Decision of the State Council on Revising Some Administrative Regulations
Decision of the State Council on Revising Some Administrative Regulations
Decision of the State Council on Revising Some Administrative Regulations
Order of the State Council of the People's Republic of China No. 645
December 7, 2013
The Decision of the State Council on Revising Some Administrative Regulations adopted at the 32th Executive Meeting of the State Council on December 4, 2013 is hereby promulgated and shall come into effect as of the date of promulgation.
Li Keqiang, Premier
Decision of the State Council on Revising Some Administrative Regulations
In order to lawfully promote the reform of the administrative examination and approval system and the change of government functions, give play to the advantage of local governments through proximity to the grassroots, promote and ensure government administration is switched from pre-examination and approval to inter- and post-regulation, and further motivate the innovation of the market and the society, the State Council has screened 125 items of cancellation and decentralization of administrative approval involving administrative regulations in accordance with the Decision of the State Council on Matters Relating to Cancellation and Decentralization of 50 Administrative Examination and Approval Items promulgated by the State Council on July 13, 2013 and the Decision of the State Council on Cancellation and Decentralization of a Batch of Administrative Examination and Approval Items promulgated by the State Council on November 8, 2013. After screening, the State Council has decided to revise some clauses of 16 pieces of administrative regulations.
I. In Article 7 of the Interim Regulations of the People's Republic of China on Urban Land Use Tax, "After review by the taxation authority of provinces, autonomous regions or municipalities directly under the Central Government, the matter shall be reported to the State Administration of Taxation for approval" shall be revised as "the matter shall be approved by the local taxation authority at the county level or above".
II. Delete Article 7 of the Interim Provisions for the Administration of Foreign Chambers of Commerce in China.
Article 9 shall be changed to Article 7, and revised as "To establish a foreign chamber of commerce, a written application shall be made to the Ministry of Civil Affairs of the People's Republic of China (hereinafter referred to as the "Administrative Authority of Registration") and registration shall be handled in accordance with the law. The Administrative Authority of Registration shall make a decision on whether registration is permitted within 60 days of receipt of all documents provided in Article 8 hereof. Where registration is permitted, the registration certificate shall be issued. Where registration is not permitted, a written explanation of the reasons shall be given. A foreign chamber of commerce shall be established upon review and registration and issue of the registration certificate."
Article 11 shall be changed to Article 10, and revised as "A foreign chamber of commerce shall submit an activity report of the previous year to the Administrative Authority of Registration in January each year.
The China Council for the Promotion of International Trade shall provide consultancy and services to foreign chambers of commerce for the establishment, engagement in activities and liaison with the competent authorities in China."
Article 12 shall be changed to Article 11, and revised as "Where a foreign chamber needs to revise the articles of association, replace the chairman, vice-chairman and general executives or change the office address, it shall handle the registration of change in accordance with Articles 7 and 8 hereof."
Article 14 shall be changed to Article 13, and "report to the examination authority for filing" in Paragraph 1 shall be deleted.
III. The Article 16 of the Implementing Regulations of the Protection of Aquatic Wild Animals of the People's Republic of China shall be revised as "Where foreigners engage in activities of scientific visit, sampling, filming or videotaping of aquatic wild animals within the territory of China, they shall obtain the approval of the competent administrative department of fishery of the people's government of provinces, autonomous regions or municipalities directly under the Central Government at the place of aquatic wild animals under key protection of the state."
IV. Paragraph 2 of Article 5 of the Measures for Salt Franchise shall be revised as "The designated salt production enterprises shall be examined and approved by the competent authority of the salt industry of the people's government of provinces, autonomous regions or municipalities directly under the Central Government."
In Article 6, "the competent authority of the salt industry under the State Council" shall be revised as "the competent authority of the salt industry of the people's government of provinces, autonomous regions or municipalities directly under the Central Government".
In Paragraph 1 of Article 18, the phrase "the competent authority of the salt industry under the State Council or its authorized" shall be deleted.
V. Paragraph 1 of Article 13 of the Regulations on the Administration of Television Broadcasting shall be revised as "Where a broadcasting radio or television station changes its name, logo, scope of program set-up or number of programs, it shall obtain the approval of the administrative department of broadcasting television under the State Council. However, where the broadcasting radio or television station established by the administrative department of broadcasting television of the people's government at the levels of county and cities with districts, it shall obtain the approval of the administrative department of broadcasting television of the people's government of provinces, autonomous regions or municipalities directly under the Central Government."
Article 45 shall be revised as "The organization of exchange and trading activities of international broadcasting television programs shall be approved by the administrative department of broadcasting television under the State Council, and the designated entity shall organize such activities.
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