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Article 1. The present Provisions are formulated pursuant to the Administrative Licence Law of the People's Republic of China (hereinafter referred to the Administrative Licence Law) for the purpose of guaranteeing the implementation of communications administrative licence, maintaining the legitimate rights and interests of all parties concerned of communications administrative licence, and safeguarding and regulating the lawful implementation of administrative management of administrative organs of communications. Article 2. The procedures prescribed in the Administrative Licence Law, other relevant laws and regulations and the present Provisions shall be abided by in the implementation of communications administrative licence. The communications administrative licence as referred to in the present Provisions refers to the administrative licence as implemented by any executive organ provided for in Article 3 of the present Provisions pursuant to laws, regulations, decisions of the State Council and rules of the people's governments at the provincial level. Article 3. The communications administrative licence may be implemented by the following organs: (1) the Ministry of Communications, the administrative departments of local people's governments and the port administrative departments of local people's governments may implement the communications administrative licence according to their statutory authority; (2) the maritime administrative organs, the administrative organs of navigational marks and the administrative organs of road traffic at or above the county level may implement the communications administrative licence within the scope as authorized by laws and regulations; and (3) the Ministry of Communications, the communications administrative departments of local people's governments and the port administrative departments of local people's governments may, pursuant to the present Provisions and within their statutory functions, authorize any other administrative organ to implement the communications administrative licence. Article 4. It shall comply with the principles of openness, fairness, impartiality, facilitating the people and high efficiency to implement the communications administrative licence. Article 5. For the implementation of communications administrative licence, the executive organ shall make public the following contents pursuant to the relevant prescriptions of the Administrative Licence Law: (1) matters of the communications administrative licence; (2) basis of the communications administrative licence; (3) the executive subject of communications administrative licence; (4) the entrusted administrative organ and the entrusted matters for the implementation of communications administrative licence; (5) the institution which uniformly accepts the communications administrative licence; (6) conditions of the communications administrative licence; (7) quantity of communications administrative licence; (8) procedures and time limit for the implementation of communications administrative licence; (9) matters of communications administrative licence legally subject to the hearing; (10) catalogue of materials required to be submitted by an applicant; (11) formats of written applications; (12) a decision made for approval of communications administrative licence; (13) statutory items and standards for charging for the implementation of communications administrative licence; (14) supervisory department and channels for complaining of communications administrative licence; and (15) any other item legally required to be announced. An executive organ which has implemented electronic government affairs shall announce its website. Article 6. The notification of communications administrative licence may adopt any of the following methods: (1) setting up notification bulletins and electronic displays in the office of the executive organs or collecting notification information and materials for the general public to consult at places of the executive organs used for this very purpose; (2) making announcements at the places for the joint or collective handling of administrative licences; (3) announcing at the websites of the executive organs; (4) any other method prescribed by the laws, regulations and rules. Article 7. Any citizen, legal person or any other organization applying for a communications administrative licence shall file it to the executive organ of communications administrative licence. When applying for the communications administrative licence, an applicant shall faithfully submit relevant materials and make truthful reports to the executive organ, and be responsible for the authenticity of the substantial contents of the application materials. Article 8. In case an applicant files an application of communications administrative licence in written form, he shall fill in a Written Application of Communications Administrative Licence (see Attachment I) prescribed by the present Provisions. But if a model text has already been provided for in any law, regulation or rule, such text shall prevail. Where the formats of written applications shall be provided according to law, the administrative organs of communications shall offer them free of charge. An applicant may file an application for communications administrative licence by means of letter, telegraph, telex, fax, electronic data interchange and email. Any applicant who has difficulties in filing an application for communications administrative licence in written form may file an application orally, and the administrative organ of communications shall make notes of the matters applied for, which shall be confirmed by the applicant. Article 9. An applicant may entrust an agent to file an application for communications administrative licence unless it is necessary for the applicant to file the application in person at the office of the executive organ. Where an applicant entrusts an agent to file an application, he shall provide a power of attorney which states the entrusted matters and the agent's limit of power, and provide his identification certificate. Article 10. The executive organ shall handle the application materials for communications administrative licences differently according to the following circumstances: (1) if the matter applied for is not subject to communications administrative licence, it shall inform the applicant of the denial immediately; (2) if the matter applied for isn't within the functions of this executive organ, it shall make a decision of denial immediately and issue a Decision of Denial of Application of Communications Administrative Licence (see Attachment II) to the applicant, and shall inform the applicant to file an application with the competent administrative organ; (3) where the application materials can be supplemented or the errors can be corrected on the spot, the applicant shall be permitted to complete or correct them on the spot; (4) where the application materials are incomplete or inconsistent with the statutory form and the applicant cannot supplement or correct them on the spot, it shall issue a Notice of Supplementation and Correction of Application of Communications Administrative Licence (see Attachment III) to the applicant on the spot or within 5 days, and inform the applicant, once for all, of all the items that need to be supplemented or corrected; if it fails to do so within the time limit, the day when the application materials are received shall be considered as 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 consistent with the statutory form, or where the applicant has submitted all supplemented and corrected application materials as required, the application for communications administrative licence shall be accepted upon receipt of the complete set of application materials and a Notice of Acceptance of Application of Communications Administrative Licence (see Attachment IV) shall be issued, unless the decision of communications administrative licence is made on the spot. The Decision of Denial of Application of Communications Administrative Licence, the Notice of Supplementation and Correction of Application of Communications Administrative Licence and the Notice of Acceptance of Application for Communications Administrative Licence shall be issued with a special seal of administrative licence of the executive organ and with an indication of the date. Article 11. Where it is necessary to handle the communications administrative licence through two or more internal institutions of the executive organ, this executive organ shall decide one of them to uniformly accept the communications administrative licence and uniformly serve the decision about the communications administrative licence. Where the executive organ fails to set any internal institution for the uniform acceptance, the internal institution which accepts the application first shall be the one for uniform acceptance. Article 12. The responsibility system shall be implemented for the implementation of communications administrative licence. The executive organ shall specify the directly liable person in-charge and other persons who are held to be directly responsible for the communications administrative licence. Article 13. The executive organ shall examine the application materials as submitted by the applicant upon acceptance of the application for communications administrative licence. Where the application materials submitted by the applicant are complete and in consistence with the statutory form and the executive organ can make a decision on the spot, it shall make a decision and issue an (On-Spot) Written Decision of Communications Administrative Licence (see Attachment V) on the spot. Where it is necessary to verify the substantial contents of the application materials in accordance with the prescriptions of laws, regulations and rules, it shall verify whether or not the circumstances as described in the application materials are in line with the statutory conditions of administrative licence. At least 2 persons shall be designated to carry out the substantial inspection, and the following methods may be adopted: (1) Inquiring the applicant and other persons relating to the application materials face to face; (2) Making cross-examination of the materials submitted by the applicant; (3) Verifying the application materials against the relevant information in the hand of the administrative organ; (4) Requesting any other administrative organ to assist in examining the authenticity of the application materials; (5) Collecting and consulting relevant materials and verifying the authenticity of the application materials; (6) Carrying out on-the-spot verification to relevant equipments, facilities, instruments and fields; (7) Carrying out inspection, examination and supervision according to law; (8) Consulting the opinions of the interested parties; (9) Holding hearings; (10) Holding expertise meetings to examine the authenticity of the application materials. If, according to the prescriptions of any law or regulation, the decision for implementing communications administrative licence shall be made by such means of fair competition as bid invitation and auction, such prescriptions shall prevail. Article 14. When examining the application for communication administrative licence, if the executive organ finds that any party has important direct interests in the matters under the administrative licence, it shall inform the interested party and serve a Notice of Soliciting Opinions on Communications Administrative Licence (see Attachment VI) and other relevant materials (with the exception of the materials involving the business secrets of the applicant) to this interested party. The interested party shall be entitled to show his opinions within 5 days upon receipt of the said Notice, and his failure to do so within the time limit shall be regarded as a waiver of the said right. The executive organ shall feed back the opinions of the interested party to the applicant timely, and the applicant shall be entitled to make a statement and defense. The administrative organ shall listen to the opinions of the applicant and the interested party when making the administrative licence. Article 15. An executive organ shall make a decision on the communications administrative licence within 20 days computing from the day when it accepts such an application unless it can make a decision of communications administrative licence 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 executive organ, and a Notice of Extension of Time Limit of Communications Administrative Licence (see Attachment VII) shall be served with an explanation of the extension to the applicant. However, if it is otherwise provided for in any law and regulation, the latter shall prevail. Where, in accordance with the laws, regulations and rules, an executive organ needs to hold a hearing, bid invitation, auction, inspection, testing, quarantine, appraisal or expertise so as to make a decision of administrative licence, the time for such purposes shall not be included in the time limit specified by this Article. The executive organ shall serve a Notice of Statutory Exclusion of Time for Communications Administrative Licence (see Attachment VIII) to the applicant and shall inform the applicant of the required time in written form. Article 16. Where the application of an applicant meets the statutory requirements and standards, the executive organ shall make a decision of approving the administrative licence and issue a Written Decision of Communications Administrative Licence (see Attachment IX) in addition. When a communications administrative licence shall be implemented on the basis of examination scores, assessment, inspection, testing or quarantine results in accordance with any law or regulation, such provisions shall be followed. Article 17. Where the executive organ decides to disapprove an administrative licence, it shall issue a Written Decision of Denial of Communications Administrative Licence (see Attachment X), give explanations to and inform the applicant that it is entitled to apply for an administrative reconsideration or to file an administrative lawsuit. Article 18. The executive organ shall serve the applicant a Written Decision of Communications Administrative Licence or a Written Decision of Denial of Communications Administrative Licence within 10 days after it makes the decision of approval or disapproval. An (On-Spot) Written Decision of Communications Administrative Licence, a Written Decision of Communications Administrative Licence and a Written Decision of Denial of Communications Administrative Licence shall be issued with the seal of the executive organ and an indication of date. Article 19. For an executive organ that makes a decision of approving a communication administrative licence, it shall issue the following certificates for administrative licence with the seal of this executive organ to the applicant within 10 days after decision: (1) Approval or evidential documents of the communications administrative licence; (2) A permit, licence or other kinds of licensing certificates; (3) A qualification certificate, certificate of credentials and ability or other qualification certificates; (4) Other certificates for administrative licence prescribed by laws, regulations or rules. Article 20. For a matter of communications administrative licence subject to the hearing as provided for in any law, regulation or rule, or for any other administrative licensing matter involving public interests which the executive organ of communications administrative licence considers necessary to hold a hearing, the executive organ shall issue a Circular of Hearing of Communications Administrative Licence (see Attachment XI) to the general public prior to the decision on the communication administrative licence, and the period of announcement shall last no less than 10 days. Article 21. Where a communications administrative licence directly involves any significant conflict of interests between the applicant and any other person, the executive organ shall inform the applicant and any interested party of the right to request for hearing and issue an Announcement of Right to Hearing of Communications Administrative Licence (see Attachment XII) prior to the decision of communications administrative licence. The applicant and interested party shall file an application for hearing within 5 days after being informed of the right to hearing, and the executive organ shall hold a hearing within 20 days. Article 22. A hearing shall be held according to the procedures prescribed in Article 48 of the Administrative Licence Law: Transcripts shall be made for the hearing. The transcripts shall include: (1) the causes for the hearing; (2) the time, place and method for holding the hearing; (3) the presiding hearer and recorder; (4) the name or title of the applicant, and the legal agent or entrusted agent thereof; (5) the name or title of the interested party, and the legal agent or entrusted agent thereof; (6) the functionary who inspects the application of this administrative licence; (7) the examination opinions of the functionary of the application of this administrative licence, and the evidence, basis and causes thereof; (8) the statements, arguments, contents of cross-examination and evidences produced by the applicant and any interested party; and (9) any other item required to be stated. The attendees of the hearing shall sign their names on or affix their seals to the transcripts after they have confirmed them as inerrant. Article 23. Where an executive organ of communication administrative licence and any of its functionaries violates the present Provisions, it shall be found out pursuant to the Administrative Licence Law and the Provisions on the Supervision and Inspection and Prosecution of Liabilities of Communications Administrative Licence. Article 24. The executive organs shall establish and improve the archival system of communications administrative licence, timely put the files into archives, and properly keep the archives of communications administrative licences. Article 25. Where there are special requirements about the format of communications administrative licence for the enforcement of communications administrative licence, the formats shall be separately prescribed by the Ministry of Communications. Article 26. The present Provisions shall be implemented as of January 1, 2005. Attachments: omitted. |
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