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Article 1. The present Measures are formulated in accordance with the provisions of the Administrative License Law of the People's Republic of China and in combination with the reality of the work of quality supervision, inspection and quarantine for the purpose of regulating the work for the implementation of authorized administrative license. Article 2. The present Measures shall be applicable to the implementation of authorized administrative license by the State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to the SAQSIQ), the entry-exit inspection and quarantine bureaus directly under the SAQSIQ, and the provincial bureaus of quality and technical supervision. Article 3. The principle of legality, openness, convenience for the people and high efficiency shall be followed for the implementation of authorized administrative license. Article 4. Where any administrative license matter shall be implemented by the SAQSIQ prescribed by laws, administrative regulations, and the decisions of the State Council, the SAQSIQ may authorize the entry-exit inspection and quarantine organs or local bureaus of quality and technical supervision to implement all or part of them upon the actual needs. Where any administrative license matter shall be implemented by the entry-exit inspection and quarantine bureaus directly under the SAQSIQ prescribed by laws, administrative regulations, and the decisions of the State Council, the entry-exit inspection and quarantine bureaus directly under the SAQSIQ may authorize their branches to implement all or part of them upon the actual needs. Where any administrative license matter shall be implemented by any provincial bureau of quality and technical supervision prescribed by laws, administrative regulations and the decisions of the State Council, the provincial bureau of quality and technical supervision may authorize the bureau of quality and technical supervision at the lower level to implement all or part of them upon the actual needs. Article 5. The authorizing administrative organs shall implement the authorized administrative license within the scope of legal duties. The authorized administrative license shall clarify the following contents: (1) The concrete authorized matters of the administrative license; (2) The name of the authorizing administrative organ; (3) The name of the authorized administrative organ; (4) The rights and obligations of the authorizing administrative organ and the authorized administrative organ; and (5) Time limit for the authorized administrative license. The authorized particulars of the administrative license shall be issued to the general public through a public notice. Article 6. The authorizing administrative organ and the authorized administrative organ shall sign a power of attorney for the administrative license. Article 7. Where there is necessity for an authorizing administrative organ to alter, suspend, or terminate the authorization within the time limit of the authorized administrative license, it shall announce to the general public in time. Article 8. Where, after an authorizing administrative organ has implemented authorization, an applicant still files an application to the authorizing administrative organ, the authorizing administrative organ shall then inform it of the specific organ that shall accept the application. Article 9. An authorizing administrative organ shall make supervision over and inspection on the acts of implementation of administrative license by the authorized administrative organ, and undertake legal liabilities for the results of the acts of administrative license. Article 10. An authorized administrative organ shall handle administrative license within the scope of the authorized power. Article 11. An authorized administrative organ shall implement administrative license in the name of the authorizing administrative organ, and shall not re-authorize any other organization or individual to implement the administrative license. Article 12. In case an authorized administrative organ implements administrative license exceeding the authorized power, which results in the damage to the legal rights and interests of the parties, it shall undertake legal liabilities by itself. Article 13. An authorized administrative organ shall handle administrative license matters in light of the format of documents of administrative license formulated uniformly by the SAQSIQ. Article 14. The SAQSIQ shall be responsible for formulating the working system of authorized matters of administrative license, and shall be responsible for business guidance to and training of the authorized matters of administrative license. Article 15. In case there have been any provisions on the authorized administrative license by laws and regulations, those provisions shall be followed. Article 16. The present Measures shall be referred to for the work of authorized administrative license of the State Certification and Accreditation Regulatory Commission and the Standardization Administration of China. Article 17. The power to interpret the present Measures shall remain with the State Administration of Quality Supervision, Inspection and Quarantine. Article 18. The present Measures shall come into force as of July 1, 2004. |
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