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MEASURES FOR THE ADMINISTRATION OF SANITARY ADMINISTRATIVE LICENSES |
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(Order of the Ministry of Health of the People's Republic of China (No.38), November 17, 2004: The Measures for the Administration of Sanitary Administrative Licenses, which were discussed and adopted at the ministerial meeting of the Ministry of Health on July 23, 2004, are hereby promulgated and shall come into force as of the date of promulgation) |
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SUBJECT : SANITARY ADMINISTRATIVE LICENSES |
ISSUING DEPARTMENT : THE MINISTRY OF HEALTH OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 11/17/2004 |
IMPLEMENT DATE : 11/17/2004 |
LENGTH : 5,659 words |
TEXT : |
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TABLE OF CONTENTS
CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION AND ACCEPTANCE CHAPTER III EXAMINATION AND DECISION CHAPTER IV HEARING CHAPTER V ALTERATION AND CONTINUITY CHAPTER VI SUPERVISION AND INSPECTION CHAPTER VII LEGAL LIABILITIES CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1. The present Measures are formulated in accordance with the Administrative Licensing Law of the People's Republic of China (hereinafter referred to the Administrative Licensing Law) and other relevant sanitary laws and regulations for the purpose of regulating the implementation of sanitary administrative license by the administrative department of health.
Article 2. The sanitary administrative licensing is the act of the administrative department of health, who makes examination on citizens, legal persons or other organizations upon their application and in accordance with sanitary laws, regulations and rules and sanitary standards and criterions, and approve them to carry out the specific activities in relation to sanitary administration.
Article 3. The principles of openness, fairness, justness, and convenience for the people shall be followed for the implementation of sanitary administrative licensing, so as to improve the efficiency of handling affairs and provide quality service.
Article 4. The sanitary administrative licensing implemented by the administrative department of health at all levels shall be based on:
(1) Laws and regulations;
(2) Decisions of the State Council;
(3) Local regulations;
(4) Rules of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
The administrative departments of health at all levels may not create any sanitary administrative licensing items on their own initiatives, and may not implement any sanitary administrative license without legal basis.
Article 5. The administrative department of health shall strictly abide by the power and procedure as prescribed by laws, regulations and rules when implementing sanitary administrative license.
No administrative department of health at a lower level may implement any sanitary administrative license that shall be implemented by the upper level administrative department of health as prescribed by laws, regulations and rules; and the upper level administrative department of health may not implement any sanitary administrative licensing that shall be implemented by the administrative department of health at a lower level as prescribed by any law, regulation or rule, but shall strengthen supervision over the acts of sanitary administrative licensing implemented by the lower level administrative department of health.
In case there are no clear provisions in laws, regulations and rules on the level of administrative department of health, which implements the sanitary administrative licensing, or on authorizing any provincial administrative department of health to make provisions on it, the provincial administrative department of health shall make specific provisions on it.
Article 6. Where it is necessary to establish two or more internal organs within an administrative department of health for the handling of sanitary administrative licensing, one of them shall be determined to uniformly accept applications for sanitary administrative licensing and issue a decision on the administrative licensing.
Article 7. Any citizen, legal person or other organization shall have the right to state his opinions, to appeal, and to request for holding hearings according to law for the sanitary administrative licensing implemented by the administrative department of health; it shall have the right to apply for administrative reconsideration or filing administrative litigation according to law; and shall have the right to request compensation in case his/its lawful rights and interests are damaged due to the illegal implementation of sanitary administrative license by the administrative department of health.
Article 8. Any entity or individual shall have the right to report any act of illegal implementation of sanitary administrative licensing, and the administrative department of health shall verify and handle it in good time.
CHAPTER II APPLICATION AND ACCEPTANCE
Article 9. When applying for sanitary administrative licensing, a citizen, legal person or other organization shall file an application to the administrative department of health in light of the procedures and requirements as prescribed by laws, regulations and rules. The model text of the application form shall be provided by the administrative department of health.
An applicant may entrust an agent to file an application for sanitary administrative licensing, the agent shall provide the certificate of agency by entrustment when handling the application for sanitary administrative licensing.
Article 10. The administrative department of health shall announce the following contents in relation to the handling of sanitary administrative licensing matters:
(1) The items, basis, conditions, procedures, time limit and amount of the sanitary administrative licenses;
(2) A checklist of all the documents that shall be submitted;
(3) Model text of the application form;
(4) The operating process, communications address, contact telephone, and supervision telephone for the handling of sanitary administrative licensing.
The administrative department of health whose conditions are mature shall announce the items as listed in the preceding paragraph on the relevant websites, for the convenience of the applicant to file applications for sanitary administrative licensing and improve the efficiency of work.
The administrative department of health shall give an account and explanation on the contents of announcement where it is so requested by any applicant.
Article 11. An applicant shall, when applying for sanitary administrative licensing, submit the relevant materials according to the facts to the administrative department of health, and shall be responsible for the authenticity of the application materials, and bear corresponding legal liabilities. The administrative department of health shall not request the applicant to submit the technical materials and other materials that have nothing to do with the sanitary administrative licensing matters it/he applies for.
Article 12. The administrative department of health shall, when receiving an application for sanitary administrative licensing, check whether the matters applied for need to be licensed, and whether the application materials are complete, and process them according to the following circumstances:
(1) If no sanitary administrative license shall be obtained for the matters applied for according to law, it shall notify the applicant of the denial in time;
(2) If the matters applied for do not fall within the scope of functions and power of the administrative department of health, it shall make a decision on not accepting them at once, and notify the applicant to apply to the competent administrative department;
(3) In case there is any mistake in the application materials that may be corrected on the spot, the applicant shall be allowed to make correction on the spot, but excluding the technical material contents involved in the application materials. The applicant shall make written confirmation on the contents of correction;
(4) In case the application materials are not complete or do not comply with legal forms, a supplementary notice on the application materials shall be issued on the spot or within 5 days, notifying the applicant once and for all the full contents that need to be made up. If it fails to notify the applicant within the time limit, the date of accepting the application materials shall be deemed as the date of acceptance. If the application materials made up still do not comply with the relevant requirements, the administrative department of health may demand it to make further supplements; and
(5) Where the application materials are complete and comply with the legal forms, or the applicant has submitted all the supplementary application materials, the administrative department of health shall accept his/its application for sanitary administrative license.
Article 13. Whether the administrative department of health decides to accept or not to accept any application for sanitary administrative license, it shall issue a document attached with the special seal of the administrative department of health and indicate the date of acceptance or not acceptance.
Article 14. Where after any application for sanitary administrative license is accepted and before a decision on sanitary administrative license is made, and the applicant asks for withdrawing the application for the sanitary administrative license, he/it may withdraw it; if the application for sanitary administrative licensing is withdrawn, the administrative department of health shall terminate the process and notify the applicant.
CHAPTER III EXAMINATION AND DECISION
Article 15. The administrative department of health shall make examination on the application documents submitted by the applicant after accepting the application.
The administrative department of health shall determine the ways for examining the application documents in light of the provisions of laws, regulations and rules.
Article 16. The administrative department of health shall make a decision on sanitary administrative license within 20 days from the date of accepting the application; if the decision on sanitary administrative license cannot be made within 20 days, it may be extended for 10 days upon the approval of the person-in-charge of the administrative department of health at the corresponding level, and the applicant shall be notified the reasons for the extension in written form.
In case there are different provisions on the time limit for sanitary administrative licensing by laws and regulations, such provisions shall be followed.
Article 17. Where the administrative department of health needs to make on-site examination on an applicant, it shall appoint two or more staff members to make the on-site examination in time, and make a decision on sanitary administrative license within a prescribed time limit according to the conclusions of the on-site examination.
Article 18. Where the administrative department of health needs to make inspection, testing and quarantine on the administrative licensing matters applied for, it shall assign two or more staff members to make inspection, testing and quarantine in light of the technical standards and criterions within 5 days from the date of accepting the application, and notify the time limit needed for the inspection, testing and quarantine in written form. Where it is necessary to extend the time limit for inspection, testing and quarantine, the applicant shall be given a separate notice in written form. The time as needed for the inspection, testing and quarantine shall not be included in the time limit for sanitary administrative license.
Article 19. Where the administrative department of health needs to make a decision on sanitary administrative license according to the conclusions of appraisal and expert appraisal, it shall notify the applicant in written form the time limit as needed for organizing the experts to make appraisal. The administrative department of health shall make a decision on whether or not to approve the sanitary administrative license according to the expert appraisal conclusion. In case there is necessity to extend the time limit for expert appraisal, the applicant shall be given a separate notice. The time needed for appraisal and expert appraisal shall not be included in the time limit for sanitary administrative license.
Article 20. In case the administrative department of health needs to make any decision on sanitary administrative license according to the results of examination and checking, the applicant shall file an application to the administrative department of heath on the basis of the result of examination and checking after he/it has passed the examination and checking and the grade has been determined, the administrative department of health shall make a decision on sanitary administrative licensing within the prescribed time limit.
Where the administrative department of health makes any decision on sanitary administrative license on the basis of the grades of examination and other legal conditions, it shall publicize in advance the conditions for signing up, the measures for entering oneself for an examination, the subjects of examination and syllabuses of examination. But no pre-examination training for the mandatory qualification examination may be organized, and no teaching materials and other materials supporting the examination shall be designated.
Article 21. Where the administrative department of health needs to make any decision on sanitary administrative license on the basis the of results of inspection, testing and quarantine according to law, the inspection, testing and quarantine shall be borne by the technical service institutions with legal qualification as determined according to law.
An applicant may choose at his/its free will any inspection, testing or quarantine institution with legal qualifications according to law, and the administrative department of health shall not designate any inspection, testing or quarantine institution for it/him.
Article 22. For the sanitary administrative license subject to level-by-level examination and approval, the administrative department of health at a lower level shall issue preliminary examination opinions in light of the prescribed procedures and requirements within the statutory time limit, and report the preliminary examination opinions and the whole application documents to the upper level administrative department of health for examination and approval. Unless it is otherwise specified by any law or regulation, such provisions shall be followed.
The upper level administrative department of health shall not request any applicant to provide the application documents repeatedly if the application documents comply with the legal requirements.
Article 23. In case the administrative department of health decides not to grant a sanitary administrative license, it shall explain the reason, and notify the applicant of the right to apply for administrative reconsideration or file an administrative litigation according to law, and stamp the seal of the administrative department of health.
Article 24. In case the application of an applicant complies with the legal conditions and standards, the administrative department of health shall make a written decision on granting the sanitary administrative license according to law. Where it is necessary to issue a certificate of sanitary administrative license according to law, it shall issue to the applicant a certificate of sanitary administrative license which is attached with the seal of the administrative department of health.
The certificate of sanitary administrative license shall specify the name of the certificate, name of the certificate issuing organ, name of the certificate holder, name of the administrative licensing matters, period of validity, serial numbers and other contents as required, and stamp the seal of the administrative department of health, and indicate the date for issuing the certificate.
Article 25. The decision on sanitary administrative license made by any administrative department of health, other than those involving state secrets, business secrets or personal privacy, shall be opened, and the general public shall have the right to consult.
Article 26. The administrative department of health shall establish and improve the archival filing management system on sanitary administrative license and keep properly the relevant application documents and technical appraisal materials.
Article 27. If any sanitary administrative license obtained by an applicant according to law whose scope of application has no regional restrictions, it shall take effect nationwide. The administrative department of health at all levels shall not implement sanitary administrative licensing repeatedly by ways of archival filing, registration and other ways or repeatedly in any disguised form.
Article 28. Where several sanitary administrative licenses are requested for a same citizen, legal person or other organization in the production and business place of the same site, and the administrative licenses shall be implemented by the same one administrative department of health, who may only issue one certificate of sanitary administrative license, and the several licensing items of it shall be indicated respectively.
CHAPTER IV HEARING
Article 29. In case any sanitary administrative licensing matter is subject to hearing as prescribed by any law, regulation or rule, or the administrative department of health believes that any sanitary administrative licensing matter subject to hearing involves major public interests, the administrative department of health shall make a public notice before deciding on the sanitary administrative license, and hold a hearing. The public notice of hearing shall clarify the matters subject to hearing, the time and place for holding the hearing, the requirements for the participants, and the time and ways for filing an application, etc..
Article 30. In case any sanitary administrative license directly involves the relations of vital interests of an applicant and other person, the administrative department of health shall issue a letter of notice on hearing of sanitary administrative license before making the decision on sanitary administrative license, and notify the applicant, the interested parties of the right to request the hearing.
Article 31. In case an applicant or interested party requests for hearing, he/it shall submit the written documents of hearing within 5 days after receiving the letter of notice of hearing on sanitary administrative license issued by the administrative department of health. If he/it fails to submit the notice, he/it shall be deemed as giving up the right to hearing.
Article 32. The administrative department of health shall organize a hearing within 20 days after receiving the written documents on applying for hearing of any applicant or interested party, and issue notice of hearing on sanitary administrative license seven days before holding the hearing, and notify the applicant and the interested party the matters, time and place of hearing.
Article 33. An applicant or interested party is allowed to withdraw the application for hearing before the hearing is held, but the withdrawal shall be recorded.
Article 34. An applicant or interested party may take part in the hearing by himself/itself or entrust an agent to attend the hearing. In the latter case, the agent shall provide the certificate of agency by entrustment.
Article 35. Where it is necessary to hold a hearing as required, the hearing shall be organized by the organ specifically implementing the administrative license under the administrative department of health. The hearing shall be presided over by the legal institution under the administrative department of health.
No applicant or interested party has to undertake the fees for the hearing organized by the administrative department of health.
Article 36. In case any applicant or interested party believes the person presiding over the hearing has relation of direct interests with the sanitary administrative license, he/it shall have the right to apply for withdrawal.
Article 37. In any of the following circumstances, a hearing may be postponed:
(1) The applicant or the interested party fails to attend the hearing with justifiable reasons;
(2) The reasons for withdrawal application filed by the applicant and the interested party come into existence, and it is necessary to re-determine a person presiding over the hearing; or
(3) Other circumstances under which requires postponing the hearing.
Article 38. When a hearing is held, the examiner on sanitary administrative license puts forward its opinions on the examination of the license, the applicant or the interested party shall make presentations, defenses and cross-examinations.
Article 39. Notes shall be taken down for a hearing, and the following matters shall be specified in the notes of hearing:
(1) Matter of sanitary administrative license;
(2) The name, age and identity of the participants of hearing;
(3) The names of the person presiding over the hearing, the staff members of the hearing and the secretary;
(4) The time, place and ways for holding the hearing;
(5) The examination opinions on the license put forward by the examiner of the sanitary administrative license; and
(6) The contents of statements, defenses and cross-examinations of the applicant and the interested party.
The person presiding over the hearing shall submit the notes of hearing to the applicant and the interested party for examination on site immediately after the hearing is over to have their names signed or sealed. If the applicant and the interested party refuse to sign their names, the person presiding over the hearing shall explain the reasons in the notes of hearing.
Article 40. After the hearing is over, the person presiding over the hearing shall put forward written opinions according to the conditions of hearing.
Article 41. The time needed for the hearing shall not be included in the time limit for sanitary administrative licensing.
CHAPTER V ALTERATION AND CONTINUITY
Article 42. In case the licensee asks for altering any sanitary administrative licensing matter before the expiry of the period of validity, it shall file an application to the administrative department of health that makes the decision on the sanitary administrative license, and provide the relevant materials as required.
The administrative department of health shall make examination on the alteration application filed by a licensee in accordance with the relevant provisions, and shall make alteration according to law on the application that complies with legal conditions and requirements and change the certificate of administrative license or indicate on the original certificate of license; and shall make a written decision on not granting administrative license on those not conforming to legal conditions and requirements, and explain the reasons.
Article 43. In case there is any circumstance that makes it impossible to effect the alteration as prescribed by laws, regulations and rules, a new sanitary administrative license shall be applied for as required.
Article 44. In case a licensee needs to extend the period of validity of any sanitary administrative license according to law, he shall file an application to the administrative department of health that made the decision on sanitary administrative license 30 days before the expiry of the period of validity of the sanitary administrative license, and provide the relevant materials as required. Unless it is otherwise specified by any law, regulation or rule, such provisions shall be followed.
Article 45. After receiving an application for extension, the administrative department of health shall decide on accepting or not accepting the application in accordance with the relevant provisions of present Measures. If an application for extension is accepted, the administrative department of health shall make a decision on whether to extend the period of validity or not before the expiry of the period of validity of the sanitary administrative license; if no decision is made beyond the time limit, it shall be deemed that an extension has been granted.
In case the administrative department of health makes any decision on not accepting the application for extension or not granting the extension, it shall notify in writing the reasons for such decision.
In case a licensee fails to apply for extension as required or the administrative department of health does not accept the application for extension or not granting the extension, the original license shall be invalidated after the expiry of the period of validity of the sanitary administrative license, and the administrative department of health that made decision on sanitary administrative license shall revoke the license and make an announcement.
Article 46. A lawfully obtained sanitary administrative license may not be transferred unless any law or regulation otherwise prescribe that it may be transferred according to legal conditions and procedures.
CHAPTER VI SUPERVISION AND INSPECTION
Article 47 .The administrative department of health shall establish and improve the administrative license management system to implement overall supervision over acts of sanitary administrative license and activities of any licensee in undertaking sanitary administrative licensing matters.
Article 48. The administrative department of health at a upper level shall strengthen supervision over and inspection on the sanitary administrative license implemented by the administrative department of health at a lower level, and order the lower level administrative department of health to correct or directly correct its acts in violation of the regulations during the process of implementing the sanitary administrative license.
Article 49. In case any administrative department of health finds any of its staff members violates the regulations in the process of implementing sanitary administrative licensing, it shall make correction at once.
In case the administrative department of health discovers other local administrative department of health implements sanitary administrative license in violation of regulations, it shall report to their common upper level administrative department of health at once. The administrative department of health that receives the report shall verify it at once, and order the relevant administrative department of health to correct if it is found to be true; the upper level administrative department of health may also directly correct it, if necessary.
Article 50. The administrative department of health shall strengthen supervision over and inspection on any licensee in its undertaking of sanitary administrative licensing matters, and record the supervision and inspection conditions and handling results as required, the record for supervision and inspection shall be put on archives as required.
Article 51. The administrative department of health shall strictly abide by the sanitary administrative law enforcement procedures and the relevant provisions when making on-site inspection, spot check and testing on the places of production, management and service of any licensee, the products it/he produced and managed, and the things and appliances used by it/him.
Article 52. The administrative department of health shall not obstruct the ordinary production and management and service activities of a licensee when conducting supervision and inspection, shall not ask for or take any of the properties of the licensee, or seek for other benefits.
The administrative department of health shall be responsible for keeping secrets for the relevant technical materials and business secrets provided by the licensee.
Article 53. The administrative department of health shall investigate into and punish those illegally undertaking activities of sanitary administrative licensing matters in time. For the illegal acts outside its own jurisdiction, it shall circulate a report of notice to the relevant administrative department of health for assisting in the investigation; and the administrative department of health that receives the notice shall arrange for timely assistance in the investigation; or it may report to the upper level administrative department of health to arrange for assistance in the investigation, if necessary; for important cases, the Ministry of Health shall arrange for assistance in the investigation.
The administrative department of health shall notify the administrative department of health that has made the decision on sanitary administrative license of the illegal facts and handling results of any illegal case it investigates and handles.
Article 54. The administrative department of health shall set up telephone for reporting and complaint, any entity or individual shall have the right to report to the administrative department of health any activity of illegally undertaking sanitary administrative licensing matters it/he discovers, and the administrative department of health shall verify and handle it in time.
Article 55. The administrative department of health shall ensure in priority the expenses needed for the implementation of sanitary administrative license when allocating work expenses.
The administrative department of health shall not collect any fees when implementing sanitary administrative licensing, unless it is otherwise specified by any law or administrative regulation.
Article 56. After obtaining a sanitary administrative license, a licensee shall undertake the corresponding activities in strict accordance with the licensing conditions and requirements.
In case the administrative department of health discovers that any licensee does not comply with the conditions and requirements as those when he/it applies for license in undertaking activities of sanitary administrative licensing matters, it shall order him/it to correct; if he/it fails to correct within the time limit, it shall withdraw or suspend the sanitary administrative license according to law.
Article 57. In any of the following circumstances, the administrative department of health that made the decision on sanitary administrative license or the upper level administrative department of health may revoke the sanitary administrative license:
(1) The staff members of the administrative department of health misuse their authority, neglect their duty, and make decision on granting sanitary administrative license to the applicant who does not comply with the legal conditions;
(2) Making decision on granting sanitary administrative license beyond their legal power;
(3) Making decision on granting sanitary administrative license in violation of legal procedures;
(4) Granting sanitary administrative license to an applicant who does not have the qualification of application or does not comply with legal conditions; or
(5) Other circumstances under which the decision on sanitary administrative license may be revoked according to law.
In case any licensee who obtains any sanitary administrative license by such improper means as cheating or bribery, the license shall be revoked.
In case the revocation of any sanitary administrative license may lead to great losses to public interests, it shall not be revoked. In case the lawful rights and interests of a licensee are damaged due to any sanitary administrative license is revoked in light of the provisions of paragraph one of this Article, the administrative department of health shall give compensation according to law.
Article 58. In any of the following circumstances, the administrative department of health shall handle the relevant formalities for revocation of sanitary administrative license according to law:
(1) The period for rechecking any sanitary administrative license expires, or the period of validity thereof expires without being extended;
(2) A citizen is endowed with a sanitary administrative license of special qualification, but he dies or loses capacity to conduct;
(3) A legal person or other organization is terminated according to law;
(4) The sanitary administrative license is withdrawn or revoked according to law or the certificate of sanitary administrative license is suspended according to law;
(5) The sanitary administrative license is unable to be implemented due to force majeure; or
(6) Other circumstances under which the sanitary administrative license shall be revoked as prescribed by laws and regulations.
Article 59. The administrative department of health at all levels shall make regular appraisal on the work of implementing sanitary administrative licenses under its charge, and solicit the opinions or suggestions of any citizen, legal person or other organization on the work of sanitary administrative licensing, and make research and formulate measures for improving the work.
CHAPTER VII LEGAL LIABILITIES
Article 60. In case the administrative department of health or any of its staff members has any of the following circumstances, the upper level administrative department of health shall order it/him to correct; if it/he refuses to correct or has any other circumstance of serious conditions, the person-in-charge who is directly responsible and other person directly liable shall be subject to administrative punishment according to law:
(1) Not accepting the application for sanitary administrative license that complies with legal conditions;
(2) Failing to make public notice on the materials that shall be announced at the place of accepting the sanitary administrative license;
(3) Failing to perform its/his legal duty of notice to the applicant or the interested party during the process of accepting, examining or determining sanitary administrative license;
(4) Being able to but failing to notify the applicant, once and for all, all the things that shall be made up by the applicant in case the application documents submitted by the applicant are not complete or do not comply with legal forms;
(5) Failing to explain the reasons for not accepting or not granting the sanitary administrative license to the applicant; or
(6) Failing to hold hearing that shall be held according to law.
Article 61. In case the administrative department of health or any of its staff members violates the provisions of the present Measures, and has any one of the following acts, the upper level administrative department of health shall order it/him to correct, and give administrative punishment to the person-in-charge who is directly responsible and other person directly liable according to law; if it/he is suspected of committing a crime, it/he shall be transferred to the judicial department and subject to criminal liabilities:
(1) Granting sanitary administrative license to any applicant not complying with legal conditions or making decision on sanitary administrative license beyond legal authority;
(2) Not granting sanitary administrative license to any applicant that complies with the legal conditions or failing to make a decision on granting sanitary administrative license within legal time limit;
(3) Asking for or taking property or seeking for other benefits; or
(4) Other illegal circumstances as prescribed by laws and administrative regulations.
Article 62. In case the administrative department of health fails to perform supervision duties or does not do its best to make supervision, which results in serious consequences, its upper level administrative department of health shall order it to correct and give an administrative punishment to the person-in-charge who is directly responsible and other person directly liable according to law; if a crime is constituted, it/he shall be transferred to judicial department for criminal liabilities.
Article 63. In case an applicant provides false materials or disguises the truth, the administrative department of health shall not accept it or grant a license and shall give it a warning, and the applicant is prohibited from reapplying for the licensing matter within one year.
Article 64. In case a licensee obtains any sanitary administrative license by such improper means as cheating or bribery, the administrative department of health shall give it an administrative punishment according to law, and the applicant is prohibited from reapplying the sanitary administrative license within 3 years; if he/it is suspected of committing a crime, he/it shall be transferred to judicial department for criminal liabilities.
Article 65. In case a licensee has any one of the following acts, the administrative department of health shall give it an administrative punishment according to law; if he/it is suspected of committing a crime, he/it shall be transferred to judicial department for criminal liabilities:
(1) Altering, buying in and selling at a profit, leasing, lending or transferring the certificate of sanitary administrative license by other ways illegally;
(2) Carrying out activities exceeding the scope of sanitary administrative license;
(3) Providing false materials, disguising the truth or refusing to provide authentic materials in sanitary supervision and inspection;
(4) Altering without permission the matters that shall be subject to approval; or
(5) Other illegal acts as prescribed by laws, regulations and rules.
Article 66. In case any citizen, legal person or other organization undertakes activities for which sanitary administrative license shall be obtained according to law without sanitary administrative license, the administrative department of health shall take measures to stop it according to law, and give it an administrative punishment; if he/it is suspected of committing a crime, he/it shall be transferred to judicial department for criminal liabilities.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 67. The time for implementing sanitary administrative license as prescribed in the present Measures shall refer to the workday, excluding legal festivals and holidays.
Article 68. The model text of the sanitary administrative license as prescribed by the present Measures shall be referred to and implemented by each region. The administrative department of health at the provincial level may supplement the corresponding documents upon the need of the work apart from the model text of documents as prescribed in the present Measures.
Article 69. The present Measures shall be applicable by analogy to the implementation of administrative examination and approval for non-administrative license by the administrative department of health.
Article 70. The present Measures shall come into force as of the date of promulgation.
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