Administrative Licensing Law of the People's Republic of China (Amended in 2019)
(Adopted at the 4th session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on August 27, 2003, and revised according to the Decision on Revising Eight Laws including the Construction Law of the People's Republic of China passed at the 10th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on April 23, 2019)
第一章 总 则
Chapter 1 General Provisions
Article 1 This Law is enacted in accordance with the Constitution in order to regulate the establishment and implementation of administrative licenses, to protect the legitimate rights and interests of citizens, legal persons and other organizations, to safeguard public interests and social order, to ensure and supervise the effective implementation of administrative management.
Article 2 The term "administrative license" as mentioned in the Law refers to the acts that the administrative organs permit, upon examination according to law, the citizens, legal persons or other organizations to engage in special activities according to their applications.
Article 3. This Law shall apply to the establishment and implementation of administrative licensing.
This Law shall not be applicable to the examination and approval of such matters as personnel, finance and foreign affairs of relevant administrative organs to other organs or public institutions directly thereunder.
Article 4 The establishment and implementation of an administrative license shall tally with legal authority, scope, conditions and procedures.
Article 5. Establishment and implementation of administrative licensing shall comply with the principles of transparency, fairness, justice and non-discrimination.
Relevant regulations on administrative licensing shall be promulgated to provide the basis for the implementation of administrative licensing. The implementation and results of administrative licensing shall be announced, except where State secrets, commercial secrets or personal privacy are involved. Without the consent of the applicant, the administrative authorities and their staff, and the personnel participating in expert review etc shall not disclose commercial secrets submitted by the applicant, undisclosed information or confidential commercial information, unless otherwise stipulated by the laws or where the national security or significant public interest is involved; where the administrative authorities have announced the aforesaid information of the applicant pursuant to the law, the applicant shall be allowed to raise an objection within a reasonable period.
The applicants who meet the statutory conditions and standards shall have the equal right to obtain an administrative license in accordance with the law. The administrative organ shall not discriminate against any person in this regard.
Article 6 In the implementation of administrative licensing, the principle of facilitating people shall be abided by so as to enhance the efficiency and to render quality services.
Article 7 With regard to an administrative organ's implementation of an administrative licensing, the citizens, legal person or other institutions shall be entitled to make statements, to defend themselves, to apply for administrative reconsideration or to file an administrative lawsuit in accordance with the law. Where any of their legal rights and interests is impaired because of the administrative organs' unlawful implementation of the administrative licensing, it shall be entitled to demand compensation in accordance with the law.
Article 8. Administrative licenses granted to citizens, legal persons or other organisations in accordance with laws shall be protected by the laws. Administrative authorities shall not alter a valid administrative license arbitrarily.
Where any of the laws, regulations and rules that the administrative licensing is based on is amended or abolished, or the objective circumstances that the administrative licensing rests on change greatly, in order to meet the demand of public interests, the administrative organ may modify or revoke the effective administrative licensing. The damages caused to the properties of citizens, legal persons or other organizations shall be compensated for by the administrative organ in accordance with the law.
Article 9 An administrative license obtained in accordance with the law shall not be transferred except for those that may be transferred in light of the legal conditions and procedures of the laws and regulations.
Article 10 The people's governments above the county level shall establish and perfect the supervisory system for the administrative licensing implemented by administrative organs, and shall strengthen the supervision and inspection over the administrative licensing implemented by administrative organs.
The administrative organs shall effectively supervise the activities of the citizens, legal persons or other institutions concerning the matters under administrative license.
Chapter II Establishment of an Administrative License
Article 11 The establishment of an administrative license shall be in line with the rule of economic and social development, shall be propitious to the full play of the enthusiasm and initiative of the citizens, legal persons or other institutions, safeguard the public interests and social order, promote the harmonious development of the economy, society and ecological environment.
Article 12 An administrative licensing may be established for any of the following matters:
1. The special activities that directly bear on the state security, public security, macro-economic control, ecological environment protection, and those directly relate to the human health, safety of life and property, which shall be approved according to the legal requirements;
(II) The development and utilization of the limited natural resources, allocation of public resources and the market entry of the special trades that directly concern public interests, which shall be entitled with special rights;
(III) The vocations and trades that provide public services and directly relate to the public interests, which need qualification of special credit, conditions or skills;
(IV) The important equipment, facilities, products, articles that directly concern public security, human health, the safety of life and property, which shall be examined and approved by means of inspection, testing, and quarantine according to the technical standards or criterions;
(V) The establishment of the enterprises or other institutions, which need to determine the subject qualification;
(VI) Other matters, for which administrative licensing may be established in accordance with the laws and regulations.
Article 13 For the matters listed in Article 12 of the Law, which may be regulated through the following methods, the administrative licensing are not required to be established:
1. Those can be decided by the citizens, legal person or other institutions themselves;
2. Those can be effectively regulated by the market competition mechanism;
(III) Those may be subject to the self-discipline management of the industrial organizations or intermediary institutions;
(IV) The matters that can be solved by the administrative organs by means of supervision afterwards or through other administrative methods.
Article 14. Administrative licensing may be established by laws for matters listed in Article 12. Where there is no governing law, administrative licensing may be established by means of administrative regulations.
Where necessary, the State Council may adopt the form of releasing decisions to establish administrative licensing. After implementation, except for the matters under temporary administrative licensing, the State Council shall timely propose to the National People 's Congress and its Standing Committee to formulate laws, or formulate administrative regulations by itself.
Article 15 If there is no governing law or administrative regulation yet, an administrative licensing may be established by means of local regulations for any of the matters listed in Article 12 of the Law; if there is no governing law, administrative regulation and local regulation yet, but it is really necessary to establish an administrative licensing to conduct administrative management immediately, an temporary administrative licensing may be established by means of a regulation of the people's government of a province, autonomous region or municipality directly under the Central Government. In case it is necessary to keep on implementing the administrative licensing after a year, the people 's congress and its standing committee of the same level shall be proposed to formulate a local regulation.
No local regulation or government rule of the provinces, autonomous regions and municipalities directly under the Central Government may establish any administrative licensing for the qualifications of the citizens, legal persons or other institutions that shall be determined by the state; no administrative licensing and pre-administrative licensing may be established for the establishment and registration of enterprises or other institutions. The administrative licensing established thereby shall not hinder the individuals or enterprises of other regions from dealing in production and business and providing services in one region, shall not restrict the commodities of other regions from entering into the market of the local region.
Article 16 An administrative regulation may have specific requirements for the implementation of an administrative licensing within the scope of the matters prescribed by a statutory administrative licensing.
A local regulation may, within the scope of the matters of administrative licensing established by the laws and administrative regulations, make specific requirements for the implementation of the administrative licensing.
The regulation may make specific requirements for the implementation of the administrative licensing within the scope of the matters established by the upper law.
The regulations and rules shall not make specific requirements for the implementation of the administrative licensing set down by the upper law, shall not increase administrative licensing; for the specific conditions of administrative licensing, they shall not establish any other condition in violation of the upper law.
Article 17 Except for Articles 14 and 15 of the Law, no administrative licensing shall be set in any other regulatory document.
Article 18 In the establishment of an administrative licensing, the implementing organ, conditions, procedures and time limit shall be specified.
Article 19 Where an administrative license is to be established by means of drafting a law, a regulation or a regulation of the people's government of a province, autonomous region or municipality directly under the Central Government, the drafting entity shall consult the opinions through hearing and argumentation, etc., and shall give explanations to the law (regulation) making organ about the necessity to establish the administrative license, the potential effects on the economy and society and the opinions heard and adopted.
Article 20 The establishment organ of the administrative license shall periodically evaluate the administrative license it set. If it considers that an already established administrative license can be solved through any of the methods listed in Article 13 of the Law, it shall modify the requirements for the establishment of the administrative license or abolish it in time.
The executive organ of an administrative license shall evaluate the information of the implementation of the administrative license and necessity of its existence, and shall report the relevant opinions to the establishing organ of the administrative license.
Citizens, legal persons and other organizations may put forward opinions and suggestions to the establishment organ and executive organ about the establishment and implementation of the administrative licensing.
Article 21 Where any of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government considers an administrative licensing on economic affairs, which is established by means of administrative regulation, can be solved through any of the methods listed in Article 13 of the Law according to the economic and social development of this administrative area, it may stop implementing the administrative licensing within the administrative area upon reporting to and obtaining the approval of the State Council.
Chapter III Executive Organ for Administrative Licensing
Article 22 An administrative licensing shall be implemented by the empowered administrative organ within its statutory functions.
Article 23 The organization with a function of managing public affairs under the authorization of a law or regulation shall, within the authorized scope, implement the administrative licensing in its own name. The provisions concerning the administrative organ in the Law shall be applicable to the empowered organizations.
Article 24 An administrative organ may, within its statutory functions, authorize other administrative organs to implement the administrative licensing in light of the laws, regulations and rules. The authorizing organ shall announce to the public the authorized administrative organs and the authorized particulars of the administrative license.
The authorizing administrative organ shall be responsible for supervising the implementation of the administrative licensing by the authorized administrative organs, and shall bear the legal liabilities for the consequences of implementation.
An authorized administrative organ shall, within the authorized scope, implement the administrative licensing in the name of the authorizing administrative organ; it shall not authorize any other organization or individual to implement the administrative licensing.
Article 25 Upon approval of the State Council, the people's governments of the provinces, autonomous regions and municipalities may decide one administrative organ to exercise the power of administrative license of the relevant administrative organs according to the principle of simplification, unification and efficiency.
Article 26 Where it is necessary to handle the administrative licensing through several interior institutions of the administrative organ, this administrative organ shall determine one institution to accept all the applications for the administrative licensing and serve all the decisions about the administrative licensing.
Where the administrative licensing is implemented separately by at least two departments of the local people's government in accordance with the law, the people's government of the same level shall determine one department to accept the applications for administrative licensing and inform the relevant departments of them, and handle these applications after the relevant departments have put forward their own opinions, organize the relevant departments to handle the applications jointly and intensively.
Article 27 When implementing the administrative license, the administrative organ may not require any applicant to buy the designated commodities and to accept paid services or have other unreasonable requests.
In handling an administrative licensing, the functionaries of the administrative organ may not exert any property from or accept any property of the applicants, neither may they seek for any other interests.
Article 28 The inspection, testing, and quarantine of the equipments, facilities, products, articles that directly concern public security, human health, the safety of life and property shall be gradually organized and implemented by the professional technical organizations that meet the statutory requirements. The professional technical organizations and the relevant personnel shall bear the legal liabilities for the conclusions they reach.
Chapter IV Procedures for the Implementation of Administrative Licensing
第一节 申 请 与 受 理
Section 1 Application and Acceptance
Article 29 Where a citizen, legal person or any of other institutions has to obtain an administrative license prior to dealing in a special activity, it shall file an application with the administrative organ. Where a standard application is required, the administrative organ shall provide the applicants with standard administrative licensing application. The application shall not contain any content that has no direct relationship with the licensing matters applied for.
An applicant may entrust an agent to file an administrative licensing application. However, exceptions shall be applied for where the applicant shall go to the office of the administrative authority to file the application for administrative licensing.
An administrative licensing application may be filed by means of letter, telegraph, telex, fax, electronic data interchange and email.
Article 30 An administrative organ shall display the licensing matters, basis, conditions, quantity, procedures and time limit as provided for in the laws, regulations and rules, the catalogue of the complete set of materials that shall be submitted and the exemplary application in its office place.
Where an applicant requests explanations or clarifications about the displayed contents, the administrative organ shall do so and shall provide accurate and reliable information.
Article 31 When applying for administrative licensing, an applicant shall faithfully submit relevant materials to the administrative organ, report the actual information, and shall be liable for the authenticity of the substantial contents of the application materials. The administrative organ may not ask the applicant to submit technical materials and other materials that have nothing to do with the matters under the administrative license it applies for.
The administrative organ and its working personnel shall not require transfer of technology as the condition for obtaining an administrative license; shall not require transfer of technology directly or indirectly in the process of implementing an administrative license.
Article 32 The administrative organ shall handle the applications for administrative license differently according to the following circumstances:
1. For the matter applied for that are not subject to administrative licensing in accordance with the law, it shall inform the applicant of the rejection immediately;
(II) If the matter applied for is not within the functions of the administrative organ, it shall make a decision of rejection immediately and shall inform the applicant to file an application for it with the relevant administrative organ;
(III) Where the errors in the application materials can be corrected on the spot, the applicant shall be permitted to correct them on the spot;
(IV) Where the application materials are incomplete or inconsistent with the statutory form, it shall inform the applicant on the spot or inform it of all the items that need to be supplemented or corrected within 5 days; if it fails to do so within the time limit, the day when the application materials are accepted shall be considered as the acceptance day; or
(V) Where the matter applied for falls within the functions of the administrative organ and the application materials are complete and in consistency with the statutory form, or the applicant has supplemented and corrected all the items as required, the application for administrative license shall be accepted.
When accepting or rejecting an application for administrative licensing, the administrative organ shall issue a written proof with the special seal of the administrative organ and the clear indication of date.
Article 33. Administrative authorities shall establish and improve the relevant systems for electronic administration, publish administrative licensing matters on the administrative authority's website and facilitate electronic submission of administrative licensing applications by applicants. Administrative authorities shall share relevant administrative licensing information with other administrative authorities for the purpose of improving work efficiency.
第二节 审 查 与 决 定
Section 2 Examination and Determination
Article 34 The administrative organ shall examine the application materials submitted by the applicant.
Where the application materials are complete and tally with the statutory form, the administrative organ shall make a written decision about the administrative licensing on the spot if it is able to do so.
Where it is necessary to verify the substantial content of the application in accordance with the statutory conditions and procedures, the administrative organ shall designate at least two functionaries to conduct verifications.
Article 35 Where an administrative licensing is subject to the examination of the lower administrative organ before it is reported and submitted to the upper administrative organ for decision, the lower administrative organ shall directly submit the preliminary examination opinions and the complete set of application materials to the upper administrative organ within the statutory time limit. The administrative authorities at a higher level shall not require applicants to provide application materials repeatedly.
Article 36 When examining the applications for administrative license, if the administrative organ finds that any party has important direct interests to the matters under the administrative license, it shall inform the interested party. The applicant and the interested party shall have the right to state and defend themselves. The administrative organ shall listen to the opinions of the applicant and the interested party.
Article 37 After the administrative organ has examined the application for administrative license, it shall make a decision about the administrative license in light of the prescribed procedures within the statutory time limit, unless the decision on the administrative license shall be made on the spot.
Article 38. Administrative authorities shall issue an approval decision in writing for administrative licensing applications which comply with statutory requirements and standards in accordance with laws.
Where the Administrative Organ makes a decision about the disapproval of the administrative licensing in accordance with the law, it shall give explanations to and inform the applicant that it is entitled to apply for administrative reconsideration or to file an administrative lawsuit.
Article 39 For an administrative organ that makes a decision about the approval of the administrative licensing, it shall issue one of the following certificates for administrative licensing with the seal of this administrative organ:
1. Permit, license or other kinds of licensing certificates;
2. qualification certificate or other qualification certificates;
(III) Documents of approval of the administrative organ or evidential documents;
(IV) other administrative licensing certificates as provided by the laws and regulations.
Where an administrative organ conducts inspection, testing or quarantine, it may affix a label on the equipment, facilities, products or articles that have passed the inspection, testing or quarantine or affix a seal of inspection, testing or quarantine.
Article 40 Administrative organs shall give publicity to the decisions about the approval of the administrative licensing, which the general public are entitled to consult.
Article 41 For an administrative license set down by laws and regulations, if there is no regional limit on its application scope, the administrative license obtained by an applicant shall be of nationwide validity.
第三节 期 限
Section 3 Time Limits
Article 42 An administrative organ shall make a decision on the administrative licensing within 20 days from the day when it accepts such an application unless it can make a decision on the spot. If it cannot make a decision within 20 days, it may extend for 10 days upon the approval of the person in charge of this administrative organ, and shall give explanations about the extension to the applicant. However, if it is otherwise provided for in any law and regulation, the latter shall prevail.
In accordance with Article 26 of this Law, where an administrative licensing is handled uniformly or jointly or collectively, the period shall not exceed 45 days; if it cannot be completed within 45 days, it may, upon the approval of the people's government of the same level, be extended for 15 days, and the applicant shall be notified of the reasons for extension.
Article 43 For an administrative licensing that is subject to the examination of a lower administrative organ before it is reported and submitted to an upper administrative organ, the lower administrative organ shall complete the examination within 20 days from the day when the application for administrative licensing is accepted. However, if it is otherwise provided for in any law and regulation, the latter shall prevail.
Article 44 If an administrative organ makes a decision of administrative licensing, it shall issue and serve the applicant the certificate of administrative licensing, or stamp a label, affix a seal of inspection, testing or quarantine, within 10 days from the day when such a decision is made.
Article 45 In accordance with the law, where an administrative organ needs hearing, bid invitation, auction, inspection, testing, quarantine or expert evaluation, the required time shall not be included in the time limit specified in this Section. The administrative authorities shall notify the applicant in writing of the time required.
第四节 听 证
Section 4 Hearing
Article 46 For a hearing as provided for the implementation of administrative licensing in any law, regulation or rule, or for any other licensing matters of great importance to the public interests that the administrative organ considers it necessary to hold a hearing, the administrative organ shall announce it to the public and hold a hearing.
Article 47 Where an administrative license is of direct significance to the interests of the applicant or others, before the administrative organ makes a decision about the administrative license, it shall inform the applicant or the interested party of the right to request for a hearing. Where the applicant or interested party applies for a hearing within 5 days from the day when it is informed of such right, the administrative organ shall organize a hearing within 20 days.
The applicant and interested party shall not bear the expenses for the hearing organized by the administrative organ.
Article 48 The hearing shall be held according to the following procedures:
1. The administrative organ shall notify the applicant and interested party of the time and place of the hearing 7 days before it is held, and shall announce it to the public where necessary;
(II) The hearing shall be held openly;
(III) The administrative organ shall designate a person to host the hearing, the person shall not be from the persons who are responsible for the examination of the application for administrative license, where the applicant or interested party considers that the host or hostess of the hearing is of direct interest to the matters under administrative license, it shall be entitled to apply for withdrawal;
(IV) While holding a hearing, the persons who are responsible for the examination of an application for administrative licensing shall provide proofs, reasons for the examination opinions, the applicant and the interested party may produce evidence, defend and conduct cross-examinations;
(V) Written records about the hearing shall be made. The hearing participants shall sign their names on or affix their seals to the records after they have confirmed them as inerrant.
The administrative organ shall make a decision on the administrative license according to the transcripts of the hearing.
第五节 变 更 与 延 续
Section 5. Change and Extension
Article 49. Administrative licensees requesting for amendment (s) to an administrative license shall apply to the original administrative authority which has granted the administrative license. The administrative authority shall process the amendment (s) in accordance with laws where the application satisfies statutory requirements and standards.
Article 50 Where a licensee needs to extend the valid period of an administrative licensing it obtained in accordance with the law, it shall file an application with the administrative organ that made the decision about the administrative licensing 30 days prior to the expiry of the valid period of this administrative licensing. However, if it is otherwise provided for in any law, regulation or rule, the latter shall prevail.
An administrative organ shall decide whether to approve the extension prior to the expiry of the valid period of this administrative license; if it fails to make a decision within the time limit, it shall be deemed that the extension has been approved.
第六节 特 别 规 定
Section 6 Specific Provisions
Article 51. The provisions of this Section shall apply to implementation of administrative licensing. Other provisions of this Chapter shall apply to matters not covered in this Section.
Article 52 The procedures for the State Council to implement an administrative license shall be governed by the relevant laws and administrative regulations.
Article 53 When implementing the licensing matters listed in Article 12 (2) of the Law, the administrative organ shall make a decision by adopting fair competitive methods, such as bid invitation and auction. Where the laws and administrative regulations provide otherwise, such provisions shall prevail.
The specific procedures for the administrative organ to decide an administrative license by means of bid invitation and auction shall be in line with the relevant laws and administrative regulations.
After the administrative organ has determined the bid winner or buyer according to the bid or auction procedures, in accordance with the law, it shall issue a certificate for the administrative license to the bid winner or buyer.
Where an administrative organ fails to adopt the forms of bid invitation and auction in violation of this Article, or violates the procedures for bid invitation or auction, impairing the lawful rights and interests of the applicant, the applicant may apply for administrative reconsideration or file an administrative lawsuit according to law.
Article 54 When implementing the licensing matters listed in Article 12 (3) of the Law, namely, holding a national examinations for the purpose of granting the citizens any special qualification in accordance with the law, the administrative organ shall make decisions about the administrative licensing according to the examination results and other statutory conditions; when granting a special qualification to the legal persons or other organizations, the administrative organ shall make decisions about the administrative licensing according to the evaluation results in the aspects of the structure of professionals of the applicants, technical conditions, business performance and management level. Where the laws and administrative regulations provide otherwise, such provisions shall prevail.
Examination for specific qualifications of citizens shall be implemented by the administrative authorities or industry organisations pursuant to the law and shall be conducted openly. The administrative organ or industrial organization shall announce in advance the requirements for enrolling for the qualification examination, how to get enrolled, the examination subjects and the examination syllabus. However, no compulsory pre-examination training for the qualification examination shall be organized, nor shall any teaching material or other materials supporting the examination be specified.
Article 55 When implementing the licensing matters listed in Article 12 (4) of the Law, namely, conducting inspection, testing or quarantine according to the technical standards or criteria, the administrative organ shall make decisions according to the pertinent results.
Within 5 days from the day when the administrative organ accepts an application, at least 2 functionaries shall be designated to do inspection, testing or quarantine according to the technical standards or criteria. If it is able to determine whether the equipment, facilities, products or articles accord with the technical standard or criteria and it is unnecessary make further analysis to the results of the inspection, testing or quarantine, the administrative organ shall make a decision about the administrative license on the spot.
If the administrative organ decides to disapprove the administrative license according to the results of inspection, testing and quarantine, it shall make a written explanation about the technical standard or criterion on which the decision is based.
Article 56. Administrative authorities shall grant registration on the spot for administrative licensing applications set out under Item (5) of Article 12 which are complete and comply with the statutory format. If it is necessary to verify the substantial content of the application materials, the administrative organ shall implement Article 34 (3) of the Law.
Article 57 For an administrative licensing with quantitative restrictions, where the applications of at least 2 applicants meet the statutory conditions and standards, the administrative organ shall decide to approve the administrative licensing according to the priority order of accepting the applications for the administrative licensing. Where the laws and administrative regulations provide otherwise, such provisions shall prevail.
Chapter 5 Costs of Administrative Licensing
Article 58. Administrative authorities shall not collect fees for implementation of administrative licensing and supervision and inspection of administrative licensing matters. Where the laws and administrative regulations provide otherwise, such provisions shall prevail.
When offering exemplary application form of administrative licensing, the administrative organ shall not charge anything for that.
The essential fund for the administrative organ to implement an administrative licensing shall listed in the budget of this administrative organ, which shall be ensured, checked and appropriated by the finance department of the same level according to the ratified budget.
Article 59 Where an administrative organ charges fees for the implementation of administrative licensing in accordance with the laws and administrative regulations, the fees shall accord with the announced statutory items and standards; the fees collected shall be totally turned in to the treasury, which shall not be withheld, impropriated, privately divided openly or in disguised form by any organ or individual. The finance departments shall not refund openly or in disguised form the fees charged for the implementation of the administrative licensing.
第六章 监 督 检 查
Chapter 6 Supervision and Inspection
Article 60. Superior administrative authorities shall reinforce supervision and inspection of the implementation of administrative licensing by subordinate administrative authorities and promptly redress any misconduct in the implementation of administrative licensing.
Article 61 The administrative organs shall establish and perfect the supervision system, shall perform the supervisory duties by means of checking the relevant materials reflecting the information about the licensees' activities under the administrative licensing.
When conducting supervision and inspection over a licensee 'activities under the administrative license, an administrative organ shall note down the information about the supervision and inspection and the handling result, and transfer the notes to the archival department upon the signatures of the supervisors or inspectors. The public shall have the right to consult the supervision and inspection records of the administrative organ.
The administrative organ shall create conditions to link with the archival computer systems of the licensees and other relevant administrative organs to check the licensees' activities under the administrative licensing.
Article 62 In accordance with the law, an administrative organ may conduct random examination, check and testing on the products manufactured and run by a licensee, and shall examine the production and operation places on the spot. When conducting examination, the administrative organ may consult or require the licensee to submit relevant materials in accordance with the law; the licensee shall faithfully provide the relevant information and materials.
The administrative authorities shall conduct regular inspection of important equipment and facilities which relate directly to public security, personal health and life and property security pursuant to the provisions of laws and administrative regulations. The administrative organ shall issue relevant certificates to those that pass the examination.
Article 63 When conducting supervision and examination, the administrative organ may not hinder the licensee from engaging in normal production and operation activities, may not ask for or accept the licensee's property, and may not seek for other interests.
Article 64. Licensees engaging in illegal administrative licensing activities outside the jurisdiction of the original administrative authority which has granted the administrative license shall be reported by the administrative authority at the place where the illegal activities are conducted to the original administrative authority which has granted the administrative license in accordance with laws.
Article 65 Where any individual or organization discovers any activity in violation of the matters under an administrative license, it shall be entitled to inform the administrative organ, which shall verify and deal with such activity in time.
Article 66 Where a licensee fails to perform the obligation of exploiting and utilizing of natural resources in accordance with the law, or of utilizing public resources, the administrative organ shall order it to get right within a time limit; where the licensee fails to get right within the time limit, the administrative organ shall punish it in accordance with the relevant laws and administrative regulations.
Article 67 A licensee, who has acquired the administrative license for the market access to a special trade of direct importance to the public interests, shall provide the users with safe, convenient and stable services at a fair price in accordance with the service and charging standards as provided for by the state and the conditions as specified by the administrative organ in accordance with the law, and shall perform the obligation of offering universal services. Without the approval of the licensing administrative organ, it may not stop or suspend its business.
Where a licensee fails to perform the obligations specified in the preceding paragraph, the administrative organ shall order him to make corrections within a time limit or take effective measures to urge him to perform his obligations according to law.
Article 68 For the important equipment and facilities that directly concern public security, human health and safety of life and property, the administrative organ shall supervise and urge the design, construction, installation and use entities to establish relevant self-check system.
Where the administrative authorities discover in the course of supervision and inspection that there are safety hazards in the key equipment and facilities which relate directly to public security, personal health and security of life and property, they shall order that the construction, installation and use be suspended, and that the design, construction, installation and use organisations shall forthwith make correction.
Article 69 The decision-making administrative organ or its upper administrative organ may, under any of the following circumstances, annul an administrative licensing according to the request of the interested party or according to its functions:
1. The functionaries of the administrative organ decide to approve an administrative licensing as the result of abusing their power and neglecting their duties;
2. Where they make a decision on granting an administrative license beyond their statutory authority;
(III) A decision on approving an administrative licensing is made in violation of the statutory procedures;
(IV) An applicant who doesn't meet the applying qualification or the statutory conditions has been approved of an administrative license; or
5. other circumstances under which an administrative license may be revoked in accordance with the law.
Where a licensee obtains an administrative licensing through cheating, offering bribes or any other illegal methods, such administrative licensing shall be annulled;
Where the annulment of an administrative license in accordance with the preceding two paragraphs may seriously impair the public interests, it shall not be annulled.
Where the annulment of an administrative license in accordance with the first paragraph of this Article has impaired the legitimate rights and interests of the licensee, the administrative organ shall compensate for it in accordance with the law. Where an administrative license is annulled according to the second paragraph of this Article, the interests obtained by the licensee on the basis of this administrative license shall not be protected.
Article 70 In accordance with the law, an administrative organ shall, under any of the following circumstances, handle the procedures for the cancellation of the pertinent administrative licenses:
1. An administrative license fails to be extended at the expiry of its valid period;
2. An administrative license grants a citizen special qualification, but the citizen is dead or loses capacity for action;
(III) A legal person or any other organization is terminated according to law;
(IV) An administrative license is annulled or withdrawn, or the certificate for administrative license is revoked in light of the law;
(V) The matters under an administrative licensing are unable to be implemented due to force majeure;
(VI) Other circumstances specified by the laws and regulations in which the administrative license shall be canceled.
第七章 法 律 责 任
Chapter 7 Legal Liability
Article 71 Where an administrative organ establishes an administrative license in violation of Article 17 of the Law, it shall be ordered to get right by the relevant organ, or the administrative license shall be annulled in accordance with the law.
Article 72 Where an administrative organ and any of its functionaries violates any of the provisions of this Law under any of the following circumstances, it shall be ordered to get right by the superior administrative organ or the supervisory organ; if the circumstances are serious, the direct liable persons in charge and other direct liable persons shall be given an administrative sanction in accordance with the law:
1. failing to accept the administrative licensing application which meets the statutory conditions;
(II) Failing to display materials in offices that shall be displayed in accordance with laws;
(III) Failing to perform the statutory duty of keeping the applicant and the interested party informed during the period of accepting, examining and deciding an administrative license;
(IV) For an applicant whose application materials are incomplete or inconsistent with the statutory form, it fails to inform, once and for all, the applicant of all the items that shall be supplemented or corrected;
(V) illegally disclosing trade secrets, undisclosed information or confidential business information submitted by the applicant; or
(VI) The acquisition of an administrative license is based on the transfer of technology, or the transfer is required directly or indirectly during the implementation of the administrative license;
(VII) Failing to explain why an administrative licensing application is rejected or why an administrative licensing is disapproved in accordance with the law;
(VIII) Failing to hold a hearing as required by the law.
Article 73 Where any of the functionaries asks for or accepts the property of others' or seeks for other interests when implementing an administrative licensing and exercising supervision and inspection, if a crime is constituted, he shall be subject to criminal liabilities in accordance with the law. If the violation does not constitute a crime, he shall be imposed upon an administrative sanction in accordance with the law.
Article 74 When implementing an administrative licensing, an administrative organ is under any of the following circumstances shall be ordered to get right by its superior administrative organ or by the supervisory organ, the direct liable persons in charge and other direct liable persons shall be given an administrative sanction; if the violation constitutes a crime, they shall be subject to criminal responsibilities.
1. Granting an administrative license to an applicant who doesn't meet the statutory requirements or making a decision about the approval of an administrative license by exceeding its statutory functions;
2. Failing to grant an administrative license to an applicant who meets the statutory requirements or to make a decision about the approval of the administrative license within the statutory time limit;
(III) Having made a decision on approving an administrative licensing, which shall be decided according to the results of bid invitation or auction, or the exam scores that the applicants get in the examination, without taking the forms of bid invitation, auction or examination, or inconsistent with the results of bid invitation or auction, or with the exam scores the applicants get.
Article 75 When implementing an administrative licensing, an administrative organ that charges fees without permission or fails to charges fees according to the statutory items and standards shall be ordered to refund the fees collected illegally by its superior administrative organ or by the supervisory organ. The direct liable persons in charge and other liable persons shall be given an administrative sanction in accordance with the law.
The fees collected in implementing an administrative licensing in accordance with the law are withheld, misappropriated, divided privately or divided in a disguised form shall be ordered to be refunded; the direct liable persons in charge and other direct liable persons shall be given an administrative sanction; those who constitute a crime shall be subject to criminal responsibilities.
Article 76 Where an administrative organ impairs the legitimate rights and interests of the parties concerned due to its illegal implementation of an administrative licensing, it shall make compensations in accordance with the Law on State Compensation.
Article 77 Where an administrative organ fails to perform its supervisory functions or fails to do a good job in this aspect, which causes serious consequences, it shall be ordered to get right by its superior administrative organ or by the supervisory organ, the direct liable persons in charge and other direct liable persons shall be given an administrative sanction; and those whose violation has constituted a crime shall be subject to criminal responsibilities.
Article 78 Where an applicant for administrative license conceals any relevant information or provides false materials in applying for an administrative license, the administrative organ shall not accept its application or shall not grant it such administrative license, and shall give it a warning; if such an application for administrative license directly concerns the public security, human health and safety of life and property, the applicant shall not re-apply for this administrative license within a year thereafter.
Article 79 Where a licensee obtains an administrative licensing through cheating, offering bribes or any other illegal methods, it shall be given an administrative punishment by the administrative organ in accordance with the law. If the administrative licensing directly concerns public security, human health and safety of life and property, the applicant shall not re-apply for it within 3 years thereafter. If any crime is constituted, it shall be subject to criminal liabilities.
Article 80 Where a licensee commits any of the following acts, he shall be given an administrative punishment by the administrative organ in accordance with the law; if a crime is constituted, he shall be subject to criminal liabilities:
1. Altering, buying and selling at a profit, leasing or lending a certificate of administrative license, or transferring an administrative license by other illegal means;
2. Conducting activities that exceed the scope of an administrative license;
(III) Concealing the relevant information from the administrative organ responsible for the supervision and check, providing false materials or refusing to provide authentic materials reflecting its activities; or
(IV) other illegal acts as provided for in any law, regulation or rule.
Article 81 Without an administrative license, any of the citizens, legal persons or other institutions engaged in the activities under an administrative license shall be stopped by the administrative organ in accordance with the law, and shall be given an administrative punishment; those whose violation has constituted any crime shall be subject to criminal responsibilities.
第八章 附 则
Chapter 8 Supplementary Provisions
Article 82. Time limits stipulated in this Law for implementation of administrative licensing by administrative authorities shall be based on working days and shall exclude statutory holidays.
Article 83. This Law shall be effective 1 July 2004.
In accordance with the Law, the legislative organs shall clean up the relevant regulations prior to the implementation of the Law; those inconsistent with the Law shall be abolished from the day when it is implemented.