Article 1 In order to comprehensively standardize administrative law enforcement and improve work efficiency, this system is formulated according to the State Council's Outline for Comprehensively Promoting Administration by Law and Jiangsu Provincial Administration for Industry and Commerce's Evaluation Scheme for Administration by Law.
Article 2 This system is applicable to all posts within the scope of this bureau and all administrative law enforcement personnel working in posts specified in this system.
Article 3 The post setting of this system is based on the regulations of Jiangsu Provincial Organization Establishment Committee on the functional allocation, internal structure and staffing of Yangzhou Gaoyou Administration for Industry and Commerce.
Chapter II Institutional Responsibilities
Article 4 Office (including financial) responsibilities
First, organize and coordinate the daily work of the organs of this bureau;
Two, responsible for secretarial, government information, suggestions and proposals, letters and visits, confidential, news propaganda, research and other work;
Three, responsible for the management and accounting of equipment and fixed assets of the whole system infrastructure projects;
Four, coordinate the whole system of housing informatization, file management and statistics;
Five, responsible for the system-wide financial fund management and budget, accounting, decision-making and fee management, bill management, internal audit supervision;
Six, to guide the basic accounting work of subordinate institutions and the whole system.
Article 5 Responsibilities of Personnel Education Class
First, responsible for the assessment, appointment, dismissal, resignation and file management of the management cadres of this bureau; Two, responsible for the whole system of personnel planning, personnel deployment, job title evaluation, wages and benefits, statistics;
Three, responsible for the organization and management of the whole system, infrastructure construction, spiritual civilization construction, selection and recognition, education and training;
Four, responsible for the daily service, management and activities of veteran cadres.
Article 6 Responsibilities of the Legal Affairs Department
One is to undertake the review and trial of administrative punishment cases in this system, as well as administrative reconsideration and administrative litigation;
Two, the organization of industrial and commercial administration laws, regulations and rules of publicity, training and legal education;
Three, the organization of industrial and commercial administration law enforcement supervision;
Four, organize the implementation of administrative law enforcement responsibility system;
Five, to guide the legal work of the whole system.
Article 7 Responsibilities of the Registry
1. Approve and issue the licenses of domestic-funded enterprises (including sole proprietorships and partnerships), individual industrial and commercial households and other business units within the jurisdiction;
Two, review and issue the advertising registration certificate within the jurisdiction.
Eighth supervision and management departments (including enterprises, trademarks, advertising, individual and private management departments) responsibilities.
1. Responsible for the annual inspection of enterprises registered in our bureau and the supervision and management of enterprises within its jurisdiction;
Two, the organization to investigate and deal with cases in violation of relevant laws and regulations on registration management;
Three, responsible for the supervision and management of trademark use, trademark printing and trademark verification;
Four, organize the investigation of trademark infringement and other illegal cases in the use of trademarks; Fifth, organize the implementation of advertising business qualification examination and approval;
6. Organize to investigate and deal with illegal advertisements;
Seven, to guide the work of trademark associations, advertising review agencies and advertising associations;
Eight, organize and guide the supervision and management of individual industrial and commercial households, individual partnerships and sole proprietorship enterprises;
Nine, guide the development of the city's individual and private economy;
Ten, to guide the work of individual and private economic associations.
Article 9 Responsibilities of the foreign investment registration administration department
1. According to the relevant foreign-related policies and regulations of the state, under the leadership of Yangzhou Administration for Industry and Commerce, carry out the relevant work of registration management of foreign-invested enterprises according to law;
Second, conscientiously study and implement the relevant state policies and regulations concerning foreign affairs, strengthen the training of laws and regulations for liaison officers of foreign-invested enterprises, and do a good job in consulting and reporting;
Three, counseling enterprises to do a good job in preparation for the opening, change and cancellation of the application, the documents, certificates and application for registration submitted by the enterprise for preliminary examination (including on-the-spot investigation), after the registration materials are complete, put forward preliminary examination opinions and report them to Yangzhou Industrial and Commercial Bureau for examination;
Four, to guide the grass-roots industrial and commercial branches to implement economic account management for foreign-invested enterprises in accordance with the "Measures for the Administration of Economic Accounts in Jiangsu Province Administration for Industry and Commerce";
Five, check the foreign-invested enterprises in the region's capital contribution and the implementation of the articles of association, and report relevant statements and materials in a timely manner; Under the guidance of Yangzhou Administration for Industry and Commerce, directly undertake the preliminary examination of the annual inspection of foreign-invested enterprises in the region according to the authorization, be responsible for summarizing, statistically analyzing and reporting the annual inspection reports of foreign-invested enterprises in the region, and assist Yangzhou Administration for Industry and Commerce in completing the computer entry of the annual inspection reports;
Seven, investigate and deal with cases in violation of the laws and regulations on the registration and management of foreign-invested enterprises in this area, put forward opinions and report them to Yangzhou Industrial and Commercial Bureau for handling;
Eight, timely reflect the new situation and new problems in the work, do a good job in investigation and study, and explore new ways of registration management;
Nine, according to the scope of authorization to do the relevant work (except that Yangzhou Bureau thinks it is necessary to handle it directly);
Ten, actively complete other work assigned by Yangzhou Bureau.
Article 10 Responsibilities of Market Contract Management Section
1. Organize and standardize the management order of various markets;
Two, supervision and management of the city's various consumer goods market, the means of production market;
Three, participate in market cultivation and market layout planning, responsible for the management and guidance of market registration and statistics;
Four, responsible for the management of commodity fairs;
Five, responsible for the supervision and management of online trading activities and business practices;
Six, the city's economic supervision and management;
Seven, the organization to investigate and deal with contract violations;
Eight, responsible for enterprise mortgage registration, accepting contract verification, administrative mediation of contract disputes, organization, supervision and management of auction behavior;
Nine, to guide the work of the Association of Economic Persons and the Association of Enterprise Credit Management. Answer Supplementary Article 11 Responsibilities of Fair Trade Supervision Office
1. Organize to investigate and deal with economic violations such as monopoly, unfair competition, smuggling in circulation and smuggling in market transactions;
Two, responsible for the supervision and management of commodity quality in the circulation field;
Three, the organization to investigate and deal with serious violations of the legitimate rights and interests of consumers.
Article 12 Responsibilities of the Consumer Protection Section
1. Responsible for guiding the protection of consumers' rights and interests in grass-roots branches;
Two, responsible for the supervision and management of commodity quality in the circulation field;
Three, organize the investigation and punishment of serious violations of the legitimate rights and interests of consumers;
Four, responsible for the acceptance, transfer and handling of consumer complaints and reports;
Verb (abbreviation of verb) is responsible for the work of the petition acceptance center, telephone12315;
Thirteenth responsibilities of the economic supervision and inspection team
1. To investigate and deal with economic illegal cases such as monopoly, unfair competition, smuggling, distribution of fake and shoddy goods in the circulation field;
Two, to undertake the special rectification work of the city's market supervision.
Chapter III Responsibilities of Grass-roots Industrial and Commercial Sub-bureaus
Article 14 Responsibility of the Director-General
First, to preside over the overall work of this branch;
2. Organize the staff of the whole branch to seriously study and implement laws, regulations, rules and relevant policies, learn political tofu and business knowledge, and constantly improve the political and business quality of the staff of the whole branch; Third, lead the employees of the whole bank to conscientiously perform the duties of the industrial and commercial branch, so as to achieve clear objectives, careful planning, scientific division of labor and responsibilities in place, do a good job in charge of the work and supervise and inspect the implementation of other work to ensure the smooth completion of the objectives and tasks;
Fourth, coordinate internal and external relations, implement the work of the superior industrial and commercial bureau, actively focus on the work of the center, and serve the local economic development;
Five, according to the provisions of the authority to handle the affairs within the scope of authority, establish and improve the internal management system, take the lead and supervise the implementation of the whole branch;
Sixth, earnestly do a good job in the construction of party organizations in industrial and commercial sub-bureaus, implement the "three meetings and one lesson" system, and do a good job in building a clean government in sub-bureaus;
Seven, guide the area of private associations, consumer associations and other organizations to carry out various activities;
Eight, do a good job in the ideological and political work of the overall staff, and care about their study, life and work vividly;
Nine, strengthen the infrastructure construction of industrial and commercial branches, actively explore and innovate, and provide scientific basis for the decision-making of superior leaders;
Ten, complete other tasks assigned by the superior industrial and commercial bureau.
Article 15 Responsibilities of Deputy Director
1. Assist the director of the sub-bureau, and concurrently serve as the legal officer and discipline inspector of the sub-bureau;
Two, organize the implementation of the supervision and management of market behavior and market transactions in this area, and be responsible for market inspections;
Three, responsible for formulating and organizing the implementation of the regional inspection plan within the jurisdiction, and guiding the inspection supervisors to carry out their work;
Four, a comprehensive grasp of the basic situation of all kinds of market players within the jurisdiction, organize special or comprehensive law enforcement inspection; Responsible for the supervision and management of trademark use, printing, advertising and contract performance within the jurisdiction;
Six, responsible for the administrative punishment of the industrial and commercial branch, investigate and deal with cases of economic violations within the jurisdiction, and be responsible for the drafting or preliminary examination of legal documents;
Seven, regularly report to the director, timely analysis of comprehensive supervision, and put forward suggestions;
Eight, assist the director to deal with internal and external relations, master the thoughts and work trends of the branch staff, and do a good job in building a clean government;
Nine, when the director is away, presided over the branch work, to ensure the smooth progress of the whole branch work;
Ten, complete other tasks assigned by the superior industrial and commercial bureau and the director.
Article 16 Responsibilities of economic supervision and inspection squadrons
First, according to the provisions of laws and regulations, undertake the investigation and punishment of illegal cases of various market entities within the jurisdiction;
Two, to undertake the investigation of cases entrusted by the dispatching bureau;
Three, according to the arrangement of the superior bureau, to undertake the special rectification work of local market supervision.
Chapter IV Responsibilities of Personnel in Relevant Positions
Article 17 Responsibilities of Legislative Affairs Officials
1. Be responsible for reviewing cases of administrative punishment made in the name of the unit or entrusted by the dispatching bureau in the name of the dispatching bureau by applying general procedures;
Two, assist the legal department of the dispatching bureau to do a good job in the hearing of the parties to the administrative punishment cases that meet the hearing conditions;
The fifth is to organize legal training and learning activities of the unit;
Six, to provide legal advisory services for the administrative law enforcement of this unit;
Seven, undertake liaison work with the legal department of the dispatching bureau, convey the work requirements of the legal department at a higher level, and report to the legal department of the dispatching bureau;
Eight, complete other work assigned by the unit and the superior legal department.
Article 18 Responsibilities of the case undertaker
First, it is responsible for filing procedures for general procedural cases;
Two, responsible for the investigation and evidence collection of the case, find out the facts of the case;
3. Go through the formalities of administrative compulsory measures according to law;
Four, according to the law should be audited cases, after the investigation, write a report, draft the administrative punishment decision together with the case materials in accordance with the provisions of the legal institutions to audit;
Five, after the approval of the punishment proposal, make an oral notice of administrative punishment to the parties or make and serve the notice of punishment according to law;
Six, listen to and record the statements and arguments of the parties;
Seven, in line with the conditions of hearing cases, according to the law to produce and serve a notice of hearing to the parties;
Eight, the parties require the hearing participants to participate in the hearing, put forward illegal facts, evidence, basis and punishment suggestions to the parties and debate;
Nine, according to the law to the parties to the administrative punishment decision;
Ten, urge the parties to fulfill the punishment decision;
Eleven, the parties refused to perform the punishment decision, in conjunction with the legal institutions to apply to the people's court for compulsory execution within the magic weapon period; Twelve, administrative reconsideration, administrative compensation, administrative litigation cases with legal institutions to do a good job of reconsideration, compensation and litigation;
Thirteen, responsible for the filing of cases.
Article 19 Responsibilities of the personnel accepting registration
First, according to the laws, regulations, rules and normative documents of the registration authorities at all levels, confirm whether the name or enterprise applying for registration belongs to the jurisdiction of this registration authority;
Two, according to the type of enterprise to review whether the types and quantities of documents submitted are complete, and whether the departments, levels and forms that issue approval documents or certificates comply with laws and regulations;
3. Whether the submitted documents are originals or copies signed and checked by the applicant, and the copies of the approval documents and the investor's certificate shall be checked with the originals;
4. Whether to submit the relevant explanatory materials of the application within the time limit;
5. Whether the personnel entrusted to register comply with the relevant provisions of the State Administration for Industry and Commerce;
6. Whether the name of the application for registration contains the names of other legal persons, foreign countries (regions), international organizations, political parties, military and political organs, mass organizations, social organizations and the military;
Seven, the application is complete, the expression of meaning is clear and unambiguous.
Article 20 Supplementary reply to examiner's duties 1. Articles of Association: Whether all the necessary clauses of the articles of association are complete, whether the contents of the articles of association comply with the provisions of relevant laws and regulations on enterprise registration, rules and normative documents of the provincial government and the State Administration for Industry and Commerce, and whether the signing of the articles of association conforms to the provisions.
Two. Capital verification report: whether the investor, amount, mode and proportion of capital contribution are consistent with the company's articles of association and application, whether the source of funds is consistent with the economic nature, whether the capital verification report is complete and whether the conclusion is clear.
3. Shareholders (investors) or sponsors: Whether the qualifications of shareholders (investors) or sponsors conform to the provisions of laws, regulations, rules and normative documents of the provincial government and the State Administration for Industry and Commerce, put forward examination opinions on the issue of shareholders' capital contribution ability clearly stated in the capital verification report, and check whether the shareholders (investors) or sponsors are consistent in the company's articles of association, capital verification report, registration application and related certificates.
Four. Legal representative, directors, supervisors and managers: Whether the post-holding documents comply with laws, regulations and the articles of association.
Verb (abbreviation of verb) domicile: check whether the articles of association, application form and residence use certificate are consistent, whether there is legal use certificate, and whether it is relatively independent at the same registered address.
6. Scope of business: whether the terms in the scope of business are standardized, whether the matters that should be examined and approved according to law in the scope of business are reported to the relevant departments for approval according to regulations, whether the terms in the scope of business are consistent with the terms in the examination and approval documents or certificates, and whether there are corresponding explanations and certification materials for the non-standard terms used. 7. Name: whether the content expressed in trade terms is consistent with the business scope of the enterprise, whether the enterprise name is composed of font size (or trade name), industry or business characteristics and organizational form in turn, and is preceded by the name of the administrative division of the province, city and county where the enterprise is located, whether there are words and contents that cannot be contained in the enterprise name, and whether the enterprise name is the same as or similar to the registered name of the same industry.
Eight. Change: In addition to the above requirements, the change registration should also be checked with the enterprise files to check whether the change content conforms to the provisions of the articles of association, whether the resolutions and decisions submitted conform to laws, regulations and articles of association, whether the organization or department that made the resolutions and decisions has changed, whether there is an obviously questionable signature, and whether the business scope of the branch is beyond the business scope of the parent company.
Twenty-first duties of the examination and approval personnel
The approver rechecks the issues raised in the name, shareholder qualification, capital verification report, approval documents, articles of association, relevant organizations, formation methods, functions and powers, rules of procedure, and auditor's audit opinions, and signs the opinions of approval or disapproval of registration within the legal time.
Article 22 123 15 Responsibilities of the personnel of the complaint reporting desk
First, according to the Law on the Protection of Consumers' Rights and Interests, the Measures for Punishment of Consumer Fraud and other laws and regulations, we will accept complaints about all kinds of acts that infringe on consumers' legitimate rights and interests and deal with them according to law. Accepting reports of violations of industrial and commercial laws and regulations such as manufacturing and selling fake and shoddy goods, smuggling and unfair competition.
Three, in accordance with the principle of "centralized and unified acceptance, classified handling", to accept all kinds of complaints and reports for registration, analysis, transfer, supervision.
Four, responsible for accepting complaints and reporting cases of feedback, file sorting and filing.
Five, to guide the business work of the next level of letters and visits institutions.
Six, complete other work assigned by the director's office.
Article 23 Duties of supervisory and managerial personnel
First, in accordance with the requirements of classified supervision of economic accounts, it is responsible for the daily inspection and supervision of various market entities within its jurisdiction and publicizing laws and regulations;
Second, make an inspection plan in time;
The third is to investigate and deal with all kinds of illegal acts;
Four, responsible for the annual inspection and inspection of various market entities in this area;
Five, the establishment of various types of supervision and management accounting, responsible for the supervision and management of information release and computer input.
Six, in accordance with the provisions of laws and regulations to collect management fees;
Seven, complete other tasks assigned by the unit leaders.