made by the Municipal Industry and Commerce Bureau and Forwarded by the General Office of Shanghai Municipal People's Government (SMPG GO G〔2017〕No.14), and in the light of the actural circumstances of this District, the following recommendations are put forward on carrying out the comprehensive treatment of business violating laws and rules:

I. Guideline

Conscientiously implement the Municipal Party Committee and the Municipal People’s Government’s decision-making arrangements, combine the comprehensive treatment of illegal and irregular business and the comprehensive rectification of regional environment such as "five illegal acts and four musts", "resident housing changed to non-resident housing", make overall control, strict law enforcement, continuous force, and rolling forward, combine with innovative social governance and actively explore innovative and effective management measures. Adhere to doing the difficult first and the easy later, take great pains to solve illegal and irregular business problems with strong complaints of the masses and with large security risks; adhere to the linkage between the upper and lower level, the departmental coordination, and the comprehensive treatment, and effectively implement the main responsibility of every sub-district and the chief responsibility of every functional department; adhere to the normal long-acting, make concerted efforts in control, carry out the source treatment, follow the grid management in time, consolidate treatment results, and resolutely prevent rebound and resurgence; adhere to all starting from the reality, improve supporting measures that facilitate people, and effectively solve the actual demands of the masses of the people.

II. Organization and Leadership

Establish the joint meeting of Jing'an District for comprehensive treatment of illegal and irregular business, the deputy mayor assigned personal responsibility of district government acting as the first convener, and the deputy director of the district government office and the deputy director of district market supervision bureau as the conveners.

The District Commerce Bureau, District Education Bureau, District Science and Technology Commission, District Public Security Bureau, District Civil Affairs Bureau, District Human Resources and Social Security Bureau, District Construction Management Committee, District Environmental Protection Bureau, District Planning and Land Administration, District Cultural Bureau, District State Assets Committee, District Market Supervision Bureau, District Sports Bureau, District Housing Administration, District Urban Management Law Enforcement Bureau, District Taxation Sub-bureau, District Comprehensive Management Office, District Petition Office, District Legislative Affairs Office, District Food and Drug Administration, District Public Security Fire Brigade, District Cultural Law Enforcement Brigade and Sub-districts are member units of the joint meeting. The joint meeting office is located in the District Market Supervision Bureau, responsible for the daily work of the joint meeting, with the deputy director assigned personal responsibility of the District Market Supervision Bureau acting concurrently as the office director.

The joint meeting shall be convened on a regular basis or in a timely manner, responsible for summarizing the circular information, studying and formulating treatment measures, examining and approving the deployment work program, coordinating the implementation of departmental responsibilities, promoting the information sharing and application, organizing work assessment and evaluation, and solving major and difficult problems.

Ⅲ. Main Tasks

Take illegal and irregular business activities that endanger the safety of the State and of the people's lives and property as the key rectification object, mainly including illegal and irregular business of dance entertainments, bars, games rooms, Internet service business places, bathrooms, chess and card rooms, salons and other high-risk hot spots; take key scenic spots, shopping districts, campus surroundings, various markets and public gathering places as the key rectification areas, mainly including hotels, Internet service business places, boilers, gas stations, storage sites of dangerous chemicals, fireworks and firecrackers, education and training places, restaurants, food processing plants, laundries, intermediary agencies, waste recycling stations and other business places using underground space, densely populated areas, dangerous shelters and shacks to deal in illegal and irregular business prone to accidents of fire and safety. In the principle of "supervision in advance and duty performance according to law", making the obvious reduction of illegal and irregular businesses the working guide, every relevant administrative department shall continue to focus on key points and take great efforts for three consecutive years in comprehensive rectification of outstanding problems of illegal and irregular business, take effective control of various types of illegal business risks, and effectively maintain the operation safety of the city and ensure the effectiveness of rectification.

IV. Division of Duties

The relevant administrative departments as the main body of law enforcement under the unified leadership of the district government shall, in accordance with the principle of "the examiner supervises, the person in charge supervises" and the provisions of laws and regulations, undertake the supervision responsibility of the examination and approval department and industry competent department, carry out law-based rectification of illegal and irregular business, study and work out policies and measures for investigation, banning, daily supervision, norms and guide in respect to their respective industries and fields.

1. District Market Bureau

    Shall be responsible for the daily work of the joint meeting office, formulate the work plan of illegal and irregular business rectification at the district level, carry out organization and coordination, and coordinate with the relevant departments to conduct investigation and analysis of illegal and irregular business and summarize the relevant situation; coordinate the relevant pre-licensing department to formulate specific guidance and measures. Strengthen the daily supervision on key industries, investigate and deal with illegal and irregular business practices. Cooperate with the relevant departments to carry out special rectification work in the hotel industry, entertainment and leisure service places, Internet service places, underground construction business sites, waste recycling industry and printing industry.

2. District Comprehensive Treatment Office, District Food and Drug Administration

Shall take the lead, along with the joint meeting office, in carrying out the assessment of the comprehensive treatment of illegal and irregular business in sub-districts and towns, according to the working arrangements of the joint meeting.

3. District Legislative Affairs Office

(1) Shall be responsible for legal review of the district government’s normative documents concerning comprehensive treatment of illegal and irregular business;

(2) Shall provide legal guidance on contradictions and differences in application of laws, regulations and rules in the process of rectification of illegal and irregular business.

4. District Petition Office

Shall be responsible for handling letters and visits involving illegal and irregular business, analyze outstanding contradictions, inform the relevant departments and make recommendations for the work, coordinate relevant departments in dealing with letters and visits involving illegal and irregular business.

5. District Commerce Committee

(1) Shall be responsible for management of filing card issuance by single-use business prepaid card enterprises, supervision of funds receivable in advance and group complaints and aid seeking for major incidents caused by inability to normally use such card;

(2) Shall, in conjunction with the District Planning and Land Bureau, prepare and implement the commercial outlet layout planning, optimize the layout system, promote community business services to upgrade quality and facilitate the consumption of people.

(3) Shall be responsible for taking the lead in conducting supervision and management of the salt wholesale, product oil business and other business activities that need to be licensed before the conduct of business, and cooperating with the Municipal Commerce Committee to strengthen the instruction and supervision of the pawn industry business.

6. District State Assets Committee

Shall be responsible for the coordinated disposal of premises that belong to the subordinate enterprises under this District and that are used for illegal and irregular business.

7. District Science and Technology Commission

Shall take the lead in the construction of this District’s public credit information service platform and support the departments to exercise information sharing and joint discipline for breach of faith of business units and individuals involved in illegal and irregular business.

    8. District Construction Management Committee

    Shall take the lead in coordinating and guiding the demolition of illegal buildings around the river, be responsible for management of the temporary building use in the construction site, and cooperate with the relevant departments to carry out law enforcement work concerning illegal production and operation by use of temporary buildings.

9. District Public Security Bureau

    (1) Shall be responsible for supervision and management of purchase and transportation of civilian explosives of the hotel industry, pawn industry, seal engraving industry, business shooting places, security training, security services and other special industries, and blasting operations, purchase and transportation of highly toxic chemicals and other business activities that need examination and approval by the public security organ before carrying out such activities, and be responsible for rectifying business activities without authorization;

(2) Shall be responsible for investigating such acts as the illegal housing rent out of compliance with     standard requirements of public security, the lessor failing to fix responsibility for safety management and leasing parties or residential users in violation of public security and residential registration management regulations;

(3) Shall be responsible for the maintenance of comprehensive rectification on-site law enforcement order, provide security guarantee for the administrative law enforcement departments to carry out law enforcement, investigate and punish the obstruction to law enforcement, violence against law and other illegal acts, according to laws and regulations.

(4) Shall investigate suspected criminal business acts for criminal liability.

10. District Human Resources and Social Security Bureau

Shall be responsible for access examination and approval of professional intermediary and human resources services, labor dispatch and private training agencies of vocational skills, and shall take the lead in rectification of such business activities without permission.

11. District Environmental Protection Bureau

Shall be responsible for approval of environmental assessment (filing), and supervision and management, in accordance with the law, of construction projects of the industries of catering, auto repair, dry cleaning, building materials processing and waste recycling. Conduct law-based supervision and management of business activities such as the sale and use of radioactive isotopes and radiation devices  that need examination and approval by the environmental protection department before operation, and urge enterprises to dispose of hazardous waste produced in accordance with the provisions, and be responsible for rectifying business activities without authorization that shall be investigated by the environmental protection department as prescribed by laws and regulations.

12. District Planning and Land Bureau

(1) Shall, in accordance with the division of duties and functions, be responsible for the rectification of construction behavior in illegal and irregular business activities involved in violation of planning permission;

(2) Shall, in cooperation with the District Commerce Committee, optimize the layout of commercial outlets;

(3) Shall assist other law enforcement agencies to investigate and cooperate in provision of the information on the right-holders of registered houses.

13. District Cultural Bureau (District Cultural Law Enforcement Brigade)

The District Cultural Bureau shall be responsible for preparation of specific instructions and measures for the actual situation in the area under the jurisdiction; the District Cultural Law Enforcement Brigade shall be responsible for investigation and handling of illegal acts of unauthorized business activities in the entertainment places; shall, in conjunction with the relevant departments, carry out special rectification in entertainment places, Internet service business premises and the printing industry, and cooperate in special rectification work in the hotel industry, underground building cultural business places.

14. District Housing Administration

Shall take the lead in organizing the investigation of “residential house changed to non-residential use", cooperate with the Urban Management Law Enforcement Bureau in conducting rectification, and, in accordance with the division of duties and funcitons, and investigate, according to law, the illegal and irregular business acts by use of "residential house changed to non-residential use"; shall, according to the actual situation of the area under the jurisdiction, in conjunction with the relevant departments, prepare specific guidance and measures.

15. District Urban Urban Management Law Enforcement Bureau

(1) Shall be responsible for the rectification of business acts by illegal occupation of roads;

(2) Shall be responsible for the rectification of illegal and irregular business activities involving illegal buildings and structures within the scope of the duties, and behavior of unauthorized changes in the use nature of residential property;

(3) Shall, according to the Regulations of Shanghai Municipality on Urban Management Administrative Law Enforcement and the related implementation procedures, investigate, according to the law, illegal acts in business activity involved in violation of provisions on water management, environmental protection and management, urban and rural planning management, and construction management;

(4) Shall cooperate with the main subject of law enforcement to carry out joint law enforcement on illegal buildings and illegal housing of illegal and irregular business, and shall, according to law, demolish such illegal buildings; shall, under the guide of the housing administration department, carry out the wall block to the “residential house changed to non-residential use”, and restore the original state of the house.

16. District Civil Affairs Bureau

(1) Shall be responsible for the licensing rectification of welfare lottery booths and other sales places;

(2) Shall be responsible for coordinating the business guidance on the funeral industry management.

17. District Public Security Fire Brigade

(1) Shall be responsible for investigating, according to law, fire hazards in the illegal business premises and shall take temporary measures to seal up according to law the places or parts seriously threatening public safety;

(2) Shall be responsible for investigating and handling the unauthorized business of fireworks and firecrackers, investigating and dealing with the business of fireworks and firecrackers beyond the permitted business scope or the validity period or outside the permitted business premises as stipulated in the license.

18. District Tax Branch

(1) Shall take strict control over illegal business operators making temporary registration in the daily tax inspection and matter of agent invoicing, urge them to apply for tax registration certificate, and submit the information to the joint meeting office;

(2) Shall optimize tax services, simplify the handling of matters, realize the combination of lessening and controlling, and reduce the cost of entrepreneurial system.

19. District Sports Bureau

(1) Shall take the lead in rectification of sports lottery booths and sheds;

(2) Shall carry out supervision and management of sports venues.

20. District Education Bureau

(1) Shall, in conjunction with the relevant departments, strengthen supervision and management of the implementation of academic education, pre-school education, self-taught examination aid and other cultural and educational private schools;

(2) Shall be responsible for access examination of private training agencies of business nature, and shall conduct supervision and management of business items and training activities of the licensed private training agencies (of the cultural and educational category);

(3) Shall conduct supervision and management of school-related business premises.

21. Sub-districts and towns

Shall carry out the territorial management responsibility, be responsible for taking the lead in arranging for rectification of illegal and irregular business in the area of jurisdiction, determine the region's special rectification work objectives and priorities; establish the working mechanism of comprehensive treatment of illegal and irregular business in the area of jurisdiction, organize and coordinate administrative departments to carry out joint law enforcement and resolve problems of contradiction in letters and visits concerning illegal and irregular business; urge agencies of the relevant functional departments to carry out classified management of actual situation of the area and cooperate with the relevant functional departments to standardize and guide the illegal and irregular business practices.

V. Work Requirements

1. Unify thinking and understanding, take the initiative to change concept

The rectification of illegal and irregular business is the common duty of every sub-district and town, and so it is imperative to fully understand the importance of carrying out the comprehensive treatment of illegal and irregular business to the maintaining of the business order and social order, and conscientiously implement all measures of comprehensive treatment. In the idea of management, it is imperative to achieve two changes: change from the single functional management to the social comprehensive management, bringing the management of illegal and irregular business into the sub-district grid management, carrying out comprehensive management; change from paying attention to market access to market supervision, and administrative departments shall explore the method of classification management, strengthen the supervision of market operations, strengthen guidance services, and actively explore effective solutions.

2. Clarify the division of duties and functions, change the working thought

Combined with the actual situation, the rectification of illegal and irregular business shall follow the working principle of “integration of block and strip, with block as the principle” and further implement the territorial management responsibility. Every unit shall pay attention to the distinction between priorities and urgencies,  carry out rectification step by step, in a planned way, year by year and one by one; it is imperative to make the comprehensive use of source control, strict law enforcement, standard guidance, credit constraints and other various management measures and enforcement means, exercise source management, system governance, make breakthrough in governance difficulties and continuously improve the effectiveness of comprehensive treatment work.

3. Strengthen the work assessment, improve the working mechanism

To carry out rectification of illegal and irregular business is one of the key works of the current government and the rectification work is to be included in the municipal and district-level assessment. All units shall further improve the assessment mechanism through the implementation of organization and leadership, determination of working objectives and clarification of main tasks and specific measures, and shall integrate the comprehensive rectification work in the scope of the unit assessment. The comprehensive rectification work mechanism shall be further improved between units, and the grid control shall be exercised on illegal and irregular business by such means as communication and coordination, timely information reporting, discovery and rapid disposal. The joint meeting office shall organize the inspection and reporting on the comprehensive rectification of illegal and irregular business in this District.

   4. Strengthen publicity, education and timely information feedback

     It is necessary to establish the mechanism of discovery, warning and notification of illegal and irregular business in the community to form a good atmosphere of social common concern; it is necessary to give full play to the role of news media, strengthen the correct guidance of public opinion propaganda, reveal the dangers of illegal and irregular business, publicize the rectification effect and accept social supervision, so as to make the rectification of illegal and irregular business win recognition and understanding of all walks of life; at the same time every department, sub-district and town shall submit the information on dynamic situation of comprehensive treatment in a timely manner.

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