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Chapter I General Provisions Article 1 The present Provisions are formulated in accordance with the ¡°Administrative License Law¡±, the ¡°Administrative Penalty Law¡±, the ¡°Product Quality Law¡±, the ¡°Regulation for the Administration of Production Licenses for Industrial Products¡± as well as other relevant laws and administrative regulations for the purpose of regulating the procedures for the nullification of production licenses for industrial products, protecting the lawful rights and interests of citizens, legal persons and other organizations, and maintaining the social and economic order. Article 2 The implementation of the procedures for the nullification of production licenses for industrial products shall be governed by the present Provisions. The term ¡°industrial products¡± as mentioned in the present Provisions shall mean the products (including food and relevant products) specified in the ¡°Regulation for the Administration of Production Licenses for Industrial Products¡±. The term ¡°procedures for the nullification of a production license¡± as mentioned in the present Provisions shall mean the process in which the eligibility of production license acquired by the licensee is lawfully withdrawn, cancelled or revoked, or is lawfully terminated due to any other statutory circumstance, and the nullification procedures are gone through in accordance with law. Article 3 The implementation of the procedures for the nullification of production licenses shall comply with the principles that the facts are clear and that the evidence is conclusive, as well as the principles of publicity, fairness and justness. Article 4 The quality and technical supervisory department at each level shall withdraw, cancel and revoke production licenses and handle the procedures for the nullification of production licenses in accordance with the present Provisions. Where there are otherwise provisions in any law or administrative regulation, such provisions shall prevail. Chapter II Withdrawal and Cancellation of Production Licenses Article 5 In case any of the following circumstances arises, a decision on withdrawal of the production license shall be made: (1) The law, regulation or rules on which the production license is based are amended or repealed, and thus the project under the production license is terminated in accordance with law; (2) The actual situation on the basis of which the production license is granted has been materially changed, and thus the production license is terminated; (3) The products licensed for production are listed into the catalogue of products to be phased out by the state or whose production is prohibited by the state; or (4) Other circumstances under which the production license shall be withdrawn in accordance with law. Article 6 Where a licensee is under any of the following circumstances, a decision on cancellation of the production license shall be made: (1) The licensee acquires the production license by fraud, offering bribery or by other foul means; (2) The licensee has acquired the production license but is unable to continuously maintain the necessary conditions, and fails to make a correction within the time limit; or (3) Other circumstances under which the production license shall be cancelled in accordance with law. Where a licensing department or any licensing functionary is any of the following circumstances, it/he shall be given sanctions in accordance with the ¡°Regulation for the Administration of Production Licenses for Industrial Products¡±, and a decision on cancellation of the production license may be made: (1) It/he makes a decision on granting the production license by abusing its/his power or by neglecting its/his duties; (2) It/he makes a decision on granting the production license by going beyond the statutory power; (3) It/he makes a decision on granting the production license by violating the statutory procedures; (4) It/he grants a production license to an applicant who is unqualified or who fails to meet the statutory conditions; or (5) Other circumstances under which the production license may be cancelled in accordance with law. Where the cancellation of a production license in accordance with the preceding two paragraphs might cause major damages to public interests, the production license shall not be cancelled. Article 7 The withdrawal or cancellation of a production license shall be decided on in accordance with law by the quality and technical supervisory department that grants the production license. The quality and technical supervisory department at a higher level may cancel the production licenses decided on by the departments at lower levels. Article 8 Where the quality and technical supervisory department at any level finds in its supervision or administration any circumstance under which a production license shall be withdrawn or cancelled, it shall make an investigation and collect the evidence in accordance with the relevant provisions, raise its opinions on the withdrawal or cancellation, and make a report pursuant to the prescribed requirements level by level to the quality and technical supervisory department that grants the production license. Article 9 Before making a decision on withdrawal or cancellation of a production license, the quality and technical supervisory department shall inform the licensee of the facts, grounds and opinions on withdrawal or cancellation of the production license, and listen to the licensee¡¯s statements and arguments. The quality and technical supervisory department shall verify the statements and arguments put forward by the licensee; if the statements and arguments put forward by the licensee are tenable, the quality and technical supervisory department shall adopt them. Chapter III Revocation of Production Licenses Article 10 Where a licensee is under any of the following circumstances, a decision on revocation of the production license shall be made: (1) The licensee fails to follow the legal provisions on indicating the mark or serial number of the production license on the products, packages or instructions, and fails to make a correction within a time limit after being ordered to do so, and the circumstance is severe; (2) The licensee leases, lends or assigns its license certificate, mark or serial number of the production license, and the circumstance is severe; (3) The products are found to be unqualified from the supervision and spot check by the administrative department at the national or provincial level, and are found from re-check to be still unqualified even after rectification; or (4) Other circumstances under which the production license shall be revoked in accordance with law. Article 11 An administrative penalty decision on the revocation of a production license shall be made by the quality and technical supervisory department at the licensee¡¯s locality according to its jurisdictional power and pursuant to the procedures for handling cases, who shall also take charge of enforcing the decision. Before making the administrative penalty decision on the revocation of the production license, the quality and technical supervisory department at the licensee¡¯s locality shall, pursuant to the requirements, report level by level to the quality and technical supervisory department that grants the production license for approval. Article 12 Where a quality and technical supervisory department at any level finds in its supervision or administration any circumstance under which the licensee¡¯s production license shall be revoked, it shall notify the quality and technical supervisory department at the licensee¡¯s locality to implement Article 11 of the present Provisions. Article 13 Before making an administrative penalty decision on the revocation of a production license, the quality and technical supervisory department shall, in accordance with the provisions on the procedures for handling cases, put forward its opinions on revocation of the production license, listen to the licensee¡¯s statements and arguments, and inform the licensee of the right to apply for hearing. Where the licensee requests a hearing within the prescribed time limit, the hearing shall be held in accordance with relevant rules on hearing. Article 14 Where, after listening to the licensee¡¯s statements and arguments or after the hearing ends, the quality and technical supervisory department considers that the licensee¡¯s illegal facts are clear and the evidence is conclusive, it shall, pursuant to the prescribed requirements, report level by level the written suggestion on the revocation of the production license and other relevant information to the quality and technical supervisory department that granted the production license. The quality and technical supervisory department that granted the production license shall make a reply in time in accordance with the relevant provisions. The quality and technical supervisory department at the licensee¡¯s locality shall, according to the reply of the production license-granting department on consenting to the revocation, make an administrative penalty decision to the licensee on the revocation of the production license and shall take charge of enforcing the decision. Chapter IV Handling of the Nullification Procedures Article 15 In case of any of the following circumstances, the procedures for the nullification of the production license shall be gone through in accordance with law: (1) The production license is withdrawn, cancelled or revoked in accordance with law; (2) The valid term of the production license has expired but is not renewed; (3) The licensee has been terminated in accordance with law; (4) The matter under production license is unable to be implemented due to force majeure; or (5) Other circumstances prescribed in any law or regulation under which the production license shall be nullified. Article 16 Where a production license is withdrawn, cancelled or revoke in accordance with law, the quality and technical supervisory department that granted the production license shall handle the nullification procedures in accordance with law. Article 17 Where a production license shall be nullified due to any other circumstance, the quality and technical supervisory department at each level may propose suggestions on the basis of the facts, and report to the quality and technical supervisory department that granted the production license; the department that granted the production license shall handle the nullification procedures in time in accordance with the relevant provisions. Article 18 The quality and technical supervisory department that grants production licenses shall take charge of announcing the name list of the licensees whose production licenses have been nullified, or other relevant matters. Chapter V Supplementary Provisions Article 19 Where a quality and technical supervisory department or any of its staff is under a circumstance of violating any law, regulation or rule in the withdrawal, cancellation, revocation or nullification of production licenses, it shall be punished in accordance with the relevant provisions on law enforcement administrative supervision and those on investigation of liabilities for faults in law enforcement administration. Article 20 The legal affairs office and the administrative supervision office of the quality and technical supervisory department shall strengthen their supervision over the withdrawal, cancellation, revocation and nullification work of production license handling institution and the law enforcement institution. Article 21 Where, after a production license is nullified, the licensee continues its production, the quality and technical supervisory department shall give penalties in accordance with the relevant provisions on investigating and punishing the activity of carrying out production without a permit. Article 22 The power and responsibility to interpret the present Provisions shall remain with the State Administration of Quality Supervision, Inspection and Quarantine. Article 23 The present Provisions shall come into force on March 1, 2007. |
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