Decision of the State Council on Cancelling and Adjusting a Batch of Administrative Examination and Approval Items
Decision of the State Council on Cancelling and Adjusting a Batch of Administrative Examination and Approval Items
Decision of the State Council on Cancelling and Adjusting a Batch of Administrative Examination and Approval Items
Guo Fa [2014] No.27
July 22, 2014
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council,
Upon the study and argumentation, the State Council decides to cancel and delegate 45 administrative examination and approval items, cancel 11 occupational qualification licensing and certification items, and modify 31 items subject to examination and approval before registration at administration for industry and commerce into the ones subject to examination and approval after registration at administration for industry and commerce. Another seven administrative examination and approval items established pursuant to relevant laws are proposed to be cancelled and delegated, five items subject to examination and approval before registration at administration for industry and commerce be modified into the ones subject to examination and approval after registration at administration for industry and commerce, and the State Council will, in accordance with legal procedures, submit a proposal to amend the provisions of relevant laws and regulations to the Standing Committee of the National People's Congress. With respect to eight items among the administrative examination and approval items involving amendment to the laws and set out in the Decision of the State Council on Matters relating to Cancellation and Decentralization of 50 Administrative Examination and Approval Items (Guo Fa [2013] No.27) and in the Decision of the State Council on Cancellation and Delegation of a Batch of Administrative Examination and Approval Items (Guo Fa [2013] No.44), the State Council has, in accordance with legal procedures, submitted a proposal to amend the provisions of relevant laws to the Standing Committee of the National People's Congress. This batch of administrative examination and approval items subject to cancellation and adjustment are hereby announced as follows.
Appendix:
1. Catalogue of Management Level Administrative Examination and Approval Items to be Cancelled and Delegated as Decided by the State Council (53 items in total)
| No. | Item name | Examined and approved by | Jointly examined and approved by | Basis | Decision | Remark |
| 1 | Examination and approval of Special Scientific Research Fund for Doctoral Program of Higher Education | The Ministry of Education | None | Administrative Measures for Special Scientific Research Fund for Doctoral Program of Higher Education of China (Cai Jiao [2002] No.123) | To be cancelled | |
| 2 | Examination and approval of the High Education-oriented Research Institutions for New Rural Development | The Ministry of Education | The Ministry of Science and Technology | Circular of the Ministry of Education and the Ministry of Science and Technology on Construction of the High Education-oriented Research Institutions for New Rural Development (Ke Ji [2012] No.1) | To be cancelled | |
| 3 | Examination and approval of the establishment of internet domain name registration service agencies | The Ministry of Industry and Information Technology | None | Decision of the State Council on Applying Administrative Licensing to the Administrative Examination and Approval Items Necessary to be Retained (Order of the State Council of the People's Republic of China No.412) | To be delegated to the communication administration bureaus at provincial level | |
| 4 | Ratification of the transmission nature of wireless equipment and accreditation of testing institutions | The Ministry of Industry and Information Technology | None | Decision of the State Council on Applying Administrative Licensing to the Administrative Examination and Approval Items Necessary to be Retained (Order of the State Council of the People's Republic of China No.412) | To be cancelled | |
| 5 | Examination and approval of the arrangements and uses of Central Medicine Reserve Funds | The Ministry of Industry and Information Technology | None |
Circular of the General Office of the State Council on Retaining Some Non-administrative Licensing Examination and Approval Items (Guo Ban Fa [2004] No. 62) Circular of the General Office of State Council on Issuing the Provisions on the Main Functions, Internal Bodies and Staffing of the Ministry of Industry and Information Technology (Guo Fa [2008] No.72) |
To be cancelled | |
| 6 | Permission for establishment of representative offices of law firms of Hong Kong, Macao and Taiwan in Mainland | The Ministry of Justice | None |
Administrative Regulations on the China-based Representative Offices of Foreign Law Firms (Order of the State Council No. 338) Administrative Measures for the Representative Offices of Law Firms of Hong Kong Special Administrative Region and Macao Special Administrative Region in the Mainland (Order of the Ministry of Justice [2002] No. 70) |
To be delegated to the competent authorities of judicial administration of the people's governments at provincial level | |
| 7 | Permission for practices of representatives of representative offices of law firms of Hong Kong, Macao and Taiwan in Mainland | The Ministry of Justice | None |
Administrative Regulations on the China-based Representative Offices of Foreign Law Firms (Order of the State Council No. 338) Administrative Measures for the Representative Offices of Law Firms of Hong Kong Special Administrative Region and Macao Special Administrative Region in the Mainland (Order of the Ministry of Justice [2002] No. 70) |
To be delegated to the competent authorities of judicial administration of the people's governments at provincial level | |
| 8 | Examination and approval of paying prices for mineral exploration right and mining right by conversion of shares | The Ministry of Finance | The Ministry of Land and Resources | Administrative Measures for Paying Prices for Mineral Exploration Right and Mining Right by Conversion of Shares (Cai Jian [2006] No.695) Supplementary Circular of the Ministry of Finance and the Ministry of Land and Resources on Issues concerning the Reform of System of Obtaining of Mineral Exploration Right and Mining Right with Compensation (Cai Jian [2008] No.22) |
To be cancelled | Shall not pay prices for mineral exploration right and mining right by conversion of shares in the future |
| 9 | Registration of mineral water products sold across provinces, autonomous regions and municipalities directly under the Central Government | The Ministry of Land and Resources | None | Circular of the Ministry of Land and Resources on Carrying out the Registration of Mineral Water Products (Guo Tu Zi Fa [2003] No.327) | To be cancelled | |
| 10 | Examination and approval of the cooperative salvage by salvages from foreign firms and Chinese firms | The Ministry of Transport | None | Administrative Measures for the Participation of Foreign Firms in the Salvage of Sunken Ships and Objects in Chinese Coastal Waters (Order of the State Council No.102) | To be cancelled | |
| 11 | Final inspection and approval of completed national key water transportation construction projects | The Ministry of Transport | None |
Port Law of the People's Republic of China Measures for the Final Inspection and Approval of Completed Port Projects (Order of the Ministry of Communications [2005] No. 2) |
To be delegated to the competent administrative authorities of transportation of the people's governments at provincial level | |
| 12 | Examination and approval of the overall planning of national road transport junction | The Ministry of Transport | None | Measures for Formulation of the Overall Planning of National Road Transport Junction (Jiao Gui Hua Fa [2007] No.365) | To be cancelled | Only the examination and approval of the Ministry of Transport are cancelled, and the examination and approval of competent administrative authorities of transportation of the local people 's governments are still retained. |
| 13 | Examination and approval of the practical qualification for pilots | The Ministry of Transport | None |
Regulations of the People's Republic of China on Seafarers (Order of the State Council of the People's Republic of China No.494) Administrative Measures of the People's Republic of China for Pilots (Order of the Ministry of Transport [2013] No.20) |
To be delegated to the branch agencies of marine system directly under the Central Government | |
| 14 | Examination and approval of overseas assignment of seamen | The Ministry of Transport | None | Administrative Regulations on Foreign Labor Service Cooperation (Order of the State Council of the People's Republic of China No.620) Administrative Provisions of the People's Republic of China on the Overseas Assignment of Seamen (Order of the Ministry of Transport [2011] No.3) |
To be delegated to the marine administration agencies directly under the Central Government | |
| 15 | Examination and approval of the filling and blocking, occupation and destroying of former river ways, dams and engineering equipment, etc. | The Ministry of Water Resources | None | Regulations of the People's Republic of China on River Administration (Order of the State Council No.3) | To be cancelled | |
| 16 | Examination and approval of the annual investment plans on the subsequent supporting water-saving projects for large scale irrigation areas and water-saving | The Ministry of Water Resources | None | Circular of the General Office of the State Council on Retaining Some Non-administrative Licensing Examination and Approval Items (Guo Ban Fa [2004] No. 62) | To be cancelled | |
| 17 | Examination and approval of the annual investment plans on the exemplary water-saving irrigation and efficiency enhancement projects | The Ministry of Water Resources | None |
Circular of the General Office of the State Council on Retaining Some Non-administrative Licensing Examination and Approval Items (Guo Ban Fa [2004] No. ...... 请先同意《服务条款》和《隐私政策》
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