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Law of the People's Republic of China on Administrative Licensing

发布时间:2008年06月11日18:19 Source: Release time: June 11, 2008 18:19
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(Adopted at the fourth meeting of the Standing Committee of the Tenth National People's Congress on August 27, 2003)

table of Contents

Chapter I General Provisions

Chapter II Establishment of Administrative License

Chapter III Executive Authorities

Chapter IV Implementation Procedures for Administrative Licensing

Section 1 Application and Acceptance

Section 2 Review and Decision

Section 3 deadline

Section IV Hearing

Section 5 Changes and Continuations

Section 6 Special Provisions

Chapter V Expenses for Administrative Licensing

Chapter VI Supervision and Inspection

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated in accordance with the Constitution in order to regulate the establishment and implementation of administrative licenses, protect the legitimate rights and interests of citizens, legal persons and other organizations, safeguard public interests and social order, guarantee and supervise the effective implementation of administrative management by administrative organs.

Article 2 The term "administrative license" as used in this Law refers to the act of an administrative organ granting a citizen, legal person, or other organization to engage in specific activities upon examination in accordance with the law.

Article 3 This Law applies to the establishment and implementation of administrative licenses.

Relevant administrative organs shall not apply this Law to the examination and approval of personnel, finance, foreign affairs and other matters of other organs or institutions directly under their management.

Article 4 The establishment and implementation of administrative licenses shall be in accordance with statutory authority, scope, conditions and procedures.

Article 5 The establishment and implementation of administrative licenses shall follow the principles of openness, fairness and impartiality.

The relevant regulations on administrative licenses shall be published; if they are not published, they shall not be used as the basis for implementing administrative licenses. The implementation and results of administrative licenses shall be made public except for those that involve state secrets, business secrets, or personal privacy.

If the legal conditions and standards are met, the applicant has the equal right to obtain an administrative license according to law, and the administrative organ shall not discriminate.

Article 6 The implementation of administrative licensing shall follow the principle of convenience for the people, improve the efficiency of work and provide quality services.

Article 7 Citizens, legal persons or other organizations shall have the right to make statements and defenses when implementing administrative licenses to administrative organs; they shall have the right to apply for administrative reconsideration or file administrative proceedings in accordance with the law; Claim compensation in accordance with law.

Article 8 Administrative licenses obtained by citizens, legal persons or other organizations in accordance with the law are protected by law, and administrative organs must not change the administrative licenses that have come into effect without authorization.

If the laws, regulations, and rules on which an administrative license is based are modified or abolished, or the objective circumstances on which the administrative license is granted have changed significantly, the administrative organ may, in the interest of the public interest, alter or withdraw the administrative license that has already taken effect. Where property damage is caused to citizens, legal persons or other organizations as a result, the administrative organ shall compensate them according to law.

Article 9 Administrative licenses obtained in accordance with the law shall not be transferred except those that can be transferred in accordance with legal conditions and procedures as provided by laws and regulations.

Article 10 The people's governments at or above the county level shall establish and improve the supervision system for the implementation of administrative licenses to administrative organs, and strengthen the supervision and inspection of administrative licenses for administrative organs.

Administrative organs shall exercise effective supervision over the activities of citizens, legal persons or other organizations engaged in administrative licensing matters.



Chapter II Establishment of Administrative License

Article 11 The establishment of administrative licenses shall follow the laws of economic and social development, and be conducive to giving play to the enthusiasm and initiative of citizens, legal persons or other organizations, maintaining public interests and social order, and promoting coordinated economic, social and ecological environment development.

Article 12 An administrative license may be established for the following matters:

(1) Matters that directly involve specific activities such as national security, public safety, economic macro-control, ecological environmental protection, and directly related to human health, life and property safety, which need to be approved in accordance with legal conditions;

(2) Matters that need to grant specific rights, such as limited natural resources development and utilization, public resource allocation, and market access for specific industries that are directly related to the public interest;

(3) Occupations and trades that provide public services and are directly related to the public interest need to determine qualifications and qualifications with special credibility, special conditions, or special skills;

(4) Matters that are directly related to public safety, personal health, and safety of life and property for important equipment, facilities, products, and articles that need to be examined and approved in accordance with technical standards and technical specifications through inspection, testing, and quarantine;

(5) Matters that need to determine the qualifications of an entity, such as the establishment of an enterprise or other organization;

(6) Other matters stipulated by laws and administrative regulations that may establish an administrative license.

Article 13 If the matters listed in Article 12 of this Law can be regulated in the following ways, administrative permission may not be required:

(1) Citizens, legal persons or other organizations can make independent decisions;

(2) The market competition mechanism can effectively regulate;

(3) Industry organizations or intermediary agencies are capable of self-discipline management;

(4) It can be resolved by the administrative organs using other administrative management methods such as ex-post supervision.

Article 14 For the matters listed in Article 12 of this Law, the law may establish administrative permission. If laws have not been enacted, administrative regulations may establish administrative licenses.

When necessary, the State Council may establish administrative licenses by issuing decisions. After implementation, except for temporary administrative license matters, the State Council shall promptly request the National People's Congress and its Standing Committee to formulate laws or formulate administrative regulations on its own.

Article 15 Where the matters listed in Article 12 of this Law have not yet been formulated with laws and administrative regulations, local regulations may establish administrative licenses; where laws, administrative regulations and local regulations have not been formulated, due to the needs of administrative management, If an administrative license needs to be implemented immediately, the regulations of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may establish temporary administrative licenses. If the temporary administrative license needs to be implemented for one year after implementation, it shall request the people's congress at the corresponding level and its standing committee to formulate local regulations.

Local regulations and regulations of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall not establish administrative licenses for the qualifications and qualifications of citizens, legal persons, or other organizations that shall be determined by the state; they may not establish registrations of enterprises or other organizations and their prerequisites Sexual administrative license. The administrative license established by it shall not restrict individuals or enterprises in other regions from engaging in production and operation and providing services in the region, and shall not restrict the entry of goods from other regions into the markets of the region.

Article 16 Administrative regulations may make specific provisions on the implementation of administrative licenses within the scope of administrative licenses set by law.

Local regulations may make specific provisions on the implementation of administrative licenses within the scope of administrative licenses set by laws and administrative regulations.

The regulations may make specific provisions on the implementation of the administrative license within the scope of the administrative license set by the higher law.

The specific provisions of the regulations and rules on the implementation of the administrative license set by the higher law shall not add additional administrative licenses; the specific provisions on the conditions of the administrative license shall not add other conditions that violate the higher law.

Article 17 Except as provided in Articles 14 and 15 of this Law, no other regulatory document shall establish an administrative license.

Article 18 The establishment of an administrative license shall stipulate the organ, conditions, procedures and time limit for the implementation of the administrative license.

Article 19 When drafting draft laws and regulations, and draft regulations of the people ’s governments of provinces, autonomous regions, and municipalities directly under the Central Government, drafting units shall listen to opinions in the form of hearings and demonstrations, and explain to the formulating authority The need for administrative permission, the possible impact on the economy and society, and the hearing and acceptance of opinions.

Article 20 The authority establishing the administrative license shall regularly evaluate the administrative license it has set up; if the administrative license that has already been settled can be resolved through the methods listed in Article 13 of this Law, it shall be The provisions of the administrative license were amended or repealed in a timely manner.

The executive authority of an administrative license may evaluate the implementation status and necessity of the established administrative license in a timely manner, and report its opinions to the establishment authority of the administrative license.

Citizens, legal persons or other organizations may submit opinions and suggestions on the establishment and implementation of administrative licenses to the establishment and implementation organs of administrative licenses.

Article 21 The administrative licenses of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government on economic affairs set by administrative regulations, based on the economic and social development of the administrative region, consider that the solutions can be resolved through the methods listed in Article 13 of this Law, After submitting to the State Council for approval, the implementation of the administrative license may be suspended within its administrative area.

Chapter III Executive Authorities

Article 22 Administrative licenses shall be implemented by administrative organs with administrative licensing powers within their statutory powers.

Article 23 Organizations authorized by laws and regulations with the function of managing public affairs shall implement administrative licenses in their own names within the scope of legal authorization. Authorized organizations shall apply the provisions of the relevant administrative organs of this Law.

Article 24 Administrative agencies may, within the scope of their statutory powers, in accordance with laws, regulations, and rules, entrust other administrative agencies to implement administrative licenses. The entrusting agency shall announce the contents of the entrusted administrative agency and the entrusted implementation of the administrative license.

The entrusted administrative organ shall be responsible for supervising the act of implementing the administrative license by the entrusted administrative organ, and shall bear legal responsibility for the consequences of the act.

The entrusted administrative agency shall, within the scope of entrustment, implement the administrative license in the name of the entrusted administrative agency; no other organization or individual may be entrusted to implement the administrative license.

Article 25 With the approval of the State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the principles of streamlining, unity, and effectiveness, decide an administrative organ to exercise the administrative permission of the relevant administrative organ.

Article 26 If an administrative license needs to be handled by multiple agencies within the administrative agency, the administrative agency shall determine one agency to uniformly accept the application for administrative license and uniformly serve the administrative license decision.

Where administrative licenses are implemented separately by two or more departments of the local people's government according to law, the people's government at the corresponding level may determine a department to accept the application for the administrative license and report it to the relevant departments to submit their opinions separately, or organize the relevant departments to jointly handle or centralize the processing.

Article 27 When implementing an administrative license, an administrative organ shall not make any unjust request to the applicant for purchasing specified commodities or receiving paid services.

When applying for an administrative license, a staff member of an administrative organ shall not solicit or accept the applicant's property or seek other benefits.

Article 28 The inspection, testing, and quarantine of equipment, facilities, products, and articles that are directly related to public safety, personal health, and safety of life and property shall be gradually implemented by administrative agencies in accordance with laws and administrative regulations, except those required by laws and administrative regulations. Conditions of professional and technical organizations to implement. Professional and technical organizations and their relevant personnel shall bear legal responsibility for the conclusions of inspections, tests and quarantines implemented.

Chapter IV Implementation Procedures for Administrative Licensing

Section 1 Application and Acceptance

Article 29 Citizens, legal persons or other organizations that engage in specific activities and need to obtain administrative licenses according to law shall apply to administrative organs. If the application requires a format text, the administrative organ shall provide the applicant with a format text of the application for administrative license. The application form must not contain content that has no direct relationship with the application for administrative license.

The applicant may entrust an agent to apply for an administrative license. However, except where the applicant should apply for an administrative license at the office of an administrative organ according to law.

Applications for administrative permits can be made by letter, telegram, telex, fax, electronic data interchange, and e-mail.

Article 30 Administrative organs shall publicize the matters, basis, conditions, quantity, procedures, deadlines, catalogues of all materials that need to be submitted, and model texts of application forms, etc., as stipulated in laws, regulations, and rules regarding administrative licenses.

If the applicant requires the administrative organ to explain and explain the content of the publicity, the administrative organ shall explain and explain and provide accurate and reliable information.

Article 31 An applicant applying for an administrative license shall truthfully submit relevant materials to the administrative organ and reflect the true situation, and shall be responsible for the authenticity of the substance of its application materials. The administrative organ shall not require the applicant to submit technical materials and other materials that are not related to the administrative licensing matters that it applies for.

Article 32 The administrative organ shall process the application for administrative license filed by the applicant separately according to the following circumstances:

(1) If it is not necessary to obtain an administrative license for the application according to law, the applicant shall be informed immediately that it will not be accepted;

(2) If the application matters do not fall within the scope of this administrative organ's authority according to law, it shall immediately make a decision not to accept it and notify the applicant to apply to the relevant administrative organ;

(3) If there are errors in the application materials that can be corrected on the spot, the applicant should be allowed to correct them on the spot;

(4) If the application materials are incomplete or inconsistent with the legal form, the applicant shall be informed on the spot or within five days of all the content that needs to be corrected. If the application materials are not notified within the time limit, they shall be accepted from the date of receipt of the application materials;

(5) The application matters are within the scope of the administrative authority's authority, the application materials are complete and conform to the legal form, or the applicant submits all the application materials for correction and correction in accordance with the requirements of this administrative authority, and shall accept the application for administrative license.

When an administrative organ accepts or refuses to accept an application for administrative license, it shall issue a written voucher stamped with the special seal of the administrative organ and dated.

Article 33 Administrative agencies shall establish and improve relevant systems, promote electronic government affairs, publish administrative licensing matters on the websites of administrative agencies, and facilitate applicants to apply for administrative licenses by means of data messages; they shall share relevant administrative agencies with other administrative agencies. License information to improve work efficiency.

Section 2 Review and Decision

Article 34 The administrative organ shall examine the application materials submitted by the applicant.

If the application materials submitted by the applicant are complete and conform to the legal form, and the administrative organ can make a decision on the spot, it shall make a written decision on the administrative license on the spot.

In accordance with statutory conditions and procedures, if the substance of the application materials needs to be verified, the administrative organ shall appoint two or more staff members to carry out the verification.

Article 35 According to law, the administrative license decided by the superior administrative organ shall be submitted to the administrative authority at the lower level first, and the administrative authority at the lower level shall directly submit the preliminary examination opinions and all application materials to the superior administrative organ within the legal time limit. The superior administrative organ shall not require the applicant to provide the application materials repeatedly.

Article 36 When an administrative organ examines an application for an administrative license and discovers that the administrative license matters are directly related to the significant interests of others, it shall notify the interested party. The applicant and interested parties have the right to make statements and defenses. The administrative organ shall listen to the opinions of the applicant and interested parties.

Article 37 After examining the application for an administrative license, the administrative organ shall, in addition to making an administrative license decision on the spot, make an administrative license decision in accordance with prescribed procedures within the legal time limit.

Article 38 If the applicant's application meets the statutory conditions and standards, the administrative organ shall make a written decision to grant an administrative license in accordance with the law.

Where an administrative organ makes a written decision not to grant an administrative license according to law, it shall explain the reasons and inform the applicant that it has the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.

Article 39 If an administrative organ makes a decision to grant an administrative license and needs to issue an administrative license, it shall issue the following administrative license stamped with the seal of the administrative organ to the applicant:

(1) Permits, licenses or other permits;

(2) Qualification certificate, qualification certificate or other qualified certificates;

(3) approval documents or certification documents of administrative organs;

(4) Other administrative licenses required by laws and regulations.

Where an administrative organ conducts inspection, testing, or quarantine, it may place a label or stamp the inspection, testing, or quarantine on the equipment, facilities, products, or articles that pass the inspection, testing, or quarantine.

Article 40 The decision to grant an administrative license made by an administrative organ shall be made public and the public shall have the right to inspect it.

Article 41 If there is no geographical restriction on the scope of application of an administrative license established by laws and administrative regulations, the administrative license obtained by the applicant is valid throughout the country.

Section 3 deadline

Article 42 Except where an administrative license decision can be made on the spot, the administrative organ shall make an administrative license decision within 20 days from the date of accepting the application for an administrative license. If a decision cannot be made within 20 days, it may be extended for 10 days with the approval of the person in charge of this administrative organ, and the applicant shall be informed of the reason for the extension. However, if the laws and regulations provide otherwise, such provisions shall be followed.

In accordance with the provisions of Article 26 of this Law, if the administrative license is to be handled in a unified, joint or centralized manner, the processing time shall not exceed 45 days; if it cannot be completed within 45 days, the person in charge of the people's government at the corresponding level Approval may be extended for 15 days, and the applicant shall be informed of the reason for the extension.

Article 43 According to law, an administrative license decided by a higher administrative authority shall be submitted to the administrative authority at a lower level first, and the administrative authority at a lower level shall complete the examination within 20 days from the date of accepting the application for administrative license. However, if the laws and regulations provide otherwise, such provisions shall be followed.

Article 44 When an administrative organ makes a decision to grant an administrative license, it shall issue or serve an administrative license to the applicant or affix a label, stamp inspection, inspection, and quarantine seal within ten days from the date of the decision.

Article 45 Where an administrative organ makes a decision on administrative licensing and requires hearing, bidding, auction, inspection, testing, quarantine, appraisal, and expert review according to law, the time required shall not be counted within the time limit specified in this section. The administrative organ shall inform the applicant in writing of the required time.

Section IV Hearing

Article 46. Laws, regulations, and rules provide for matters that should be heard for the implementation of administrative licenses, or other major administrative licensing matters that involve public interest that the administrative authorities deem necessary, and the administrative organs shall announce to the public and hold hearings.

Article 47 If the administrative license directly involves a significant interest relationship between the applicant and others, the administrative organ shall inform the applicant and interested parties of the right to request a hearing before making a decision on administrative licensing; the applicant and the interested parties shall If an application for a hearing is filed within five days of being informed of the right to a hearing, the administrative organ shall organize a hearing within 20 days.

The applicant and the interested party shall not bear the costs of organizing the hearing by the administrative organ.

Article 48 The hearing shall be conducted in accordance with the following procedures:

(1) The administrative organ shall notify the applicant and interested parties of the time and place of the hearing seven days before the hearing is held, and announce it if necessary;

(2) The hearing shall be held in public;

(3) The administrative organ shall designate a person other than the staff reviewing the application for the administrative license as the moderator of the hearing, and the applicant and interested parties shall have the right to apply for withdrawal if they believe that the moderator has a direct interest in the administrative licensing matters;

(4) When the hearing is held, the staff reviewing the application for administrative license shall provide the evidence and reasons for the review opinion, and the applicant and interested parties may submit evidence, conduct defense and cross-examination;

(5) The hearing shall make a transcript, and the hearing transcript shall be signed or sealed by the hearing participants after confirmation.

The administrative organ shall make an administrative license decision based on the transcript of the hearing.

Section 5 Changes and Continuations

Article 49 If a licensee requests a change in an administrative license item, it shall submit an application to the administrative agency that made the decision on the administrative license; if it meets the statutory conditions and standards, the administrative agency shall go through the change formalities in accordance with the law.

Article 50 If a licensee needs to extend the validity of an administrative license obtained in accordance with law, it shall submit an application to the administrative organ that made the decision on the administrative license 30 days before the expiry of the validity of the administrative license. However, if there are other provisions in laws, regulations and rules, those provisions shall be followed.

The administrative organ shall, based on the application of the licensee, make a decision whether to grant the renewal before the expiry of the validity period of the administrative license; if no decision is made within the time limit, the renewal shall be deemed to be granted.

Section 6 Special Provisions

Article 51 Procedures for the implementation of administrative licenses shall be governed by the provisions of this section; otherwise, the relevant provisions of this chapter shall be applicable.

Article 52 The procedures of the State Council for implementing administrative licenses shall be governed by the relevant laws and administrative regulations.

Article 53 In the case of an administrative license for the implementation of the items listed in Item 2 of Article 12 of this Law, the administrative organ shall make a decision through fair competition such as bidding and auction. However, if there are other provisions in laws and administrative regulations, those provisions shall be followed.

The specific procedures for administrative agencies to make administrative license decisions through bidding, auction, etc. shall be in accordance with the relevant laws and administrative regulations.

After the administrative organ has determined the successful bidder and buyer in accordance with the bidding and auction procedures, it shall make a decision to grant an administrative license and issue an administrative license to the successful bidder and buyer according to law.

If an administrative agency violates the provisions of this article, does not adopt bidding or auction methods, or violates bidding or auction procedures and damages the applicant's legitimate rights and interests, the applicant may apply for administrative reconsideration or file an administrative lawsuit.

Article 54 The administrative license for implementing the items listed in Item 3 of Article 12 of this Law grants citizens specific qualifications, and a national examination shall be held in accordance with the law. The administrative authority shall make an administrative license decision based on the examination results and other legal conditions; Or other organizations with specific qualifications and qualifications, the administrative organ shall make an administrative license decision based on the results of the assessment of the applicant's professional composition, technical conditions, operating performance and management level. However, if there are other provisions in laws and administrative regulations, those provisions shall be followed.

Examinations for citizen-specific qualifications are implemented by administrative agencies or industry organizations in accordance with law and are held in public. Administrative organs or industry organizations shall announce in advance the conditions for registration of qualification examinations, registration methods, examination subjects and examination outlines. However, no pre-examination training for compulsory qualification examinations may be organized, and no teaching materials or other test aids may be designated.

Article 55 The administrative license for the implementation of the items listed in Item 12 of Article 12 of this Law shall be inspected, tested, and quarantined in accordance with the technical standards and technical specifications, and administrative agencies shall make administrative decisions based on the results of inspection, testing, and quarantine. Licensing decision.

When implementing inspection, testing and quarantine, the administrative organ shall appoint two or more staff members to carry out inspection, testing and quarantine within five days from the date of accepting the application. If no further technical analysis of the results of inspection, testing, and quarantine is required to determine whether the equipment, facilities, products, and articles meet the technical standards and technical specifications, the administrative organ shall make an administrative license decision on the spot.

Where an administrative organ makes a decision not to grant an administrative license based on the results of inspection, testing, and quarantine, it shall state in writing the technical standards and specifications on which the administrative license is not granted.

Article 56 If the administrative license for the implementation of the items listed in Item 12 of Article 12 of this Law is complete and the application materials submitted by the applicant are complete and conform to the legal form, the administrative organ shall register on the spot. If it is necessary to verify the substance of the application materials, the administrative organ shall handle the matter in accordance with the provisions of Article 34, paragraph 3 of this Law.

Article 57 If there is a limited number of administrative licenses and the applications of two or more applicants meet the statutory conditions and standards, the administrative organ shall make a decision to grant the administrative license according to the order in which the applications for the administrative license are accepted. However, if there are other provisions in laws and administrative regulations, those provisions shall be followed.



Chapter V Expenses for Administrative Licensing

Article 58 Administrative agencies shall not charge any fees for the implementation of administrative licenses and the supervision and inspection of administrative licensing matters. However, if there are other provisions in laws and administrative regulations, those provisions shall be followed.

The administrative organ shall provide the format of the application form for the administrative license without charge.

The funds required by an administrative organ to implement an administrative license shall be included in the budget of the administrative organ, guaranteed by the finance at the corresponding level, and approved according to the approved budget.

Article 59 When an administrative agency implements an administrative license and collects fees in accordance with laws and administrative regulations, it shall collect fees in accordance with the published statutory items and standards; all fees collected must be turned over to the state treasury, and no agency or individual may intercept or misappropriate in any form , Private or disguised private. The financial department shall not return to the administrative organ in any form or in disguise the fees collected for the implementation of the administrative license.

Chapter VI Supervision and Inspection

Article 60 The administrative organ at a higher level shall strengthen the supervision and inspection of the administrative license at the lower administrative level and promptly correct the illegal acts in the implementation of the administrative license.

Article 61 The administrative organ shall establish and improve a supervision system, and perform inspection responsibilities by examining relevant materials that reflect the licensee's activities in administrative licensing matters.

When an administrative organ supervises and inspects the activities of the licensee engaged in administrative licensing matters in accordance with the law, it shall record the situation of the supervision and inspection and the results of the processing, and shall be filed after being signed by the supervision and inspection personnel. The public has the right to consult the supervision and inspection records of administrative organs.

The administrative organ shall create conditions to realize the interconnection with the computer file system of the licensee and other relevant administrative organs, and check the licensee's activities in administrative licensing matters.

Article 62 The administrative organ may carry out sampling inspection, inspection and testing of the products produced and operated by the licensee according to law, and conduct on-site inspections of its production and operation sites according to law. During the inspection, the administrative organ may consult or require the licensee to submit relevant materials according to law; the licensee shall truthfully provide relevant information and materials.

In accordance with the provisions of laws and administrative regulations, administrative organs carry out regular inspections of important equipment and facilities that are directly related to public safety, personal health, and safety of life and property. If the inspection is satisfactory, the administrative organ shall issue corresponding certification documents.

Article 63 The implementation of supervision and inspection by administrative organs shall not hinder the normal production and business activities of the licensee, shall not solicit or accept the property of the licensee, and may not seek other benefits.

Article 64 If a licensee engages in illegal activities outside the jurisdiction of the administrative organ that made the administrative license decision, the administrative organ in the place where the illegal act took place shall, according to law, make a copy of the licensee ’s illegal facts and the results of the administrative action. Administrative agency for licensing decision.

Article 65 Individuals and organizations have the right to report to the administrative organs when they discover that they are engaged in activities that are administratively licensed, and the administrative organs shall verify and deal with them in a timely manner.

Article 66 If the licensee fails to perform the obligations of developing and utilizing natural resources or fulfilling the obligations of using public resources according to law, the administrative organ shall order correction within a time limit; if the licensee does not make corrections within the prescribed period, the administrative organ shall comply with relevant laws 2. Administrative regulations shall deal with it.

Article 67. Licensees who have obtained market access administrative licenses for specific industries that are directly related to the public interest shall provide users with safety, convenience, and stability in accordance with service standards, tariff standards set by the state, and conditions prescribed by administrative agencies in accordance with the law. And services at reasonable prices, and fulfill the obligation of universal service; without the approval of the administrative authority that has made the decision on administrative permission, it shall not be closed or closed without authorization.

If the licensee fails to perform the obligations specified in the preceding paragraph, the administrative organ shall order correction within a time limit, or take effective measures to urge them to perform their obligations in accordance with the law.

Article 68 For important equipment and facilities that are directly related to public safety, personal health, and life and property safety, the administrative organ shall supervise the design, construction, installation and use units to establish corresponding self-inspection systems.

When the administrative organ finds that there is a hidden safety hazard in important equipment and facilities that are directly related to public safety, personal health, and safety of life and property, it shall order the construction, installation, and use to be stopped, and order the design, construction, installation, and use units to correct .

Article 69 Under any of the following circumstances, the administrative agency that made the administrative license decision or its superior administrative agency may revoke the administrative license at the request of an interested party or in accordance with its functions and powers:

(1) A staff member of an administrative organ abuses his authority or neglects his duty to make a decision to grant an administrative license;

(2) making a decision to grant administrative license beyond the legal authority;

(3) making a decision to grant an administrative license in violation of legal procedures;

(4) granting administrative permission to applicants who do not have the qualifications to apply or do not meet the legal requirements;

(5) Other circumstances in which the administrative license can be revoked according to law.

Where a licensee obtains an administrative license by improper means such as deception or bribery, it shall be revoked.

Revocation of an administrative license in accordance with the provisions of the preceding two paragraphs may cause significant damage to the public interest and shall not be revoked.

If an administrative license is revoked in accordance with the provisions of the first paragraph of this article, and the legitimate rights and interests of the licensee are damaged, the administrative organ shall pay compensation according to law. If the administrative license is revoked in accordance with the second paragraph of this article, the benefits obtained by the licensee based on the administrative license are not protected.

Article 70 Under any of the following circumstances, the administrative organ shall go through the cancellation formalities of the administrative license according to law:

(1) The validity of the administrative license has not been renewed;

(2) An administrative license that grants a specific qualification to a citizen who has died or is incapacitated;

(3) The legal person or other organization terminates according to law;

(4) The administrative license has been revoked or withdrawn, or the administrative license has been revoked according to law;

(5) The administrative license cannot be implemented due to force majeure;

(6) Other circumstances required by laws and regulations to cancel the administrative license.

Chapter VII Legal Liability

Article 71 An administrative license established in violation of the provisions of Article 17 of this Law shall be ordered by the relevant authority to correct or to be revoked in accordance with law.

Article 72 An administrative organ and its staff violates the provisions of this law and, under one of the following circumstances, its superior administrative organ or supervisory organ shall order correction; if the circumstances are serious, the person in charge directly responsible and other persons directly responsible shall be rectified. Administrative sanctions according to law:

(1) refusing to accept an application for an administrative license that meets the legal requirements;

(2) Do not publicize the materials that should be publicized in accordance with the law;

(3) failing to fulfill the statutory notification obligation to the applicant and interested parties during the process of accepting, examining, and deciding on the administrative license;

(4) The application materials submitted by the applicant are incomplete and do not conform to the legal form, and the applicant is not informed once of all the contents that must be corrected;

(5) failing to explain the reasons for rejecting an administrative license application or not granting an administrative license according to law;

(6) Hearings should be held instead of hearings according to law.

Article 73 If a staff member of an administrative organ handles an administrative license, conducts supervision and inspection, solicits or accepts other people's property or seeks other benefits, and constitutes a crime, he shall be investigated for criminal responsibility according to law; if it has not constituted a crime, administrative sanctions shall be imposed according to law.

Article 74 When an administrative agency implements an administrative license under any of the following circumstances, its superior administrative agency or supervisory authority shall order it to make corrections, and shall directly impose administrative sanctions on the person in charge directly responsible and other directly responsible persons according to law; if a crime is constituted, Be held criminally responsible:

(1) The decision to grant an administrative license is granted to an applicant that does not meet the statutory conditions or exceeds its legal authority;

(2) Failing to grant an administrative license to an applicant that meets the statutory conditions or making a decision to grant an administrative license within the statutory period;

(3) According to law, the decision to grant administrative license shall be made based on the results of bidding, auction or examination, and the decision to grant administrative license shall be made without bidding, auction or examination, or not based on the results of bidding, auction or examination.

Article 75 If an administrative agency implements an administrative license and charges fees without authorization or in accordance with statutory items and standards, its superior administrative agency or supervisory authority shall order the refund of the illegally collected fees; the person in charge directly responsible and other persons directly responsible shall be charged according to law Give administrative sanctions.

The fees collected in accordance with the law for the interception, misappropriation, private distribution, or private distribution in disguised form shall be recovered; the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions according to law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

Article 76 If an administrative organ implements an administrative license in violation of the law and causes damage to the lawful rights and interests of the parties, it shall pay compensation in accordance with the provisions of the State Compensation Law.

Article 77 If an administrative organ fails to perform its supervisory duties or inadequate supervision in accordance with the law and causes serious consequences, its superior administrative organ or supervisory organ shall order it to make corrections and directly impose administrative sanctions on the person in charge directly responsible and other persons who are directly responsible; Yes, criminal responsibility shall be investigated in accordance with the law.

Article 78 If an applicant for an administrative license conceals the relevant situation or provides false materials to apply for an administrative license, the administrative organ will not accept or refuse the administrative license and give a warning; the application for an administrative license is directly related to public safety, personal health, life and property For security matters, the applicant shall not apply for the administrative license again within one year.

Article 79 If a licensee obtains an administrative license by improper means such as deception or bribery, the administrative organ shall impose administrative punishment according to law; if the obtained administrative license is a matter directly related to public safety, personal health, life and property safety, the applicant The administrative license shall not be applied for again within three years; if it constitutes a crime, criminal responsibility shall be investigated in accordance with the law.

Article 80 Where a licensee commits one of the following acts, the administrative organ shall impose administrative penalties according to law; if a crime is constituted, criminal liability shall be investigated in accordance with law:

(1) altering, reselling, renting, or lending administrative permits, or illegally transferring administrative permits in other forms;

(2) activities beyond the scope of administrative permission;

(3) Concealing relevant information from the administrative agency in charge of supervision and inspection, providing false materials, or refusing to provide true materials reflecting their activities;

(4) Other illegal acts stipulated by laws, regulations and rules.

Article 81: Citizens, legal persons, or other organizations that engage in activities that should obtain an administrative license in accordance with the law without administrative permission, the administrative organ shall take measures in accordance with the law to stop and impose administrative penalties in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law .



Chapter VIII Supplementary Provisions

Article 82 The time limit for the implementation of administrative licenses by administrative organs stipulated in this Law shall be calculated in working days, excluding statutory holidays.

Article 83 This Law shall enter into force on July 1, 2004.

Before the implementation of this law, the relevant administrative license provisions shall be cleaned up by the enacting authority in accordance with the provisions of this law; if it does not comply with the provisions of this law, it shall cease to be implemented as of the date of implementation of this law.

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