Administrative Licensing Law of the People's Republic of China (Amended in 2019)
Administrative Licensing Law of the People's Republic of China (Amended in 2019)
Administrative Licensing Law of the People's Republic of China (Amended in 2019)
Order of the President of the People's Republic of China No. 29
April 23, 2019
(Adopted at the Fourth Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 27, 2003, and amended according to the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China passed at the Tenth Meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019)
Contents
Chapter I General Provisions
Chapter II Establishment of an Administrative Licensing
Chapter III Executive Organ for Administrative Licensing
Chapter IV Procedures for Administrative Licensing
Section 1 Application and Acceptance
Section 2 Examination and Decision
Section 3 Time Limit
Section 4 Hearing
Section 5 Modification and Extension
Section 6 Special Provisions
Chapter V Expenses of Administrative Licensing
Chapter VI Supervision and Check
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution in order to regulate the establishment and implementation of administrative licensing, to protect the legitimate rights and interests of citizens, legal persons and other organizations, to safeguard public interests and social order, and to ensure and supervise the effective implementation of administrative management.
Article 2 The term "administrative licensing" as used in this Law means the acts that the administrative organs permit, upon examination according to law, the citizens, legal persons or other organization to engage in special activities according to their applications.
Article 3 This Law shall apply to the establishment and implementation of administrative licensing.
This Law shall not be applicable to the examination and approval of such matters as personnel, finance and foreign affairs of relevant administrative organs to other organs or public institutions directly thereunder.
Article 4 The establishment and implementation of an administrative licensing shall tally with legal authority, scope, conditions and procedures.
Article 5 The principle of publicity, fairness and impartiality shall be abided by in the establishment and implementation of administrative licensing.
The relevant regulations on administrative licensing shall be announced to the public; those undisclosed shall not be the basis for the implementation of administrative licensing. The implementation of administrative licensing and the results thereof, except for those that concern state secrets, commercial secrets or individual privacy, shall be disclosed. Without approval by the applicants, no administrative organ nor any of its functionaries, nor anyone participating in an expert review or other events, shall disclose any trade secret, undisclosed information or confidential business information submitted by the applicants, unless otherwise stipulated by laws or unless national security or a major public interest is involved; if any administrative organ discloses the aforesaid information submitted by an applicant in accordance with the law, the applicant is allowed raise an objection within a reasonable time limit.
Applicants who meet the legal conditions and standards are entitled to obtain the equal right under administrative licensing and the administrative organs shall not discriminate against any of them.
Article 6 In the implementation of administrative licensing, the principle of facilitating people shall be abided by so as to enhance the efficiency and to render quality services.
Article 7 With regard to an administrative organ's implementation of an administrative licensing, the citizens, legal person or other institutions shall be entitled to make statements, to defend themselves, to apply for administrative reconsideration or to file an administrative lawsuit in accordance with the law. Where any of their legal rights and interests is impaired because of the administrative organs' unlawful implementation of the administrative licensing, it shall be entitled to demand compensation in accordance with the law.
Article 8 The administrative licensing obtained by a citizen, a legal person or any of other organizations in accordance with the law shall be protected by law. The administrative organs shall not change an effective administrative licensing without permission.
Where any of the laws, regulations and rules that the administrative licensing is based on is amended or abolished, or the objective circumstances that the administrative licensing rests on change greatly, in order to meet the demand of public interests, the administrative organ may modify or withdraw the effective administrative licensing. The damages caused to the properties of citizens, legal person or other institutions accordingly shall be compensated for by the administrative organ in accordance with the law.
Article 9 An administrative licensing obtained in accordance with the law shall not be transferred except for those that may be transferred in light of the legal conditions and procedures of the laws and regulations.
Article 10 The people's governments above the county level shall establish and perfect the supervisory system for the administrative licensing implemented by administrative organs, and shall strengthen the supervision and examination over the administrative licensing implemented by administrative organs.
The administrative organs shall effectively supervise the activities of the citizens, legal persons or other institutions concerning the matters under administrative licensing.
Chapter II Establishment of an Administrative Licensing
Article 11 The establishment of an administrative licensing shall be in line with the rule of economic and social development, shall be propitious to the full play of the enthusiasm and initiative of the citizens, legal persons or other institutions, safeguard the public interests and social order, promote the harmonious development of the economy, society and ecological environment.
Article 12 An administrative licensing may be established for any of the following matters:
1. The special activities that directly bear on the state security, public security, macro-economic control, ecological environment protection, and those directly relate to the human health, safety of life and property, which shall be approved according to the legal requirements;
2. The development and utilization of the limited natural resources, allocation of public resources and the market entry of the special trades that directly concern public interests, which shall be entitled with special rights;
3. The vocations and trades that provide public services and directly relate to the public interests, which need qualification of special credit, conditions or skills;
4. The important equipment, facilities, products, articles that directly concern public security, human health, the safety of life and property, which shall be examined and approved by means of inspection, testing, and quarantine according to the technical standards or criterions;
5. The establishment of the enterprises or other institutions, which need to determine the subject qualification;
6. Other matters, for which administrative licensing may be established in accordance with the laws and regulations.
Article 13 For the matters listed in Article 12 of this Law, which may be regulated through the following methods, the administrative licensing are not required to be established:
1. Those can be decided by the citizens, legal person or other institutions themselves;
2. Those can be effectively regulated by the market competition mechanism;
3. Those may be subject to the self-discipline management of the trade organizations or intermediary institutions;
4. The matters that can be solved by the administrative organs by means of supervision afterwards or through other administrative methods.
Article 14 As to the matters listed in Article 12 of this Law, administrative licensing may be established by means of law. Where there is no governing law, administrative licensing may be established by means of administrative regulations.
Where necessary, the State Council may adopt the form of releasing decisions to establish administrative licensing. After implementation, except for the matters under temporary administrative licensing, the State Council shall timely propose to the National People's Congress and its Standing Committee to formulate laws, or formulate administrative regulations by itself.
Article 15 If there is no governing law or administrative regulation yet, an administrative licensing may be established by means of local regulations for any of the matters listed in Article 12 of this Law; if there is no governing law, administrative regulation and local regulation yet, but it is really necessary to establish an administrative licensing to conduct administrative management immediately, an temporary administrative licensing may be established by means of a regulation of the people's government of a province, autonomous region or municipality directly under the Central Government. If it is necessary to keep on implementing the administrative licensing after a year, the people's congress and its standing committee of the same level shall be proposed to formulate a local regulation.
No local regulation or government rule of the provinces, autonomous regions, and municipalities directly under the Central Government may establish any administrative licensing for the qualifications of the citizens, legal persons or other institutions that shall be determined by the state; no administrative licensing and pre-administrative licensing may be established for the establishment and registration of enterprises or other institutions. The administrative licensing established thereby shall not hinder the individuals or enterprises of other regions from dealing in production and business and providing services in one region, shall not restrict the commodities of other regions from entering into the market of the local region.
Article 16 An administrative regulation may have specific requirements for the implementation of an administrative licensing within the scope of the matters prescribed by a statutory administrative licensing.
A local regulation may, within the scope of the matters of administrative licensing established by the laws and administrative regulations, make specific requirements for the implementation of the administrative licensing.
The regulation may make specific requirements for the implementation of the administrative licensing within the scope of the matters established by the upper law.
The regulations and rules shall not make specific requirements for the implementation of the administrative licensing set down by the upper law, shall not increase administrative licensing; for the specific conditions of administrative licensing, they shall not establish any other condition in violation of the upper law.
Article 17 Except for Articles 14 and 15 of this Law, no administrative licensing shall be set in any other regulatory document.
Article 18 In the establishment of an administrative licensing, the implementing organ, conditions, procedures and time limit shall be specified.
Article 19 Where an administrative licensing is to be established by means of drafting a law, a regulation or a regulation of the people's government of a province, autonomous region or municipality directly under the Central Government, the drafting entity shall consult the opinions through hearing and argumentation, etc., and shall give explanations to the law (regulation) making organ about the necessity to establish the administrative licensing, the potential effects on the economy and society and the opinions heard and adopted.
Article 20 The establishment organ of the administrative licensing shall periodically evaluate the administrative licensing it set.
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Order of the President of the People's Republic of China No. 29
April 23, 2019
(Adopted at the Fourth Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 27, 2003, and amended according to the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China passed at the Tenth Meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019)
Contents
Chapter I General Provisions
Chapter II Establishment of an Administrative Licensing
Chapter III Executive Organ for Administrative Licensing
Chapter IV Procedures for Administrative Licensing
Section 1 Application and Acceptance
Section 2 Examination and Decision
Section 3 Time Limit
Section 4 Hearing
Section 5 Modification and Extension
Section 6 Special Provisions
Chapter V Expenses of Administrative Licensing
Chapter VI Supervision and Check
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution in order to regulate the establishment and implementation of administrative licensing, to protect the legitimate rights and interests of citizens, legal persons and other organizations, to safeguard public interests and social order, and to ensure and supervise the effective implementation of administrative management.
Article 2 The term "administrative licensing" as used in this Law means the acts that the administrative organs permit, upon examination according to law, the citizens, legal persons or other organization to engage in special activities according to their applications.
Article 3 This Law shall apply to the establishment and implementation of administrative licensing.
This Law shall not be applicable to the examination and approval of such matters as personnel, finance and foreign affairs of relevant administrative organs to other organs or public institutions directly thereunder.
Article 4 The establishment and implementation of an administrative licensing shall tally with legal authority, scope, conditions and procedures.
Article 5 The principle of publicity, fairness and impartiality shall be abided by in the establishment and implementation of administrative licensing.
The relevant regulations on administrative licensing shall be announced to the public; those undisclosed shall not be the basis for the implementation of administrative licensing. The implementation of administrative licensing and the results thereof, except for those that concern state secrets, commercial secrets or individual privacy, shall be disclosed. Without approval by the applicants, no administrative organ nor any of its functionaries, nor anyone participating in an expert review or other events, shall disclose any trade secret, undisclosed information or confidential business information submitted by the applicants, unless otherwise stipulated by laws or unless national security or a major public interest is involved; if any administrative organ discloses the aforesaid information submitted by an applicant in accordance with the law, the applicant is allowed raise an objection within a reasonable time limit.
Applicants who meet the legal conditions and standards are entitled to obtain the equal right under administrative licensing and the administrative organs shall not discriminate against any of them.
Article 6 In the implementation of administrative licensing, the principle of facilitating people shall be abided by so as to enhance the efficiency and to render quality services.
Article 7 With regard to an administrative organ's implementation of an administrative licensing, the citizens, legal person or other institutions shall be entitled to make statements, to defend themselves, to apply for administrative reconsideration or to file an administrative lawsuit in accordance with the law. Where any of their legal rights and interests is impaired because of the administrative organs' unlawful implementation of the administrative licensing, it shall be entitled to demand compensation in accordance with the law.
Article 8 The administrative licensing obtained by a citizen, a legal person or any of other organizations in accordance with the law shall be protected by law. The administrative organs shall not change an effective administrative licensing without permission.
Where any of the laws, regulations and rules that the administrative licensing is based on is amended or abolished, or the objective circumstances that the administrative licensing rests on change greatly, in order to meet the demand of public interests, the administrative organ may modify or withdraw the effective administrative licensing. The damages caused to the properties of citizens, legal person or other institutions accordingly shall be compensated for by the administrative organ in accordance with the law.
Article 9 An administrative licensing obtained in accordance with the law shall not be transferred except for those that may be transferred in light of the legal conditions and procedures of the laws and regulations.
Article 10 The people's governments above the county level shall establish and perfect the supervisory system for the administrative licensing implemented by administrative organs, and shall strengthen the supervision and examination over the administrative licensing implemented by administrative organs.
The administrative organs shall effectively supervise the activities of the citizens, legal persons or other institutions concerning the matters under administrative licensing.
Chapter II Establishment of an Administrative Licensing
Article 11 The establishment of an administrative licensing shall be in line with the rule of economic and social development, shall be propitious to the full play of the enthusiasm and initiative of the citizens, legal persons or other institutions, safeguard the public interests and social order, promote the harmonious development of the economy, society and ecological environment.
Article 12 An administrative licensing may be established for any of the following matters:
1. The special activities that directly bear on the state security, public security, macro-economic control, ecological environment protection, and those directly relate to the human health, safety of life and property, which shall be approved according to the legal requirements;
2. The development and utilization of the limited natural resources, allocation of public resources and the market entry of the special trades that directly concern public interests, which shall be entitled with special rights;
3. The vocations and trades that provide public services and directly relate to the public interests, which need qualification of special credit, conditions or skills;
4. The important equipment, facilities, products, articles that directly concern public security, human health, the safety of life and property, which shall be examined and approved by means of inspection, testing, and quarantine according to the technical standards or criterions;
5. The establishment of the enterprises or other institutions, which need to determine the subject qualification;
6. Other matters, for which administrative licensing may be established in accordance with the laws and regulations.
Article 13 For the matters listed in Article 12 of this Law, which may be regulated through the following methods, the administrative licensing are not required to be established:
1. Those can be decided by the citizens, legal person or other institutions themselves;
2. Those can be effectively regulated by the market competition mechanism;
3. Those may be subject to the self-discipline management of the trade organizations or intermediary institutions;
4. The matters that can be solved by the administrative organs by means of supervision afterwards or through other administrative methods.
Article 14 As to the matters listed in Article 12 of this Law, administrative licensing may be established by means of law. Where there is no governing law, administrative licensing may be established by means of administrative regulations.
Where necessary, the State Council may adopt the form of releasing decisions to establish administrative licensing. After implementation, except for the matters under temporary administrative licensing, the State Council shall timely propose to the National People's Congress and its Standing Committee to formulate laws, or formulate administrative regulations by itself.
Article 15 If there is no governing law or administrative regulation yet, an administrative licensing may be established by means of local regulations for any of the matters listed in Article 12 of this Law; if there is no governing law, administrative regulation and local regulation yet, but it is really necessary to establish an administrative licensing to conduct administrative management immediately, an temporary administrative licensing may be established by means of a regulation of the people's government of a province, autonomous region or municipality directly under the Central Government. If it is necessary to keep on implementing the administrative licensing after a year, the people's congress and its standing committee of the same level shall be proposed to formulate a local regulation.
No local regulation or government rule of the provinces, autonomous regions, and municipalities directly under the Central Government may establish any administrative licensing for the qualifications of the citizens, legal persons or other institutions that shall be determined by the state; no administrative licensing and pre-administrative licensing may be established for the establishment and registration of enterprises or other institutions. The administrative licensing established thereby shall not hinder the individuals or enterprises of other regions from dealing in production and business and providing services in one region, shall not restrict the commodities of other regions from entering into the market of the local region.
Article 16 An administrative regulation may have specific requirements for the implementation of an administrative licensing within the scope of the matters prescribed by a statutory administrative licensing.
A local regulation may, within the scope of the matters of administrative licensing established by the laws and administrative regulations, make specific requirements for the implementation of the administrative licensing.
The regulation may make specific requirements for the implementation of the administrative licensing within the scope of the matters established by the upper law.
The regulations and rules shall not make specific requirements for the implementation of the administrative licensing set down by the upper law, shall not increase administrative licensing; for the specific conditions of administrative licensing, they shall not establish any other condition in violation of the upper law.
Article 17 Except for Articles 14 and 15 of this Law, no administrative licensing shall be set in any other regulatory document.
Article 18 In the establishment of an administrative licensing, the implementing organ, conditions, procedures and time limit shall be specified.
Article 19 Where an administrative licensing is to be established by means of drafting a law, a regulation or a regulation of the people's government of a province, autonomous region or municipality directly under the Central Government, the drafting entity shall consult the opinions through hearing and argumentation, etc., and shall give explanations to the law (regulation) making organ about the necessity to establish the administrative licensing, the potential effects on the economy and society and the opinions heard and adopted.
Article 20 The establishment organ of the administrative licensing shall periodically evaluate the administrative licensing it set.
......