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Article 1. The present Measures are hereby formulated in accordance with the Administrative License Law of the People's Republic of China, Administrative Supervision Law of the People's Republic of China and the Interim Regulations on State Civil Servants and other laws and regulations for the purpose of regulating the administrative licensing acts and strengthening supervision over administrative license. Article 2. The "organs in charge of the implementation of administrative license" mentioned in the present Provisions shall refer to the departments and bureaus within the Ministry of Agriculture and the institutions authorized by this Ministry. The "objects of administrative licensing liabilities" mentioned in the present Provisions shall refer to the person-in-charge who is directly responsible for administrative license and other persons directly liable in the organs in charge of the implementation of administrative license. Article 3. The "administrative licensing liabilities" mentioned in the present Measures shall refer to the administrative liabilities that should be borne by the organs in charge of the implementation of administrative license and their staff members, who, during the process of implementation of administrative license or making supervision over the opposite party of the administrative license, cause property loss to or bad social influences on citizens, legal persons or other organizations in violation of laws, regulations and the relevant provisions. Article 4. The "prosecution of administrative licensing liabilities" mentioned in the present Provisions shall concern the following circumstances: (1) Violating the Administrative License Law and other relevant provisions during the process of implementation of administrative license or supervisions over administrative license. And the circumstances are lighter, and do not cause any serious property loss to any citizen, legal person or other organization or bad social influence. The organs in charge of administrative license and the objects of administrative licensing liabilities shall be ordered to correct their false administrative acts; (2) Violating the Administrative License Law and other relevant provisions during the process of implementation of administrative license or supervisions over administrative license, and the circumstances are more serious, and has caused serious property loss to any citizen, legal person or other organization or grave social influences. The organs in charge of the implementation of administrative license and the objects of administrative licensing liabilities shall be ordered to correct their false administrative acts. The objects of administrative licensing liabilities shall be given an administrative punishment; and (3) Violating the Administrative License Law and other relevant provisions during the process of implementation of administrative license or supervisions over administrative license, and the circumstances are more serious, and has caused serious property loss to or grave social influences on any citizen, legal person or other organization, and the objects of administrative license constitute a crime, they shall be penalized by transferring to the department of justice according to law. Article 5. The principle of handling affairs in conformity with legal provisions, seeking truth from facts, being objective and just shall be adhered to for the prosecution of administrative licensing liabilities, so that the penalties are corresponding with the liabilities, and education combines with penalties. Article 6. In case any organ in charge of the implementation of administrative license or object of administrative licensing liabilities violates the Administrative License Law and other relevant regulations, and has any of the following acts, it/he shall be ordered to correct. If the circumstances are serious, the object of administrative licensing liabilities shall be given administrative penalties: (1) Failing to publicize the documents that should be publicized at the office place; (2) Rejecting the application for the administrative license that meets the legal requirements; (3) Failing to perform the duty of notice to the applicant or the interested party during the process of accepting, examining and determining administrative license; (4) Failing to notify the applicants for once of the supplementary contents required; (5) Failing to explain the reasons according to law for rejecting the application for administrative license or for not granting the administrative license; or (6) Failing to hold hearings for those that should be. Article 7. In case any organ in charge of the implementation of administrative license or any object of administrative licensing liabilities violates the Administrative License Law and other relevant provisions, and has any of the following acts, it/he shall be ordered to correct, and the object of administrative licensing liabilities shall be given an administrative punishment according to the circumstances: (1) Establishing administrative license without approval or continuing to implement the administrative license that has been cancelled; (2) Implementing administrative license exceeding power or in violation of the prescribed procedures; (3) Asking for or taking bribes from any applicant of administrative license or any other interested party; (4) Failing to make administrative license decisions within the prescribed time limit; (5) Failing to perform legal administrative license duties, seriously infringing upon the legal rights and interests of any applicant of administrative license or any other interested party; (6) Making administrative licensing decisions on such major matters concerning state interests, public interests and personal safety by malpractice, practicing favoritism or embezzlement, breach of duty, and derelict of duty or being seriously irresponsible in making administrative licensing decisions; or (7) Ignoring the issues which are complained about, reported or reflected by the mass people during the process of implementation of administrative license. Article 8. In case any organ in charge of the implementation of administrative license or object of administrative licensing liabilities charges fees without permission or not in accordance with the legal items and standards during the process of implementation of administrative license, it/he shall be ordered to return the fees collected illegally. If it/he withholds, embezzles, privately divides or privately divides in disguised form the fees charged according to law for the implementation of administrative license, the fees shall be recovered, and the object of administrative licensing liabilities shall be given administrative penalties. If it/he constitutes a crime, it/he shall be punished by transferring to the department of justice. Article 9. In case any organ in charge of the implementation of administrative license or any staff member thereof implements administrative license illegally, infringes upon the legal rights and interests of any citizen, legal person or other organization and causes property losses, the organ in charge of the implementation of administrative license shall make compensation for it in accordance with the provisions of the State Compensation Law of the People's Republic of China. After the organ in charge of the implementation of administrative license has made the compensation, it shall order the object of administrative licensing liabilities who has intent or negligence to undertake the corresponding compensation fees. Article 10. The organs in charge of the implementation of administrative license shall actively perform duties of supervision over the opposite party of the administrative license, those failing to perform supervision duties according to law or do not do their best to make supervision, which leads to serious consequences or bad influences, the objects of administrative licensing liabilities shall be prosecuted for liabilities according to the circumstances and in accordance with the provisions of Articles 6 and 7 of the present Provisions. Article 11. The department of industrial policy and regulation of the Ministry of Agriculture shall be responsible for making supervision over the organs in charge of the implementation of administrative license and the objects of administrative licensing liabilities, and make decisions on ordering to correct. The decisions shall be served to the organs in charge of the implementation of administrative license in written forms. The organs in charge of the implementation of administrative license shall complete the implementation within 5 days after receiving the letter of ordering to correct, and report to the organs making the decision in writing within 3 days on the situations of the relevant correction. Article 12. The supervision bureau of the Ministry of Supervision stationed in the Ministry of Agriculture shall, once finding out illegal administrative licensing acts or receiving report of someone, decide on whether to register the case or not according to the conditions for putting on records, and handle the case in accordance with the relevant provisions and procedures for investigation and handling of cases involving political discipline. For cases that should be transferred to the department of justice for handling, the supervision bureau stationed in the Ministry of Agriculture shall make decisions on transfer. In case an administrative punishment shall be imposed on any object of administrative licensing liabilities, the department of industrial policy and regulation of the Ministry of Agriculture shall propose suggestions to the supervision bureaus of the Ministry of Supervision stationed in the Ministry of Agriculture, who shall then put it on records and handle it according to the provisions of the preceding paragraph. Article 13. The organs in charge of the implementation of administrative license shall have the duty to assist the department of administrative license supervision and the administrative supervision department to perform duties of prosecution on administrative licensing liabilities. No one may disguise the facts or not report the facts, or disturb or obstruct the department of administrative license supervision and administrative supervision departments when they are making the investigation. In case any one violates the provisions of this Article, the objects of administrative licensing liabilities of the organs in charge of the implementation of administrative license shall be given an aggravated punishment. Article 14. The power to interpret the present Provisions shall remain with the Ministry of Agriculture. Article 15. The present Provisions shall come into force as of July 1, 2004. |
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