Decision of the State Council on Cancellation and Delegation of a Batch of Administrative Examination and Approval Items

Decision of the State Council on Cancellation and Delegation of a Batch of Administrative Examination and Approval Items

Decision of the State Council on Cancellation and Delegation of a Batch of Administrative Examination and Approval Items

Guo Fa [2014] No.5

January 28, 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 research and argumentation, the State Council decides to cancel and delegate another 64 administrative examination and approval items and 18 sub-items. Another six administrative examination and approval items established pursuant to relevant laws are proposed to be cancelled and delegated, 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.

All regions and departments shall earnestly complete the implementation and take-over job of the cancellation and delegation of items of administrative examination and approval of management level, and practically enhance the in-progress regulation and post regulation; continue to vigorously promote the reform of administrative examination and approval system to make delegation efforts a persistent action of reform; improve the supervision and restriction mechanism; strengthen the oversights of the operation of administrative examination and approval authority; continuously raise the level of scientific and standardized government management.

Appendix: Catalogue of Management Level Administrative Examination and Approval Items to Be Cancelled and Delegated as Decided by the State Council (64 items and 18 sub-items)
No. Item name Examined and approved by Jointly examined and approved by Basis Decision Remark
1 Examination and approval of educational online schools that implement online higher degree education via Internet The Ministry of Education 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 No.412) To be cancelled  
2 Examination and approval of national key disciplines The Ministry of Education None Opinions of the Ministry of Education on Strengthening the Construction of National Key Disciplines (Jiao Yan [2006] No.2) Circular of the Ministry of Education on Issuing the Interim Measures for the Construction and Administration of National Key Disciplines (Jiao Yan [2006] No.3) To be cancelled  
3 Examination and approval of charging standards of telecommunications services The Ministry of Industry and Information Technology None Telecommunications Regulations of the People's Republic of China (Order of the State Council No. 291) Circular of the State Development Planning Commission and the Ministry of Information Industry on Issuing the Provisions on Filing Procedures for Examination, Approval of Charges for Telecommunications Services (for Trial Implementation) (Ji Jia Ge [2002] No. 1489) To be cancelled  
4 Filing and approval of licenses for operation of fundamental telecommunications and cross-regional value-added telecommunications services 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 No.412) Measures for the Administration of Telecom Business Licensing (Order of the Ministry of Industry and Information Technology [2009] No.5) To be cancelled Originally implemented by telecommunications administration authorities of provinces, autonomous regions and municipalities directly under the Central Government
5 Licensing of safety production of civil explosives The Ministry of Industry and Information Technology None Regulations of the Work Safety License (Order of the State Council No.397) Administrative Regulations on Safety of Civil Explosives (Order of the State Council No.466) To be delegated to competent departments of civil explosives of provincial people's governments  
6 Accreditation of qualifications for computer information system integration enterprises 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 No.412) To be cancelled  
7 Accreditation of qualifications for project managers of computer information system integration The Ministry of Industry and Information Technology None Circular on Promulgating the Administrative Measures for the Qualifications for Project Managers of Computer Information System Integration (for Trial Implementation) (Xin Bu Gui [2002] No.382) promulgated by the former Ministry of Information Industry To be cancelled  
8 Certification of qualifications of information system project supervision units and accreditation of qualifications for supervising engineers 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 No.412) To be cancelled  
9 Examination and approval of using electronic monitoring equipment to conduct radio wave parameters test in China by foreign organizations or individuals The Ministry of Industry and Information Technology None Regulations of the People's Republic of China on the Management of Radio Operation (Order of the State Council No.128) To be cancelled Such activities are prohibited in future
10 Permission for the Pass of Domestic Transportation of Nuclear Materials Exempted from Inspection The Ministry of Public Security 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 No.412) To be cancelled Administration via other methods
11 Examination and approval of the specialties of the colleges and universities under the Ministry of Justice other than those in the list of specialties to be established or to be adjusted The Ministry of Justice 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  
12 Accreditation of qualifications for accounting practices in the charge of the Ministry of Finance The Ministry of Finance None Accounting Law of the People's Republic of China Administrative Measures for the Practice Qualifications of Accountants (Order of the Ministry of Finance [2005] No.26) To be delegated to the finance departments of provincial people's governments  
13 Review of debt-for-equity swap plans and agreements of financial asset management companies The Ministry of Finance The State-owned Assets Supervision and Administration Commission of the State Council Opinions of the State Economic and Trade Commission and the People's Bank of China on Several Issues Concerning the Implementation of Debt-for-equity Swap (Guo Jing Mao Chan Ye [1999] No.727) Regulations on Financial Asset Management Companies (Order of the State Council No.297) Decision of the State Council on the Sixth Batch of Cancelled and Modified Administrative Examination and Approval Items (Guo Fa [2012] No.52) To be cancelled  
14 Approval of exemption of land value-added taxes for the first time for the real estate projects, which were established or for which contracts were signed before 1994 The Ministry of Finance The State Administration of Taxation Circular on Exemption of Land Value-added Taxes for Real Estates, for Which the Development and Transfer Contracts Were Signed Before January 1, 1994 (Cai Fa Zi [1995] No.7) promulgated by the Ministry of Finance and the State Administration of Taxation To be cancelled  
15 Approval of temporary use of the state-owned land or land under collective peasant ownership for the needs of project construction and geological exploration The Ministry of Land and Resources None Land Administration Law of the People's Republic of China To be cancelled Only the approval item of the Ministry of Land and Resources is cancelled while the approval item of the competent land administrative departments of the people's governments at or above the county level remains
16 Prospective review of survey and mining of mineral resources under Sino-foreign cooperation The Ministry of Land and Resources None Administrative Measures for the Block Registration of Mineral Resource Prospecting (Order of the State Council No.240) Administrative Measures for the Registration of Mineral Resources Exploitation (Order of the State Council No.241) To be cancelled  
17 Approval of filing of geographic survey The Ministry of Land and Resources None Administrative Measures for the Block Registration of Mineral Resource Prospecting (Order of the State Council No.240) To be cancelled  
18 Review of the development of state-owned lands without determination of the land use rights for production engagement in the land reclamation area The Ministry of Land and Resources None Land Administration Law of the People's Republic of China Regulations on the Implementation of the Land Administration Law of the People's Republic of China (Order of the State Council No.
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