What is Administrative Licensing?

The Administrative Licensing Law of the People's Republic of China was adopted at the Fourth Session of the Standing Committee of the 10th National People's Congress on August 27, 2003, and amended in accordance with the Decision on Amending the Construction Law of the People's Republic of China and Other Eight Laws at the 10th Session of the Standing Committee of the 13th National People's Congress on April 23, 2019.

1. The concept of administrative licensing

Article 2 of the "Administrative Licensing Law of the People's Republic of China" provides that an administrative organ shall, upon application by a citizen, legal person or other organization, approve it to engage in specific activities upon review in accordance with law.

Features:

1. According to the application: only when there is an application can it be approved.

2. Administration: Administrative licensing is the management of economic and social affairs by administrative organs.

3. Externality: "official" approves "people", which is external approval, that is, licensing. Internal approvals are not called permissions.

4. Beneficial: The administrative organs grant power and benefits to the people.

2. The setting of administrative licensing

Article 12 of the Administrative Licensing Law of the People's Republic of China The following matters may be subject to administrative licensing:

(1) Matters that directly involve specific activities such as national security, public safety, macroeconomic regulation and control, ecological and environmental protection, as well as those directly related to personal health, life and property, and that need to be approved in accordance with legally-prescribed requirements;

(2) Matters requiring the granting of specific rights, such as the development and utilization of limited natural resources, the allocation of public resources, and market access to specific industries directly related to the public interest;

(3) Occupations or industries that provide public services and are directly related to the public interest, and matters that need to be determined to have qualifications or qualifications such as special reputation, special conditions, or special skills;

(4) Important equipment, facilities, products, and items that are directly related to public safety, personal health, or the safety of life and property, and that need to be reviewed and approved in accordance with technical standards and specifications, through inspections, testing, quarantine, and other means;

(5) Matters such as the establishment of enterprises or other organizations that require the determination of entity qualifications;

(6) Other matters that laws and administrative regulations provide may set up for administrative licensing.

Article 13 of the Administrative Licensing Law of the People's Republic of China The matters listed in Article 12 of this Law may not be subject to administrative licensing if they can be regulated through the following methods:

(1) Citizens, legal persons, or other organizations are able to make decisions on their own;

(2) The market competition mechanism can be effectively regulated;

(3) Industry organizations or intermediaries are able to self-discipline and manage;

(4) Where the administrative organ can resolve the issue by employing other administrative management methods such as post-event supervision.

3. The implementing organ of the administrative license

1. Administrative organs: the State Council, ministries and commissions, provincial-level governments and competent departments, and governments and competent departments at or above the county level

2. Organizations authorized by laws and regulations: organizations with the function of managing public affairs (such as: hospitals, schools, libraries and some public utilities)

3. The entrusted organ (Article 24 of the Administrative Licensing Law of the People's Republic of China) The entrusted administrative organ shall be responsible for supervising the implementation of administrative licensing by the entrusted administrative organ, and bear legal responsibility for the consequences of the act. ）

Fourth, the implementation procedures of administrative licensing

1. Application

(1) If a party needs to engage in a specific licensing matter, it shall submit an application (Article 29)

(2) The parties shall truthfully submit relevant materials to reflect the true situation (Article 31)

2. Acceptance

A. If it is not necessary to obtain a permit, it shall be immediately notified that it will not be accepted.

B. Where it is not within the scope of the administrative organ's authority, a decision not to accept it shall be immediately made.

C. Where the application materials that are within the scope of the administrative organ's authority and need to obtain a permit have errors that can be corrected on the spot, corrections shall be allowed on the spot, and the application must not be refused on this ground.

D. Where the application materials that are within the scope of the administrative organ's authority and need to obtain a permit are incomplete or do not conform to the statutory form, the administrative organ shall inform the applicant of all the contents that need to be supplemented and corrected on the spot or once within 5 days. If the application is not notified within the time limit, it shall be accepted from the date of receipt of the application materials.

E. If the application matters fall within the scope of the authority of the administrative organ, the application materials are complete and conform to the statutory form, or the applicant submits all the supplementary and corrective application materials in accordance with the requirements of the administrative organ, the application for administrative license shall be accepted.

3. Review

(1) Formal examination. If the application materials submitted by the applicant are complete and conform to the statutory form, and the administrative organ can make a decision on the spot, it shall make a written administrative licensing decision on the spot.

(2) On-site review. It refers to the review activities carried out by the administrative organ when it must go to the scene to verify whether the content reflected in the application materials is consistent with the actual situation.

4. Decision

There are two types of licensing decisions: grant or disallow.

(1) The administrative organ has the obligation to make a decision on the application for permission accepted:

A. Except for making a decision on the spot, it shall be made within the statutory time limit;

B. Decisions shall be made in accordance with the prescribed procedures;

C. A licensing decision shall be made based on the results of the examination;

(2) Where the administrative organ refuses permission, it shall explain the reasons and inform the applicant that he or she has the right to reconsider or litigate.

(3) If an administrative organ makes a decision to approve an administrative license and needs to issue an administrative license, it shall issue the following to the applicant with the seal of the administrative organ

(4) The issuance of licenses is open to facilitate public inquiry.

(5) There is no geographical restriction on the administrative license set by laws and administrative regulations. Administrative License:

A. Permits, licenses or other permits;

B. Qualification certificate, qualification certificate or other qualification certificate;

C. Approval documents or supporting documents of administrative organs;

D. Other administrative licenses stipulated by laws and regulations.

5. Fees for administrative licensing

In principle, administrative organs shall not charge fees for the implementation of administrative licensing.

Where fees are charged, there must be laws and administrative regulations as a basis.

Charging items and standards should be made public.

There are two lines of revenue and expenditure (the fees collected are handed over to the state treasury).

6. Supervision and inspection of administrative licensing

Article 69 of the Administrative Licensing Law of the People's Republic of China In any of the following circumstances, the administrative organ that made the administrative licensing decision or the administrative organ at a higher level may, at the request of the interested party or on the basis of its authority, revoke the administrative license:

(1) The staff of the administrative organ abuses their authority or neglects their duties to make a decision to approve an administrative license;

(B) beyond the statutory authority to make a decision to approve an administrative license;

(C) in violation of legal procedures to make a decision to approve an administrative license;

(D) do not have the qualifications to apply or do not meet the statutory requirements of the applicant to grant an administrative license;

(5) Other circumstances in which an administrative license may be revoked in accordance with law.

If the licensee obtains an administrative license by fraud, bribery or other improper means, it shall be revoked.

Where the revocation of an administrative license in accordance with the provisions of the preceding two paragraphs might cause major harm to the public interest, it is not to be revoked.

In accordance with the provisions of the first paragraph of this article, if the lawful rights and interests of the licensee are harmed, the administrative organ shall compensate in accordance with law. If the administrative license is revoked in accordance with the provisions of the second paragraph of this article, the interests obtained by the licensee based on the administrative license shall not be protected.

Article 70 of the Administrative Licensing Law of the People's Republic of China In any of the following circumstances, the administrative organ shall go through the cancellation formalities for the relevant administrative license in accordance with law:

(A) the expiration of the validity period of the administrative license has not been renewed;

(2) An administrative license granting a citizen specific qualifications, and the citizen dies or loses the capacity to act;

(3) The legal person or other organization is terminated in accordance with law;

(D) the administrative license has been revoked or withdrawn in accordance with law, or the administrative license has been revoked in accordance with law;

(5) The administrative licensing matters cannot be implemented due to force majeure;

(6) Other circumstances provided for by laws and regulations that shall cancel the administrative license.

Article 72 of the Administrative Licensing Law of the People's Republic of China: Where an administrative organ or its staff violates the provisions of this Law in any of the following circumstances, the administrative organ at a higher level or the supervisory organ shall order corrections;

(A) meet the statutory requirements of the administrative license application is not accepted;

(2) Not displaying materials that shall be displayed in accordance with law in the office space;

(C) in the process of accepting, reviewing, and deciding on administrative licensing, failure to perform statutory notification obligations to applicants and interested parties;

(4) The application materials submitted by the applicant are incomplete and do not conform to the statutory form, and the applicant is not informed of all the contents that must be supplemented and corrected at one time;

(5) Illegally disclosing commercial secrets, undisclosed information, or confidential commercial information submitted by the applicant;

(6) Using the transfer of technology as a condition for obtaining an administrative license, or directly or indirectly requesting the transfer of technology in the process of implementing an administrative license;

(G) failure to explain the reasons for not accepting an application for an administrative license or not granting an administrative license in accordance with law;

(8) Where a hearing should be held in accordance with law, but a hearing is not held.

　　　　　　　　　　　　　　　　　　　　　　　　　　　Daqing Municipal Public Security Bureau Honggang Branch Xuan