Measures on the Administration of Sanitary Administrative License
Measures on the Administration of Sanitary Administrative License
Measures on the Administration of Sanitary Administrative License
Order No. 38 of the Ministry of Health of the People's Republic of China
November 17, 2004
The Measures on the Administration of Sanitary Administrative License, adopted at the executive meeting of the Ministry of Heath on July 23, 2004, are hereby formulated and shall come in force as of the date of promulgation.
Minister Wu Yi
Measures on the Administration of Sanitary Administrative License
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Administrative Licensing Law of the People's Republic of China (hereinafter referred to as the "Administrative Licensing Law") and other relevant sanitary laws and regulations for the purpose of regulating the handling of sanitary administrative license by the administrative department of health.
Article 2 The sanitary administrative license is the act of the administrative department of health for making examination on citizens, legal persons or other organizations upon their application and in accordance with sanitary laws, regulations and rules and sanitary standards and criteria and approving them to carry out the specific activities in relation to sanitary administration.
Article 3 The principles of openness, fairness, justness, and convenience for the people shall be followed for the handling of sanitary administrative license, so as to improve the efficiency of handling affairs and provide quality service.
Article 4 The sanitary administrative license handled by the administrative departments of health at all levels shall be based on:
1. Laws and regulations;
2. Decisions of the State Council;
3. Local regulations; or
4. Rules of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
The administrative departments of health at all levels may not create any sanitary administrative license items on their own initiatives, and may not handle any sanitary administrative license without legal basis.
Article 5 The administrative department of health shall strictly abide by the power and procedures as prescribed by laws, regulations or rules when handling sanitary administrative license.
No administrative department of health at lower level may handle any sanitary administrative license that shall, according to laws, regulations or rules, be handled by the administrative department of health at higher level; and the administrative department of health at higher level may not handle any sanitary administrative license that shall, according to laws, regulations or rules, be handled by the administrative department of health at lower level, but may strengthen supervision over the acts of sanitary administrative license handled by the administrative department of health at lower level.
In case there are no clear provisions in laws, regulations and rules on the level of administrative department of health which handles the sanitary administrative license or on authorizing any provincial administrative department of health to make provisions on it, the provincial administrative department of health shall make specific provisions on it.
Article 6 Where it is necessary to establish two or more internal organs within an administrative department of health for the handling of sanitary administrative license, one of them shall be determined to uniformly accept applications for sanitary administrative license and issue a decision on the administrative license.
Article 7 Any citizen, legal person or other organization shall have the right to state his/its opinions, to appeal, and to request for holding hearings according to law for the sanitary administrative license handled by the administrative department of health; shall have the right to apply for administrative reconsideration or file an administrative litigation according to law; and shall have the right to request compensation in case his/its lawful rights and interests are damaged due to the illegal handling of sanitary administrative license by the administrative department of health.
Article 8 Any entity or individual shall have the right to report any act of illegal sanitary administrative license, and the administrative department of health shall verify and handle it in time.
Chapter II Application and Acceptance
Article 9 When applying for sanitary administrative license, a citizen, legal person or other organization shall file an application to the administrative department of health in light of the procedures and requirements as prescribed by laws, regulations and rules. The model text of the application form shall be provided by the administrative department of health.
An applicant may entrust an agent to file an application for sanitary administrative license, the agent shall provide the certificate of agency by mandate when handling the application for sanitary administrative license.
Article 10 The administrative department of health shall announce the following contents in relation to the handling of sanitary administrative license matters:
1. The items, basis, conditions, procedures, time limit and number of the sanitary administrative licenses;
2. A list of all the documents that shall be submitted;
3. Model text of the application form; and
4. The operating process, mailing address, contact telephone, and supervision telephone for the handling of sanitary administrative license.
The administrative department of health, if possible, may announce the items as listed in the preceding paragraph on relevant websites, for the convenience of the applicant to file applications for sanitary administrative license and improve the efficiency of work.
The administrative department of health shall give introduction to and interpretation on the contents of announcement where it is so requested by any applicant.
Article 11 An applicant shall, when applying for sanitary administrative license, submit relevant materials according to the facts to the administrative department of health, and shall be responsible for the authenticity of the application materials, and bear corresponding legal liabilities. The administrative department of health shall not request the applicant to submit the technical materials and other materials that have nothing to do with the sanitary administrative license matters the applicant applies for.
Article 12 The administrative department of health shall, when receiving an application for sanitary administrative license, check whether the matters applied for may be licensed and whether the application materials are complete, and handle it according to the following circumstances:
1. In case no sanitary administrative license shall be obtained for the matters applied for according to law, it shall notify the applicant of the denial in time;
2. In case the matters applied for do not fall within the scope of functions and power of the administrative department of health, it shall make a decision on rejecting them at once, and tell the applicant to apply to the competent administrative department;
3. In case there is any mistake in the application materials that may be corrected on the spot, the applicant shall be allowed to make corrections on the spot, but excluding the technical material contents involved in the application materials. The applicant shall make written confirmation on the contents of correction.
4. In case the application materials are not complete or do not comply with legal forms, a supplementary notice on the application materials shall be issued on the spot or within five days, notifying the applicant once and for all the full contents that need to be supplemented.
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