Implementing Measures of the People's Bank of China for Administrative Licensing

Implementing Measures of the People's Bank of China for Administrative Licensing

Order of the People's Bank of China [2004] No. 3

September 13, 2004

In accordance with the Administrative Licensing Law of the People's Republic of China, the Law of the People's Republic of China on the People's Bank of China and other relevant laws and regulations, the People's Bank of China has formulated the Implementing Measures of the People's Bank of China for Administrative Licensing, which were adopted at the President's executive meeting, are hereby issued and shall come into effect as of November 1, 2004.

President: Zhou Xiaochuan

Implementing Measures of the People's Bank of China for Administrative Licensing

Chapter I General Provisions
　
Article 1 In order to regulate the Peoples' Bank of China (hereinafter referred to as the PBC) and its branch institutions in the implementation of the administrative licensing system and to protect the legitimate rights and interests of citizens, legal persons and other organizations, these Measures have been formulated in accordance with the Administrative Licensing Law of the People's Republic of China and the Law of the People's Republic of China on the People's Bank of China.
　
Article 2 The term "administrative licensing" as referred to in these Measures means the system by which the PBC and its branch institutions, based on applications filed by citizens, legal persons and other organizations, allow such citizens, legal persons and other organizations to engage in special activities after considering their applications in accordance with the law.
　
Article 3 These Measures shall apply to the implementation of the administrative licensing system by the PBC and its branch institutions.
These Measures shall not apply to examination and approval of the personnel, finances and foreign affairs of public institutions subject to the direct oversight of the People's Bank of China.
　
Article 4 The PBC and its branch institutions shall implement the administrative licensing system in accordance with the principles of openness, fairness, impartiality, public service and efficiency.
　
Article 5 The PBC and its branch institutions shall implement the administrative licensing system in accordance with the scope and limits of their statutory powers and with the criteria and procedures applicable thereto.
The PBC and its branch institutions shall implement the administrative licensing system in accordance with applicable laws, administrative regulations, and decisions of the State Council.
Within the limits of administrative licensing matters provided for in laws, regulations, and decisions of the State Council, the PBC may formulate specific rules for the implementation of the administrative licensing system, but these rules shall not purport to create any new administrative licensing power, nor may they introduce any additional condition in violation of such laws, administrative regulations, or decisions of the State Council.
　
Article 6 Rules formulated by the PBC regarding the implementation of the administrative licensing system shall be made available to the public. No rule that is not made available to the public shall be implemented as part of the administrative licensing system.
The criteria, procedures and time limits applicable to and the results of the implementation of the administrative licensing system by the PBC and its branch institutions shall be publicized unless they involve any state secret, commercial secret or personal privacy issue.
Applicants who meet the statutory criteria or standards shall have equal rights to obtain an administrative license in accordance with the law. No applicant shall be discriminated against by the PBC or any of its branch institutions.
　
Article 7 With regard to the administrative licensing system implemented by the PBC and its branch institutions, citizens, legal persons and other organizations shall be entitled to make statements and put forward arguments, and shall be entitled to apply for administrative review or lodge an administrative lawsuit in accordance with the law.
Any citizen, legal person or other organization whose legitimate rights and interests are impaired due to the way in which the administrative licensing system is implemented by the PBC or any of its branch institutions shall be entitled to claim compensation in accordance with the law.
　
Article 8 Administrative licenses lawfully granted by the PBC or any of its branch institutions to citizens, legal persons and other organizations are protected by law. The PBC and its branch institutions shall not be entitled to change a valid administrative license without permission.
Where any law, regulation or rule on which the administrative licensing system is based is amended or abolished, or the objective circumstances on which the administrative licensing system is based change significantly, the PBC and its branch institutions may, for the sake of the public interest, modify or revoke the existing administrative licensing system in accordance with the law and shall compensate any citizen, legal person or other institution for any damage to property caused thereby.
　
Article 9 The functional departments of the PBC and its branch institutions shall be responsible for handling administrative licensing matters within the scopes of their respective functions.
The departments of legal affairs of the PBC and its branch institutions shall be responsible for the hearing and supervision of administrative licensing matters.
　
Article 10 The PBC and its branch institutions shall establish a sound supervision and inspection system for the implementation of the administrative licensing system.
The PBC and its branch institutions shall exercise effective supervision over the licensed activities of licensees.
　
Article 11 In implementing the administrative licensing system, neither the PBC nor any of its branch institutions shall introduce any improper condition such as requiring an applicant to purchase any designated commodity, accept any paid service, etc.
When handling any administrative licensing matter, no official of the PBC or any of its branch institutions shall extort or accept any property belonging to any other person, nor seek any other private interest or benefit.

Chapter II Administrative Licensing Organs
　
Article 12 The PBC shall, within the scope of its statutory functions, implement the administrative licensing system in accordance with the law.
The branch institutions of the PBC shall, within the scope of the functions for which they have been authorized by the PBC, implement the administrative licensing system in accordance with the law.
　
Article 13 The PBC may, within the scope of its statutory functions, authorize other administrative organs to implement the administrative licensing system in accordance with applicable laws, administrative regulations and rules.
No branch institution of the PBC shall authorize any other administrative organ to implement the administrative licensing system.
Where the PBC authorizes other administrative organs to implement the administrative licensing system, it shall publicize the names of the administrative organs so authorized and the administrative licensing matters for which they are responsible, supervise the implementation of the administrative licensing system by such organs and shall be legally liable therefore.
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