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Pursuant to the Administrative License Law of the People's Republic of China and the requirements as set down by the relevant documents of the State Council, the Ministry of Water Resources has amended and abolished some ministerial regulatory documents regarding administrative licensing for water conservancy. Where any rule or regulatory document as formulated heretofore by the Ministry of Water Resources conflicts with this Decision, the latter shall prevail. I. INTERIM MEASURES FOR HYDROLOGIC ADMINISTRATION (promulgated by No.24 [1991] of the Ministry of Water Resources on October 15, 1991) (1) Article 16, which provides: "In order to guarantee the reliability of hydrological data, the following materials shall be subject to examination and approval: 1. the basic hydrological data on which the planning and design of the project are based; 2. the hydrological data on which the ruling of any water-related dispute or water administrative case is based; 3. important materials on the amount of water taken or discharged, and the hydrological data on which the construction, reconstruction or expanding of sewage outlets is based; and 4. other hydrological data that are the basis for law enforcement. The examination and approval shall be in the charge of the water administrative department of a relevant province, autonomous region or municipality directly under the Central Government or a relevant river basin administrative organ. For any dispute about the hydrological data used, if it occurs within a province, autonomous region or municipality directly under the Central Government, it shall be ruled by the water administrative department of the relevant province, autonomous region or municipality directly under the Central Government; if it occurs between two or more provinces, autonomous regions or municipalities directly under the Central Government, it shall be ruled by the relevant river basin administrative organ or an entity as designated by the Ministry of Water Resources", shall be amended as: "In order to guarantee the reliability, representation and uniformity of hydrological data, the hydrological data on which the following activities are based shall be subject to examination and approval: 1. the hydrological data on which the formulation of all kinds of plans is based; 2. the hydrological data on which the formulation of the distribution scheme on the amount of water, the prepared scheme on dispatching the amount of water, the scheme on forecasting hydrologic and water resources or the planning on the use of water is based; 3. the basic hydrological data on which the planning and design of the project are based; 4. the hydrological data on which the implementation of the evaluation of water resources or water environmental impacts is based; 5. the hydrological data on which the issuance of water intake licenses for important water taking or using projects or the verification of the volume of limited discharge of pollutants to water areas is based; 6. the hydrological data on which the handling of water-related disputes or violations is based; 7. other hydrological data that shall be examined and verified." (2) Three new articles shall be added after Article 16 as Article 17, Article 18 and Article 19, respectively. Article 17 shall be: "The water administrative department under the State Council shall be responsible for the uniform administration, supervision and inspection of the work relating to the examination and approval of hydrological data across the country. The specific work relating to the examination and approval of hydrological data shall be implemented by the water administrative department of each province, autonomous region or municipality directly under the Central Government or a relevant river basin administrative organ." Article 18 shall be: "The entity that uses the hydrological data as prescribed in Article 16 of these Measures shall file a written application to the relevant provincial water administrative department; and the entity that uses the hydrological data involving two or more provincial administrative areas shall file a written application to the relevant river basin administrative organ. The provincial water administrative department or the river basin administrative organ shall, after accepting an application, organize the examination in accordance with the relevant provisions and technical rules, and shall make an examination decision within 20 upon acceptance of the application." Article 19 shall be: "The hydrological data that meet the following requirements shall be used, subject to examination and approval; 1. complying with the relevant laws, regulations, rules or regulatory documents; 2. complying with the relevant technical rules or technical standards; 3. complying with the relevant provisions on keeping secrets; and 4. being provided by an institution that has the qualification for hydrologic and water resources survey and appraisal." II. NOTICE OF THE MINISTRY OF WATER RESOURCES ON PRINTING AND DISTRIBUTING THE OPINIONS ABOUT THE IMPLEMENTATION OF SOME OPINIONS ON STRENGTHENING THE ADMINISTRATION OF COMMONWEAL WATER CONSERVANCY CONSTRUCTION PROJECTS (No. 74 [2001] of the Ministry of Water Resources on March 9, 2001) Item (6) of Article 6 of Section III shall be deleted. III. PROVISIONS ON THE SUPERVISION OVER THE MANUFACTURING OF WATER CONSERVANCY ENGINEERING EQUIPMENT (No. 217 [2001] of the Ministry of Water Resources on June 14, 2001) (1) Article 1, which provides: "These Provisions are formulated in accordance with the relevant state laws and regulations and in life of the characters of water conservancy engineering equipment for the purpose of strengthening the supervision and administration of the manufacturing of water conservancy engineering equipment and improving the quality of equipment and the benefits of investments", shall be amended as: "These Provisions are formulated in accordance with the Notice of the State Council on Printing and Distributing the Quality Development Program (for 1996-2010) (No. 51 [1996] of the State Council) and the Decision of the State Council on Some Issues about Further Strengthening the Work Relating to the Quality of Products (No. 24 [1999] of the State Council) and in light of the actual situation of the manufacturing of water conservancy engineering equipment for the purpose of strengthening the supervision and administration of the manufacturing of water conservancy engineering equipment and improving the quality of equipment and the benefits of investments." (2) Item (3) of Article 7, which provides: "taking charging of the examination, approval, certificate issuance, registration and dynamic administration of the qualifications of supervision entities or supervision personnel over the manufacturing of water conservancy engineering equipment; organizing the trainings of supervision personnel over the manufacturing of equipment", shall be amended as: "taking charging of the administration and training of supervision entities or supervision personnel over the manufacturing of water conservancy engineering equipment." (3) Article 8, which provides: "The Ministry of Water Resources shall establish a supervision and evaluation committee of the manufacturing of water conservancy engineering equipment, which shall be responsible for evaluating the qualifications of supervision entities or supervision personnel over the manufacturing of water conservancy engineering equipment", shall be amended as: "A supervision entity over the manufacturing of water conservancy engineering equipment shall have a sound organizational and management system, fixed working place, necessary equipment as well as the technical capacity and supervision personnel suitable for the requirements of supervision work." (4) Chapter III shall be deleted. (5) Item (2) of Article 15, which provides: "supervision personnel that meet the qualification requirements", shall be amended as: "supervision personnel that meet the requirements." (6) Article 18 shall be deleted. (7) Article 27, which provides: "Any supervision entity over the manufacturing of water conservancy engineering equipment that commits any of the following acts shall be warned by the competent administrative department under the Ministry of Water Resources and be ordered to suspend its business operations for rectification and improvement or be subject to the punishment of degradation or cancellation of its qualification certificate; if any crime is constituted, the relevant department shall impose criminal liabilities on it according to law. Any loss to the legal person that undertakes the project shall be compensated in accordance with the stipulations in the contract. Any supervision entity over the manufacturing of water conservancy engineering equipment that is subject to a punishment of cancellation of qualification certificate may not apply for a qualification certificate within three years: 1. disguising the actual situation, obtaining qualification certificates by fraud or illegally conducting business operations without being approved; 2. engaging in the supervision activities by exceeding the approved qualification grade or the business scope; 3. forging, altering, leasing, transferring or selling its qualification certificate for supervision entities; 4. resorting to cheating for selfish purposes or neglecting its duties, and causing any major quality or personal accident; or 5. violating the stipulations in the contract by divulging any operational or technical secrets of the entrusting party or the party under supervision, and causing any economic loss or any other serious consequence to the entrusting party or the party under supervision", shall be amended as: "In case a supervision entity over the manufacturing of water conservancy engineering equipment that violates the stipulations in the contract by divulging any operational or technical secrets of the entrusting party or the party under supervision, and causing any economic loss to the entrusting party or the party under supervision, or resorting to cheating for selfish purposes or neglecting the duties and causing a major quality or personal accident, the water administrative department of the people's government at or above the county level or the river basin administrative organ shall give it a warning; if there is any illegal gains, a fine of less than three times the illegal gains shall be imposed, but not any more than 30000 yuan; if there are no illegal gains, a fine of less than 10000 yuan may be given, unless it is otherwise prescribed by any law or regulation. If any crime is constituted, it shall be subject to criminal liabilities." (8) Article 28 shall be deleted. IV. PROVISIONS ON THE PROCEDURES FOR THE MEASUREMENT ACCREDITATION OF WATER CONSERVANCY (No. 60 [2003] of the Ministry of Water Resources on February 19, 2003) Article 9, which provides: "The office shall be responsible for organizing the examination of the authenticity, integrity, normativeness and accuracy of the application materials, and shall, within 30 days upon receipt of the materials as listed in Article 8 of these Provisions, handle them as follows: 1. If the materials comply with the requirements, they shall be accepted; 2. If there is any ordinary problem with the materials, it shall be corrected by the applicant, and the materials shall be accepted when they can meet the requirements; 3. If the materials can not meet the requirements on a large scale, they shall be returned and shall not be accepted for the time being", shall be amended as: "The office shall be responsible for examining the integrity and normativeness of the application materials, and shall handle them as follows: 1. If the materials comply with the requirements, they shall be accepted; 2. If there is any ordinary problem with the materials, all the materials that need to be supplemented or corrected shall be notified once and for all on the spot or within five days, and the materials shall be accepted after they can meet the requirements; if it fails to inform the applicant with the time limit, it shall be regarded as having accepted the application materials upon receipt thereof; or 3. If the materials can not meet the requirements in many aspects, they shall not be accepted." V. INTERIM MEASURES FOR THE ADMINISTRATION OF QUALIFICATION CERTIFICATES FOR MONITORING THE WATER AND SOIL CONSERVANCY (No.202 [2003] of the Ministry of Water Resources on May 27, 2003) (1) Article 8, which provides "An entity that applies for a qualification certificate shall file a written application to the Ministry of Water Resources, obtain an Application Form for Qualification Certificates for Monitoring the Water and Soil Conservancy and fill it out according to the relevant provisions, and report it to the Ministry of Water Resources for examination and approval together with the relevant credentials after obtaining the opinions of the department in-charge and the local provincial water administrative department. In case an entity that is subordinated to a river basin administrative organ applies for a qualification certificate, it shall obtain the opinions of the river basin administrative organ", shall be amended as: "An entity that applies for a qualification certificate shall fill in an Application Form for Qualification Certificates for Monitoring Water and Soil Conservancy, prepare the relevant materials according to these Measures, and report it to the local provincial water administrative department for preliminary examination, and the provincial water administrative department shall, within 20 days from the day when the application for qualifications is accepted, submit its preliminary examination opinions and all the materials to the Ministry of Water Resources for examination and approval. In case an entity that is subordinated to a river basin administrative organ applies for a qualification certificate, the river basin administrative organ shall conduct its preliminary examination in accordance with the preceding Paragraph." (2) A new article shall be added after Article 9 as Article 10: "The Ministry of Water Resources shall, within 20 days upon receipt of preliminary examination opinions and all the materials, make an examination decision. If it is approved to issue a qualification certificate, it shall, within ten days as of the day when the examination decision is made, issue a Qualification Certificate for Monitoring Water and Soil Conservancy to the applicant; if it refuses to issue a qualification certificate, it shall explain the reasons to the applicant in written form, and notify the applicant of the right to apply for an administrative reconsideration or file an administrative lawsuit." VI. MEASURES FOR THE ADMINISTRATION OF LICENSES FOR USING START-STOP MACHINES FOR WATER CONSERVANCY PROJECTS (No.227 [2003] of the Ministry of Water Resources on June 25, 2003) (1) Article 13, which provides: "The issuance of use licenses is conducted once a year, and an enterprise may file an application to the general supervision station over the quality of products at any time", shall be amended as: "The Ministry of Water Resources uniformly accepts applications for the licenses for using start-stop machines for water conservancy projects from March 1 to 31 and September 1 to 30 per year." (2) Article 14, which provides: "The general supervision station over the quality of products shall organize an examination group of experts to examine the product inspection reports and the reports on quality guarantee system. Any entity that is found to be qualified upon examination will be published in the form of a document of the Ministry of Water Resources and will be issued a license for using start-stop machines for water conservancy projects (hereinafter referred to as use licenses)", shall be amended as: "The Ministry of Water Resources shall make an examination decision within 20 days from the day when the application is accepted, however, the time for the general supervision station over the quality of products to organize the examination group of experts for examining the product inspection reports and the reports on quality guarantee system shall be excluded. Any entity that is found to be qualified upon examination shall be published by the Ministry of Water Resources and be issued a license for using start-stop machines for water conservancy projects (hereinafter referred to as use licenses) within ten days as of the day of publication." (3) Article 15, which provides: "Any entity that is found to be unqualified upon examination may, after making rectifications and improvements for half a year, file an application for reexamination to the general supervision station over the quality of products in accordance with these Provisions", shall be amended as: "For an entity that is found to be unqualified upon examination, the Ministry of Water Resources shall explain the reasons to the applicant in written form, and notify it of the right to apply for an administrative reconsideration or file an administrative lawsuit." VII. ADMINISTRATIVE PROVISIONS ON THE EXAMINATION OF TESTIMONY REPORTS ON WATER RESOURCES OF CONSTRUCTION PROJECTS (FOR TRIAL IMPLEMENTATION) (No.311 [2003] of the Ministry of Water Resources on July 16, 2003) (1) Paragraph 1 of Article 9, which provides: "The examination organ shall make a decision on whether or not to accept an application within 15 days upon receipt of all the materials submitted", shall be amended as: "The examination organ shall make a decision on whether or not to accept an application in accordance with the provisions in the Administrative License Law." (2) A new article shall be added after Article 17 as Article 18: "The conditions for examining demonstration reports on water resources of construction projects are: 1. complying with the relevant laws, regulations, rules or regulatory documents; 2. complying with the state industrial policies; 3. complying with the relevant technical standards, procedures or rules; and 4. complying with the scheme on allotting the amount of water or the agreement on the division of water." (3) Article 18, which provides: "An examination organ shall complete the examination work within 30 days from the day when the notice on acceptance is delivered. If it can do so within the time limit, it shall explain the reasons, and the time limit may be extended for another 15 days upon approval of the water administrative department at the next higher level; the time limit for examining reports with relatively large water intake scale, complex technologies and great impacts may be properly extended for not more than 30 days, subject to approval of the Ministry of Water Resources", shall be amended as: "An examination organ shall complete the examination work within 20 days from the day of acceptance. If the examination can not be completed within 20 days due to the relatively large water intake scale, complex technologies or great impacts, the said time limit may be extended for ten days, subject to approval of the person-in-charge of the organ, however, the reasons for the said extension shall be notified to the owner." (4) Article 23, which provides: "It is prohibited for any examination organ to make examination by overstepping its functions, the examination opinions in a report made by overstepping the functions shall be invalidated. The examination organ that engages in the examination by overstepping its functions shall assume the liabilities for the outcomes incurred therefrom", shall be amended as: "It is prohibited for any examination organ to make examination by overstepping its functions. In the case of examination by overstepping the functions, the water administrative department at the next higher level will give it a circulation of criticism. In case it makes examination by overstepping the functions for two consecutive times, the water administrative department at the next higher level will order it to conduct rectifications and improvements within a time limit of not less than one year. During the course of rectifications and improvements, its examination power shall be exercised by the water administrative department at the next higher level. Its examination power may, upon conclusion of rectifications and improvements, be resumed, subject to examination and approval by the water administrative department at the next higher level." VIII. It is decided to abolish the following regulatory documents, the matters involved for which the follow-up supervision and administrative measures are necessary to be adopted shall be separately formulated: (1) Administrative Provisions on Formulating Qualification Certificates for Water and Soil Conservancy Plans of Development and Construction Projects (promulgated by Order No. 155 [1995] of the Ministry of Water Resources on June 9, 1995) (2) Notice on Printing and Distributing the Measures for the Administration of the Work of Corrosion-Resistance of Metal Structures of Water Engineering (for Trial Implementation) and the Relevant Detailed Rules (promulgated by Order No.398 [1997] of the Ministry of Water Resources on October 14, 1997) (3) Measures for Assessing Entities That Formulate Certificates for Water and Soil Conservancy Plans (promulgated by Order No.410 [1997] of the Ministry of Water Resources on October 30, 1997) (4) Administrative Measures Regarding the Reporting of Building Water Conservancy Construction Projects (promulgated by Order No.275 [1998] of the Ministry of Water Resources on July 8, 1997) (5) Provisions on the Formulation of the Outlines of Water and Soil Conservancy Plans of Development and Construction Projects (promulgated by Order No.288 [1999] of the Ministry of Water Resources on June 1, 1999) (6) Interim Measures for the Administration of Qualifications for Cost Engineers of Water Conservancy Projects (promulgated by Order No. 590 [1999] of the Ministry of Water Resources on October 29, 1999) (7) Measures for the Administration of Supervision Personnel over the Construction of Water Conservancy Projects (promulgated by Order No.637 [1999] of the Ministry of Water Resources on November 9, 1999) (8) Provisions on the Administration of Licenses for the Safe Use of Hoisting Equipments of Water Conservancy Projects (promulgated by Order No. 177 [2001] of the Ministry of Water Resources on May 28, 2001) (9) Measures for the Administration of Qualifications for Supervision Entities or Supervision Personnel over the Manufacturing of Water Conservancy Engineering Equipments (promulgated by Order No. 217 [2001] of the Ministry of Water Resources on June 14, 2001) (10) Detailed Rules for the Implementation of the Administration of Licenses for the Safe Use of Hoisting Equipments of Water Conservancy Projects (promulgated by Order No. 171 [2002] of the Ministry of Water Resources on May 18, 2002) (11) Notice on Forwarding the Interim Measures for the Administration of International Scientific and Technological Conferences and Exhibitions and the Documents for Regulating the Declaration, Examination and Approval (promulgated by Order No.42 [2001] of the Ministry of Water Resources on October 10, 2001) The sequential order of clauses of the relevant regulatory documents shall be accordingly adjusted pursuant to this Decision. This Decision shall come into as of the date of promulgation. |
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