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Article 1. The present Provisions are formulated for the purpose of implementing the Administrative Licensing Law of the People's Republic of China (hereinafter referred to the Administrative Licensing Law), regulating the administrative licensing acts of the educational administrative departments and promoting the lawful practice of administration. Article 2. When implementing the administrative licensing, the educational administrative departments shall abide by the Administrative License Law and other relevant laws, regulations and the present Provisions. Article 3. The rules, regulations and regulatory documents formulated by the educational administrative department of the State Council, and local educational administrative departments at all levels shall not set forth any educational administrative licensing item. The rules and regulations formulated by the educational administrative department of the State Council may work out concrete procedures and conditions for the administrative licensing items set forth by the laws, administrative regulations, and decisions of the State Council. Article 4. If a local educational administrative department at any level considers that it is necessary to add a new administrative licensing item, or if it considers that it is necessary to revise or abolish an administrative licensing item because the establishment thereof or the relevant provisions are unreasonable, it may put forward a suggestion to the educational administrative department of the State Council, then the educational administrative department of the State Council may put forward a legislation proposal to the State Council or to the people's government of the province, autonomous region or municipality directly under the Central Government. Article 5. Where an educational administrative department, pursuant to the laws, rules and regulations, authorizes any other administrative organ to implement the administrative licensing, it shall sign a letter of authorization for the implementation of administrative licensing. The authorization shall state the name, address, contact information, concrete matters of authorization, time period of authorization and legal liabilities. Article 6. An educational administrative department shall publish the following contents in its office: (1)The administrative licensing items, basis, conditions, number, procedures and time limit; (2)The list of all the materials required for submission in applying for administrative licensing; (3)The specimen of application; (4)The legitimate items of and standards on the fees to be charged; and (5)Other contents that should be published in accordance with the laws, rules and regulations. Except for those involving any sate secret, business secret or personal privacy, the educational administrative department shall publish the contents mentioned in the preceding Paragraph to the general public through the government website or other proper means so as to facilitate the applicants to consult and handle the relevant matters. If the educational administrative department is requested by an applicant to account for and explain the publicized contents, it shall do so and shall give him accurate and reliable information. Article 7. A written application shall be filed for educational administrative licensing. If the application is required to conform to a format, it shall be offered gratuitously by the educational administrative department. Article 8. As a general rules, an educational administrative licensing application shall not only be filed by the applicant at the office of educational administrative department, but also by a mail, telegraph, telex, fax or e-mail. If an administrative licensing application is filed by a mail, telegraph, telex, fax or e-mail, the applicant shall provide materials that can support the validity of the applicant documents. The educational administrative department shall publish the institution that undertakes the administrative licensing, its contact telephone, fax number, e-mail address and other information so as to facilitate the applicants' filing administrative licensing applications by mail, telegraph, telex, email, or by other means. Article 9. If it is necessary for two or more internal offices of an educational administrative department to handle an administrative licensing item, the educational administrative department shall clearly designate one of these offices as the principal undertaker, which shall inform the other offices to put forward their respective opinions and then shall handle it in a centralized manner after the other offices have put forward their respective opinions. Article 10. After an educational administrative department receives an administrative licensing application, it shall examine the following provisions about whether or not to accept it: (1) Whether or not the matters applied for are subject to administrative licensing; (2) Whether or not the matters applied for are within the jurisdiction of this organ; (3) Whether or not the applicant is banned from filing an administrative licensing application; (4) Whether or not the applicant has submitted the application materials required by the laws, rules and regulations; and (5) Whether or not the application materials submitted by the applicant are complete and conform to the statutory form. Article 11. When the educational administrative department accepts or rejects an administrative licensing application, it shall, within 5 days after it receives a complete set of administrative licensing application materials that conform to the statutory form, give the applicant a written document, which is under the seal for the exclusive use of this administrative organ and is given a clear indication of the date. If the application materials are incomplete or don't meet the statutory form, the aforesaid time limit shall be calculated from the day when the administrative organ receives all the supplemented and corrected application materials. If the administrative organ fails to inform the applicant of the materials that need to be supplemented and corrected, the time limit shall be calculated from the day when it receives the application materials. Article 12. After the educational administrative department accepts an administrative licensing application, it shall examine the application materials submitted by the applicant. The applicant shall be responsible for the genuineness of the substantial content of the application materials. If any law, rule or regulation provides that it is necessary to verify the substantial content of the application materials, the educational administrative department shall assign 2 or more staff members to do so jointly. When conducting an inspection, the inspectors shall show their certificates and shall make inspection transcripts according to the verified information. The inspection transcripts shall be confirmed upon signatures of the inspectors and the inspected party. If the inspected party refuses to sign the inspection transcripts, the inspectors shall note down the situation. Article 13. With regard to an administrative licensing item that shall be subject to the preliminary examination of an inferior educational administrative department, unless it is otherwise provided for by any law or regulation, the inferior educational administrative department shall finish the examination within 20 days from the day after it receives the application, and then directly submit the preliminary examination opinions and the complete set of application materials to its superior educational administrative department within 7 days after it finishes the examination. The superior educational administrative department shall not demand the applicant to provide any application materials again. Article 14. When examining an educational administrative licensing application, if it is necessary to organize an expert evaluation, examination or hearing pursuant to the law, a Notice of Special Procedures for Educational Administrative Licensing shall be worked out and the applicant shall be notified of the time period required, which shall not be included in the time limit for licensing. Article 15. If it is necessary to conduct an expert evaluation under the law, the educational administrative department shall, in accordance with the relevant provisions of the state, organize the pertinent institutions and persons to undertake the evaluation, and shall clarify the basis, criterions, operating procedures, time limit and requirements for the evaluation. After the completion of the evaluation work, the institutions or persons who undertake the evaluation task shall issue a written evaluation report and shall submit it to the educational administrative department that organizes the evaluation. Article 16. Where it is required by law to hold a national qualification examination for the obtainment of an administrative licensing, the educational administrative department shall, under the provisions of the Administrative License Law, announce the requirements and measures for sitting for the examination, and the subjects and outline of the examination in advance. It shall not organize any mandatory pre-examination training prior to the examination, nor shall it specify any textbook or other reference materials. As to those who pass the examination and meet the relevant requirements, the educational administrative department shall grant them the corresponding qualifications or certificates. Article 17. With regard to an administrative licensing item that is within the scope of hearing, if the applicant or an interested party files a hearing application after being informed of such right, the educational administrative department shall designate a staff member who is not from those responsible for the examination of this administrative licensing application to act as the presider of the hearing. Transcripts shall be made for a hearing. The transcripts of a hearing shall mainly include: the matters, time, place, presider, clerk and participants of the hearing; contents of the administrative licensing application; the examination opinions of the undertaking institutions as well as the relevant evidence and basis; the claims, proofs and basis of the applicant or of the interested party; the information about the argument and cross-examination between the examiners and the applicant or the interested party, as well as the final statements of the applicant. The hearing transcripts shall be signed by the hearing presider and the clerk, and shall be signed by or shall be affixed with the seals of the hearing participants on the spot after being confirmed inerrant. If any hearing participant raises any objection to the contents of the transcriptions, the hearing presider shall inform the other participants. If all parties support the objection, the transcripts shall be supplemented or corrected. If a party has different opinions about the aforesaid objection or a hearing participant refuses to sign or affix his seal to the transcripts, the hearing presider shall note down the relevant situation in the hearing transcripts. The educational administrative department shall, on the basis of the hearing transcripts, decide to approve or disapprove the administrative licensing. The educational administrative department shall not adopt any fact or evidence that is not ascertained or recorded in the hearing transcripts. Article 18. Unless it is authorized by any law or regulation, the administrative licensing shall be implemented on behalf of the educational administrative department. The documents and certificates relating to the administrative licensing shall be signed, issued and announced to the public on behalf of the educational administrative department implementing the administrative licensing. Article 19. When the educational administrative department makes a decision of approval of administrative licensing, it shall make a formatted decision of approval of administrative licensing and shall announce it to the general public. The general public shall be entitled to consult it. If it is necessary to issue the applicant an administrative licensing certificate, the educational administrative department shall issue the applicant a license, qualification certificate, approval document or any other administrative licensing certificate provided for in any law or regulation, under the seal of this administrative organ. If the educational administrative department makes a written decision of disapproval of administrative licensing, it shall give the applicant written explanations and inform it of the way and time limit for applying for administrative reconsideration or lodging an administrative lawsuit. Article 20. As to the service of a decision of administrative licensing or any other administrative licensing document made by the educational administrative department, generally the served party may fetch it directly. When the served party directly fetches the decision of administrative licensing or any other administrative licensing document, he shall note down the receipt date on the acknowledgement of receipt and shall affix his signature or seal on it. If the served party doesn't fetch the decision of administrative licensing or any other administrative licensing document, the educational administrative department may complete the service process by mail or entrusted delivery. If it is unable to complete the service process by adopting the above-mentioned methods, or if a number of served parties are involved in the same matter, the educational administrative department may post up an announcement in its bulletin column and the residential places of the served parties, and may publish an announcement in the newspapers and periodicals. Article 21. Where an applicant considers that the educational administrative department fails to implement the administrative licensing under the law, it may inform or complain against it in the superior administrative organ or supervisory organ, or apply for administrative reconsideration or lodge an administrative lawsuit. Article 22. Where a superior educational administrative department finds any of its subordinate educational administrative departments sets up or implements any administrative licensing item by violating the Administrative License Law, the superior department shall order the subordinate department to make corrections within a time limit. Where an inferior educational administrative department changes, without approval, the decision of administrative licensing made by the superior educational administrative department, the superior one shall order it to make corrections within a time limit or it may directly correct it. If the circumstances are serious, it shall impose an administrative sanction upon the directly liable person-in-charge and other directly liable persons. Article 23. The educational administrative department shall, under the provisions of the Administrative License Law, formulate rules for the management of inspection, recording and archives. When conducting a supervisory inspection over a licensee's activities relating to the administrative licensing, transcripts shall be made. After these transcripts have been kept as archives, the general public shall be entitled to consult them. Article 24. Where an educational administrative department violates the administrative licensing, if it produces any damage to the legitimate rights and interests of any party concerned, it shall be punished in accordance with the State Compensation Law. Article 25. The present Provisions shall be implemented as of June 1, 2005. |
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