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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION AND ACCEPTANCE CHAPTER III EXAMINATION CHAPTER IV HEARING CHAPTER V DECISION CHAPTER VI TIME LIMIT AND SERVICE CHAPTER VII ALTERATION AND EXTENSION CHAPTER VIII SUPERVISION AND INSPECTION CHAPTER IX LEGAL LIABILITIES CHAPTER X SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to regulate the acts of the departments of civil affairs in implementing administrative licensing, the present Measures are formulated in accordance with the Administrative License Law of the People's Republic of China and other relevant laws and regulations, considering the actual circumstances of the departments of civil affairs. Article 2. Where a department of civil affairs implements administrative licensing, it shall abide by the Administrative License Law, other related laws and regulations, and the present Measures. Article 3. When a department of civil affairs implements administrative licensing, it shall follow the statutory functions, scope, conditions and procedures, and shall comply with the principle of openness, impartiality, facilitating people, high efficiency and supervision and inspection. Article 4. A department of civil affairs shall implement administrative licensing within the scope of statutory functions. It may also authorize other administrative organs to effect the administrative licenses which are allowed by any law, regulation, or ministerial rule to entrust other administrative organs to be implemented. Except for these administrative organs, it shall not authorize any other organization, legal person or citizen to implement any other administrative license. Article 5. Where a department of civil affairs implements the administrative licensing, it may not insert any improper conditions other than the statutory requirements. Article 6. With regard to a licensing item that is of great importance to the public interests, if the applicant or interested party considers that a person who is responsible for the examination of the administrative licensing item or for presiding a hearing is of direct interest to the administrative licensing item, it shall be entitled to apply for the withdrawal of the said person. Whether a person who is responsible for the examination of the administrative licensing item or for presiding a hearing shall withdraw or not, it shall be decided by the person-in-charge of the corresponding department of civil affairs. CHAPTER II APPLICATION AND ACCEPTANCE Article 7. A department of civil affairs shall display the licensing items, basis, conditions, quantity, procedures, time limit, the statutory items and rates of fee charging provided for in the laws, regulations and rules, the catalogue of the complete set of materials that shall be submitted, the format of application or exemplary applications in its office. The department of civil affairs shall, where possible, publicize the items mentioned in the preceding Paragraph through the website of the government organ or by other proper means so as to facilitate the applicants' inquiry about and handling of pertinent matters. Where an applicant requests the department of civil affairs to account for or to give explanations about the publicized or displayed items, the persons who are responsible for the licensing items shall do so by offering exact and liable information. A department of civil affairs shall facilitate the applicants who file an application for administrative license by means of letter, telegraph, telex, fax, electronic data interchange and email. Article 8. With regard to a department of civil affairs that has established a service office, all applications for administrative licensing shall be accepted and all administrative licensing decisions shall be served by the service office. If a department of civil affairs has no service office, the pertinent institution responsible for handling a specific administrative licensing item shall arrange special personnel to accept all applications for administrative licensing and to serve all the administrative licensing decisions. Article 9. An administrative license applicant shall, in accordance with the law, file an application with the department of civil affairs for administrative licensing. Where a standard application is required, the department of civil affairs shall provide the applicants with a standard administrative licensing application form free of charge. The standard application form shall not contain any content that has no direct relationship with the licensing item applied for. No department of civil affairs may require an applicant to submit any materials that have no relationship the licensing item applied for. Where an applicant entrusts an agent to file the application for administrative license, it shall submit an authorization. It shall clearly specify the authorized matters and scope. Article 10. After the personnel who are responsible for handling the administrative licensing receives the application materials submitted by an applicant, they shall immediately fill out the Administrative License Application Materials Register Form, record the time of the receipt of application, application matters, submission of materials and other information, unless they can make a decision to reject the application on the spot in accordance with the law. The Administrative License Application Materials Register Form shall be in duplicate. After the applicant and the handler have affixed their signatures to the said Form, one copy shall be given to the applicant, while the other shall be kept by the department of civil affairs for archival purposes. Article 11. A department of civil affairs shall handle the administrative license applications differently according to the following circumstances: (1) For the matter applied for that is not subject to administrative license in accordance with the law, it shall inform the applicant of rejection immediately and issue the applicant an Administrative License Application Rejection Decision; (2) If the matter applied for does not fall within the scope of functions of the administrative organ, it shall make a decision of rejection immediately, issue the applicant an Administrative License Application Rejection Decision and inform the applicant to file an application with the competent administrative organ; (3) Where the word or calculation errors in the application materials can be corrected on the spot, the applicant shall be told to correct them on the spot and to confirm the revisions; (4) Where the application materials are incomplete or inconsistent with the statutory form, it shall, by giving the applicant an Administrative License Application Materials Supplement & Correction Notice, inform the applicant, all at once, 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 received shall be considered the acceptance day; (5) 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, and an Administrative License Application Acceptance Decision shall be issued to the applicant. The above-mentioned documents issued by the department of civil affairs shall bear the exclusive seal of this department and a clear indication of the date. Article 12. After the department of civil affairs receives an application for an administrative license, the handler shall record the handling information in the Administrative License Application Examination and Approval Form and keep it for archival purposes. CHAPTER III EXAMINATION Article 13. An applicant shall be liable for the authenticity of the substantial content of the application materials. Generally, the department of civil affairs only examines the application materials in writing submitted by an applicant. Where it is necessary to verify the substantial content of the application materials in accordance with the law, the department of civil affairs shall assign 2 or more personnel to inspect and verify the content, and make onsite inspection transcripts or inquiry transcripts. The onsite transcripts shall faithfully record the information of verification and shall bear the signatures of the inspectors. When it is necessary to inquire the parties concerned or other relevant personnel, the inspectors shall present their law-enforcement certificate for showing their identification. The inquired shall sign their names or affix their seals to the inquiry transcripts after they have confirmed the inquiry transcripts as inerrant. Article 14. In the implementation of administrative licensing, a department of civil affairs shall pay attention to listening to the statements and arguments of the citizens, legal persons or other organizations. When examining an application 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 be entitled to make an oral statement and argument. The administrative organ shall listen to the opinions of the applicant and the interested party, and shall make transcripts of statement and argument. The department of civil affairs shall verify the facts or reasons presented by the applicant and the interested party. If the facts or reasons are true upon verification, they shall be adopted. Article 15. For an administrative license that is subject to the examination of an inferior department of civil affairs before it is reported and submitted to a superior department of civil affairs, the inferior shall accept the applications of the applicants in accordance with the law and shall conduct preliminary examination. If the application materials of the applicant are complete and in consistency with the statutory form, it shall complete the examination within the statutory time limit and submit its preliminary examination opinion and the complete set of application materials directly to the superior department of civil affairs, which shall not demand the applicant to repeat the provision of any application materials. Where any applicant directly files an application with the superior department of civil affairs for the administrative license mentioned in the preceding Paragraph, it shall be rejected by the superior department of civil affairs and be informed that it shall file an application via the inferior department of civil affairs. CHAPTER IV HEARING Article 16. For any matter that is subject to hearing provided for in any law, regulation or rule for the implementation of administrative licensing, or for any other licensing matters of great importance to the public interests that the department of civil affairs considers it necessary to hold a hearing, the department of civil affairs shall announce it to the public within the areas involved and hold a hearing. A hearing announcement shall contain the matters to be heard, the time and place of hearing, requirements for the attendees, and when and how to apply. Article 17. Where an administrative licensing item is of direct significance to the interests of the applicant or others, the department of civil affairs shall issue a Notification Letter about Hearing of Administrative Licensing to inform the applicant or the interested party of the right to request for a hearing. Article 18. Where the applicant or interested party requests for a hearing, it shall submit written application materials within 5 days after it receives the Notice about Hearing of Administrative Licensing of the department of civil affairs. If it fails to do so, it shall be deemed as have waived such right. Article 19. The department of civil affairs shall organize a hearing within 20 days after it receives the written application materials of the applicant or interested party, and shall issue a Notice about Hearing of Administrative Licensing to inform the applicant or the interested party of the time and place of the hearing 7 days before it is held. Article 20. Where the applicant or interested party withdraws the hearing application before the hearing is held, it shall be permitted and shall be recorded. Article 21. The applicant or interested party may attend the hearing personally or entrust 1-2 agents to attend the hearing. If the any agent attends the hearing, he shall submit a written authorization. Article 22. The presider of the hearing shall be designated by the person-in-charge from the national public servants other than those responsible for the administrative licensing examiners of this organ. Article 23. The administrative license examiners shall, 5 days prior to the hearing, submit a complete set of materials, such as proofs and reasons for the examination opinions, to the presider. Article 24. The hearing shall proceed according to the following procedures: (1) The presider announces the disciplines of the hearing; (2) The presider verifies the name, age, identification of attendees of the hearing, and informs the attendees of their right and obligations; (3) The administrative licensing examiners present proofs and reasons for the examination opinions; (4) The applicant or interested party makes arguments and cross examinations; (5) The administrative license examiners and the applicant or interested party debate over the disputed matters; (6) The licensing examiners and the applicant or interested party makes a final statement; and (7) The presider declares the suspension, extension or end of the hearing. Article 25. Where the applicant, interested party or its agent fails to appear at the hearing or waives the argument and cross-examination rights without any justifiable reasons, the presider may declare that the hearing is cancelled or terminated. Article 26. The recorder of the hearing shall make transcripts for all the activities at hearing. The presider and recorder shall affix their signatures to the transcripts. The attendees of the hearing shall sign their names on or affix their seals to the transcripts on the spot after they have confirmed them as inerrant. Where any attendee refuses to do so, the presider shall record the circumstance, and clearly indicate it in the transcripts of the hearing. Article 27. The department of civil affairs shall, in light of the hearing transcripts, make an administrative licensing decision. The department of civil affairs shall not adopt any factual basis that hasn't been verified or recorded in the hearing transcripts, or any proof submitted by the applicant after the hearing. Article 28. Where a department fails to hold a hearing as required by the law, at the request of the interested party or in accordance with its functions, the administrative license may be annulled. If the legitimate rights and interests of the parties concerned are impaired due to annulment of the administrative license, the parties concerned shall be compensated. Where the annulment of the administrative license may seriously impair the public interests, it shall not be annulled. CHAPTER V DECISION Article 29. After the department of civil affairs examines an application for an administrative license, if the application materials are complete and tally with the statutory form, it shall make a written administrative licensing decision on the spot if it is able to do so. If it is unable to do so, it shall, with the statutory time limit, make an administrative licensing decision under the prescribed procedures. Article 30. If the application of an applicant meets the statutory conditions or standards, the department of civil affairs shall, in pursuance of law, approve the administrative licensing item by making a written decision. If the application of an applicant doesn't meet the statutory conditions or standards, the department of civil affairs shall, in accordance with the law, disapprove the administrative licensing item by making a written decision. Where the department of civil affairs disapproves an administrative licensing item by making a written decision, it shall give explanations to and inform the applicant that it is entitled to apply for administrative reconsideration or to file an administrative lawsuit. A written administrative licensing decision shall contain the date of decision and shall bear the seal of the department of civil affairs that makes this decision. Article 31. When the department of civil affairs decides to approve an administrative licensing item and it is necessary to issue a licensing certificate in accordance with the law, it shall issue one of the following administrative licensing certificates with its seal: (1) Permit, license or other kinds of licensing certificates; (2) Qualification certificate or other conformity certificates; (3) Documents of approval of the administrative organ or certification documents; and (4) Other certificates for administrative license provided for in the laws and regulations. Where the department of civil affairs conducts inspection, testing, or quarantine, it may stamp a label on or affix a seal of inspection, testing or quarantine to the qualified equipment, facilities, or products. Article 32. As a general rule, an administrative license shall specify the name of the license, issuing organ, name of the holder, the administrative licensing matters, serial number of the license, issuing date and valid period, etc. Article 33. An administrative licensing decision shall take legal effect when it is made in accordance with the law. The department of civil affairs shall not change an effective administrative licensing without permission. Where any law, regulation and rule states that the administrative licensing is based on is amended or abolished, or the objective circumstances that the administrative licensing rests on changes considerably, in order to meet the demand of public interests, the department of civil affairs may modify or revoke the effective administrative licensing. The damages caused to the property of a citizen, legal person or any other institution accordingly shall be compensated in accordance with the law Article 34. The department of civil affairs shall, through different ways, make publicity to the decisions about the approval of administrative licensing in light of different licensing matters, and permit the general public to consult these decisions. CHAPTER VI TIME LIMIT AND SERVICE Article 35. A department of civil affairs 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 can't make a decision within 20 days, it may extend for 10 days upon the approval of the person-in-charge of this department. It shall issue a Notice about the Extension of Administrative License Decision and give explanations about the extension to the applicant. However, if it is otherwise provided for in any law and regulation, the latter shall prevail. Article 36. Where department of civil affairs finds it necessary to hold a hearing, inspection, testing, authentication or expert evaluation so as to make an administrative license decision, the time required for such purposes shall not be included in the time limit specified in this Section, but the applicant shall be informed of it in writing. Article 37. If the department of civil affairs makes a decision of administrative licensing, it shall issue and serve the applicant the certificate of administrative licensing, or affix a label, within 10 days from the day when such a decision is made. Article 38. For the service of administrative licensing decisions and other administrative licensing documents by the civil affairs department, the addressee may, as a general rule, get them directly at the work place of the civil affairs department. When directly getting an administrative licensing decision or any other administrative licensing document, the addressee shall, generally speaking, record the time of receipt and affix his signature or seal to the acknowledgement of receipt. Article 39. Where the addressee does not get directly an administrative licensing decision or any other administrative licensing document, the civil affairs department may effect the service by any of the following means: (1) If the addressee is a legal person or any other organization, the signature or seal of the legal representative or the legal person or the major person-in-charge of the other organization or the person in charge of receiving documents such as the general office, mail distribution room, or concierge's room, etc. shall be affixed to the acknowledgement of receipt; (2) Where the addressee refuses to accept an administrative licensing decision, service is deemed complete when the addressor records the reasons and date of rejection on the acknowledge of receipt, the deliverer and the grassroots organization or the representative and any other witness of the entity of the addressee affix their signatures or seals to the acknowledge of receipt, and the addressee leaves the administrative licensing document at the mail distribution office or residence of the addressee. Where the witness is unwilling to affix his signature or seal to the acknowledgement of receipt, service is deemed complete when the deliverer records the circumstance and leaves the document at the residence of the addressee; (3) Where it is difficult to complete service directly, the local department of civil affairs shall be entrusted to do so, or service may be made by mail. Where service is made by mail, the date of receipt recorded by the post office on the acknowledgement of receipt shall be regarded as the date of service; or (4) Where it is difficult to complete service by the above-mentioned methods, or there are many addressees to a same service, a public announcement may be made on the bulletin board or at the place where the addressees dwell or in newspapers. The service is deemed complete after sixty days as of the day when the public announcement is made. CHAPTER VII ALTERATION AND EXTENSION Article 40. Where a licensee requests for modifying the matters under administrative licensing, if it meets the statutory conditions and standards, the department of civil affairs that made the administrative license decision shall, in accordance with the law, handle the modification procedures within 20 days from the day when it accepts the application and shall make an Administrative Licensing Modification Approval Decision. If it doesn't meet the statutory conditions and standards, the department of civil affairs that made the administrative licensing decision shall make an Administrative Licensing Modification Disapproval Decision; however, if it is otherwise provided for in any law, regulation or ministerial rule, the latter shall prevail. Article 41. Where a licensee needs to extend the valid period of an administrative license, it shall file an application with the department of civil affairs that made the decision about the administrative license 30 days prior to the expiry of the valid period of this administrative license. The department of civil affairs shall decide whether to approve the extension or not before the expiry of the valid period of the administrative licensing and shall make an Administrative Licensing Extension Approval Decision or Administrative Licensing Extension Disapproval Decision. If it fails to make a decision within the time limit, it shall be deemed to have granted an approval; however, if it is otherwise provided for in any law, regulation, or ministerial rule, the latter shall prevail. CHAPTER VIII SUPERVISION AND INSPECTION Article 42. The department of civil affairs implementing administrative licensing shall, in accordance with the law, conduct supervision and inspection over the activities of the licensees under administrative licensing. The superior departments of civil affairs shall, in accordance with the law, strengthen the supervision and inspection over the inferior departments of civil affairs in the implementation of the administrative licensing. The instrumentalities of the civil affairs departments of all levels shall be responsible for the supervision and inspection over the administrative licensing within their respective scope of functions, and may carry out such activities in the name of the respective civil affairs department, to which they belong. Article 43. A civil affairs department on the county level shall establish and perfect the supervision system, intensify the collaboration of supervision and inspection, carry out the administrative reconsideration work and implement the state compensation and remedy systems so as to ensure that the parties concerned enjoy the legitimate rights and interests under administrative licensing. Article 44. The supervision and inspection shall not hamper the licensees' normal production and business activities. Article 45. A department of civil affairs shall note down the information about the supervision and inspection and the handling result, keep the notes for archival purposes upon signatures of the supervisors and inspectors. The public shall be entitled to consult the said notes. Article 46. Where a licensee illegally engages in matters relating to the administrative licensing within the jurisdiction of the department of civil affairs that made the administrative license decision, it shall be punished by the said department of civil affairs according to law. Where a licensee illegally engages in matters relating to administrative licensing in an area outside the jurisdiction of the civil affairs department that made the administrative licensing decision, it shall, according to law, be punished by the civil affairs department of the locality where it commits any illegal act. After the civil affairs department punishes of the locality where a licensee commits any illegal act, it shall send a copy of the facts about the illegal act, relevant evidential materials and handling result to the civil affairs department that made the administrative licensing decision. Article 47. The departments of civil affairs shall offer guidance to the licensees in the establishment of supervision and inspection rules and bylaws, and shall conduct regular inspection or onsite inspection over the licensees in pursuance of the law. Article 48. The departments of civil affairs shall offer guidance to the licensees in the establishment of self-examination rules and bylaws, shall supervise them to conduct self-examination in compliance with the rules and bylaws, and urge them to report the important information about the self-examination to the departments of civil affairs for archival purposes. Article 49. Under any of the circumstances listed in the first paragraph of Article 69 of the Administrative License Law, the civil department that makes an administrative licensing approval decision or the superior department of civil affairs may annul an administrative licensing upon request of the interested party or in light of its functions. Where a licensee obtains an administrative license through cheating, offering bribes or any other illegal methods, such administrative license 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 will not be protected. Article 50. Under any of the circumstances described in Article 70 of the Administrative License Law, the civil affairs department that makes an administrative licensing decision shall handle the procedures for the cancellation of the administrative license. CHAPTER IX LEGAL LIABILITIES Article 51. The civil affairs departments of all levels shall establish an administrative law enforce responsibility system. They shall timely rectify the acts of the handlers that violate the law or disciplines by fixing the positions, responsibilities and personnel. Article 52. Where a department of civil affairs or any of its functionaries violates the Administrative License Law, it (he) shall be subject to the legal liabilities and shall be ordered to get right by the superior administrative or supervisory organ; if the circumstance is serious, the direct liable person-in-charge and other direct liable personnel shall be given an administrative sanction: (1) Failing to accept the applications for administrative licensing that meet the statutory requirements; (2) Failing to display the materials in the offices that shall be displayed in accordance with the law; (3) 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; (4) For an applicant whose application materials are incomplete or inconsistent with the statutory form, it fails to inform, all at once, the applicant of the items that shall be supplemented or corrected; (5) Failing to explain why an application for the administrative license is rejected, or why the administrative licensing application is disapproved in accordance with the law; (6) Failing to hold a hearing required by the law. Article 53. For any of the functionaries who extorts or accepts the property of others' or seeks for other interests when implementing an administrative license and exercising supervision and inspection, if no crime is constituted, he shall be given an administrative sanction in accordance with the law; if any crime is constituted, he shall be subject to criminal liabilities Article 54. In the implementation of the administrative licensing, if a department of civil affairs grants an administrative license to an applicant who doesn't meet the statutory requirements, fails to grant an administrative license to an applicant who meets the statutory requirements, makes an administrative licensing approval decision by exceeding its statutory functions, or fails to make an administrative licensing decision within the statutory time limit, it shall, in accordance with the law, be ordered to get right by its superior administrative or supervisory organ; the direct liable person-in-charge and other direct liable persons shall be given an administrative sanction; if any crime is constituted, they shall be transferred to the judicial organ and subject to criminal liabilities. Article 55. With regard to a department of civil affairs that illegally implements administrative licensing and impairs the legitimate rights and interests of any party concerned, it shall, after it bears the compensation liabilities, order the handler who commits an intentional or serious fault to bear part of or the full amount of compensations, and shall make a corresponding handling decision. Article 56. A licensee who violates the Administrative License Law shall be given an administrative penalty by the department of civil affairs in pursuance of the law; if any crime is constituted, it (he) shall be transferred to the judicial organ and subject to criminal liabilities. CHAPTER X SUPPLEMENTARY PROVISIONS Article 57. The present Measures may apply, by analogy, to the administrative examination and approval of non-administrative licensing matters by the departments of civil affairs. Article 58. The present Measures shall take effect as of July 1, 2004. |
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