《行政许可法》word版

1、. Administrative Permission Law of the People's Republic of China (Adopted at the 4th Meeting of the Standing Committee of the Tenth National People's Congress on August 27, 2003 and promulgated by Order No.7 of the President of the People's Republic of China on August 27, 2003) Contents

2、 Chapter I General Provisions Chapter II Institution of the Procedure for Administrative Permission Chapter III Department Granting Administrative Permission Chapter IV Procedures for Granting Administrative Permission Section 1 Application and Acceptance Section 2 Examination and Decision Section 3

3、 Time Limit Section 4 Hearing Section 5 Alteration and Extension Section 6 Special Provisions Chapter V Fees for Administrative Permission Chapter VI Supervision and Inspection Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is e

4、nacted in accordance with the Constitution to standardize the institution of the procedure for, and the granting of, administrative permission, to protect the legitimate rights and interests of citizens, legal persons and other organizations, to safeguard public interests and maintain public order,

5、and to ensure and supervise the effective exercise of administration by administrative departments. Article 2 For purposes of this Law, administrative permission means approval given to citizens, legal persons and other organizations for engaging in special activities by administrative departments o

6、n the basis, and upon examination according to law, of their applications. Article 3 This Law is applicable to the institution of the procedure for, and the granting of, administrative permission. This Law is not applicable to the examination and approval by the relevant administrative departments o

7、f such matters as personnel, financial and foreign-related affairs of other departments or of the institutions directly under the administration of the said departments. Article 4 The procedure for administrative permission shall be instituted and administrative permission shall be granted in accord

8、ance with the statutory limits of power, scope, requirements and procedures. Article 5 The procedure for administrative permission shall be instituted and administrative permission shall be granted in adherence to the principles of openness, fairness and impartiality. Provisions on administrative pe

9、rmission shall be promulgated; and no provisions that are not promulgated shall be made the basis for the granting of administrative permission. The granting and outcome of administrative permission shall be publicized except where State secrets, business secrets and individual privacy are involved.

10、 The applicants who meet the statutory requirements and standards shall have the equal right to obtain administrative permission according to law, and administrative departments shall not discriminate against any of them. Article 6 Administrative permission shall be granted in adherence to the princ

11、iple of meeting the convenience of people with greater efficiency and fine service. Article 7 With regard to the granting of administrative permission by administrative departments, citizens, legal persons and other organizations shall have the right to make their statements and argue their cases; t

12、hey shall have the right, in accordance with law, to apply for administrative reconsideration or bring an administrative suit; and they shall have the right to demand compensation according to law if their legitimate rights and interests are damaged due to the unlawful granting of administrative per

13、mission by administrative departments. Article 8 Administrative permission obtained according to law by citizens, legal persons or other organizations shall be protected by law. No administrative departments shall, without authorization, change the administrative permission already in effect. Where

14、the laws, regulations or rules, on the basis of which administrative permission is granted, have been revised or abolished, or major charges have occurred in the objective circumstances, on the basis of which administrative permission is approved, administrative departments may, for the need of publ

15、ic interests and in accordance with law, alter or revoke the administrative permission already in effect. Where, as a consequence, losses are caused to the property of citizens, legal persons or other organizations, administrative departments shall make them compensations according to law. Article 9

16、 Administrative permission obtained according to law shall not be transferred except where laws and regulations provide that it may be transferred according to statutory requirements and procedures. Article 10 People's governments at or above the county level shall establish a sound system to su

17、pervise the granting of administrative permission by administrative departments and exercise strict supervision over and inspection of the granting of such permission by the said departments. Administrative departments shall carry out effective supervision over the activities engaged in by citizens,

18、 legal persons and other organizations, to which administrative permission is granted. Chapter II Institution of the Procedure for Administrative Permission Article 11 The procedure for administrative permission shall be instituted in adherence to the laws governing economic and social development a

19、nd for the benefit of bringing into full play the enthusiasm and initiative of citizens, legal persons and other organizations, safeguarding public interests, maintaining public order and promoting the harmonious development of the economy, society and the ecological environment. Article 12 The proc

20、edure for administrative permission may be instituted for the following matters: (1) matters relating to the special activities that directly involve State security, macro-economic control and protection of the ecological environment and that have a direct bearing on human health and the safety of p

21、eople's lives and property, which are subject to approval in accordance with the statutory requirements; (2) matters relating to the development and utilization of limited natural resources, the allocation of public resources as well as access to the market of the special trades that have a dire

22、ct bearing on public interests, etc., to which special rights need to be granted; (3) matters relating to the professions and trades that provide services to the public and that have a direct bearing on public interests, the qualifications and competence to be possessed by which, such as the special

23、 credibility, conditions and skills, need to be affirmed; (4) matters relating to the important equipment, facilities, products and articles that have a direct bearing on public security, human health, and the safety of people's lives and property, which need to be verified by means of inspectio

24、n, test, quarantine, etc. and in accordance with technical standards and specifications; (5) matters relating to the establishment of an enterprise or other organization, the capacity of which as a subject needs to be affirmed; and (6) other matters for which the procedure for administrative permiss

25、ion may be instituted, as provided for by laws and administrative regulations. Article 13 For the matters specified in Article 12 of this Law which can be regulated by the following means, institution of the procedure for administrative permission may be exempted: (1) matters on which citizens, lega

26、l persons and other organizations can make decisions themselves; (2) matters which can effectively be regulated by the competitive mechanism of the market; (3) matters which the organizations of trades or intermediary bodies can manage through self-discipline; and (4) matters which administrative de

27、partments can solve by other administrative means such as supervision afterwards. Article 14 With respect to the matters specified in Article 12 of this Law, the procedure for administrative permission may be instituted by law. Where such a law is not enacted, it may be instituted by administrative

28、regulations. When necessary, the State Council may institute the procedure for administrative permission by means of promulgating decisions. After implementation of such decisions, the State Council shall, except for matters to which provisional administrative permission is granted, without delay re

29、quest the National People's Congress or its Standing Committee to enact laws, or formulate administrative regulations itself. Article 15 Where laws or administrative regulations on the matters specified in Article 12 of this Law are not formulated, the procedure for administrative permission for

30、 them may be instituted by local regulations; where neither laws and administrative regulations nor local regulations are formulated, and where it is really necessary for administrative permission to be granted directly for the need of administration, the people's governments of provinces, auton

31、omous regions, and municipalities directly under the Central Government may institute provisional procedure for administrative permission in the form of rules. Where it is necessary to continue granting such provisional administrative permission at the expiration of a whole year, the said government

32、s shall request the people's congresses or their standing committees at the corresponding levels to formulate local regulations. No procedure for administrative permission in respect of the qualifications and competence of citizens, legal persons and other organizations, which are to be affirmed

33、 by the State in a unified manner, may be instituted in the form of local regulations or rules of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government; nor shall the procedure for administrative permission in respect of the setting u

34、p and registration of enterprises and other organizations or administrative permission prior to their setting up and registration be instituted by the said governments in the said form. The procedure for administrative permission instituted by them shall not restrict the individuals or enterprises o

35、f other regions from engaging in production and business operation and providing services in the local areas, and shall not restrict the commodities of other regions from entering the local markets. Article 16 Within the scope of the matters for which the procedure for administrative permission is i

36、nstituted by law, specific provisions on the granting of such permission may be formulated in administrative regulations. Within the scope of the matters for which the procedure for administrative permission is instituted by law or administrative regulations, specific provisions on the granting of s

37、uch permission may be formulated in local regulations. Within the scope of the matters for which the procedure for administrative permission is instituted by superordinate laws, specific provisions on the granting of such permission may be formulated in rules. Additional procedure for administrative

38、 permission shall not be instituted in the specific provisions formulated in the regulations and rules for the granting of administrative permission for which the procedure is instituted by superordinate laws; and other requirements in violation of the superordinate laws shall not be added in the sp

39、ecific provisions on the requirements of administrative permission. Article 17 With the exception of what is provided for in Articles 14 and 15 of this Law, no procedure for administrative permission shall be instituted in any other standardizing documents. Article 18 When the procedure for administ

40、rative permission is instituted, provisions on the departments, requirements, procedures and time limit for the granting of such permission shall be formulated. Article 19 Where, when drafting laws or regulations or when drafting rules of the people's governments of provinces, autonomous regions

41、, and municipalities directly under the Central Government, the drafting unit plans to institute the procedure for administrative permission, it shall solicit opinions by holding hearings or evaluation meetings or by other means, and shall explain to the formulating departments about the necessity f

42、or instituting the same, the impact it may possibly make on the economy and society as well as the opinions it has solicited and adopted. Article 20 The department that institutes the procedure for administrative permission shall regularly make appraisal of the procedure instituted; and where it bel

43、ieves that matters can be solved by the means specified in Article 13 of this Law, it shall, without delay, revise or nullify the provisions on the institution of the same. The department granting administrative permission may, when it thinks fit, make an appraisal of the granting of the administrat

44、ive permission for which the procedure is already instituted and of the necessity of its existence, and report their comments and suggestions to the department that institutes the procedure for administrative permission. Citizens, legal persons and other organizations may put forth their comments an

45、d suggestions regarding the institution of the procedure for, and the granting of, administrative permission to the departments that institute the procedure and grant the permission. Article 21 Where the people's governments of provinces, autonomous regions, and municipalities directly under the

46、 Central Government, in light of the economic and social development in their respective administrative regions, believe that the economic matters for which the procedure for administrative permission is instituted in their administrative regulations can be solved by the means specified in Article 1

47、3 of this Law, they may, upon approval by the State Council, cease granting such permission within their own administrative regions. Chapter III Department Granting Administrative Permission Article 22 Administrative permission shall be granted by an administrative department with the power of grant

48、ing such permission within the limits of its statutory functions and powers. Article 23 An organization with the functions of administering public affairs conferred by laws and regulations shall grant administrative permission in its own name and within the limits of the statutory powers. The provis

49、ions on administrative departments in this Law shall be applicable to such an empowered organization. Article 24 An administrative department may, within the limits of its statutory functions and powers and in accordance with the provisions of laws, regulations and rules, entrust another administrat

50、ive department with the granting of administrative permission. The entrusting department shall publicize the entrusted administrative department and the matters subject to the entrusted granting of administrative permission. The entrusting administrative department shall be in charge of supervision

51、over the granting of administrative permission by the entrusted administrative department, and shall bear legal responsibility for the consequences of such granting. The entrusted administrative department shall, within the limits of the entrustment and in the name of the entrusting administrative d

52、epartment, grant administrative permission; it shall not entrust another organization or individual with the granting of administrative permission. Article 25 Upon approval by the State Council, the people's government of a province, autonomous region or municipality directly under the Central G

53、overnment may, on the principles of simplification, uniformity and efficiency, decide to let one administrative department exercise the power of administrative permission which is exercised by relevant administrative departments. Article 26 Where matters of administrative permission need to be handl

54、ed by more than one institution within an administrative department, the said department shall decide on one of the institutions for accepting applications for administrative permission and for serving the decisions on such permission itself. Where administrative permission is granted separately by

55、more than two departments of a local people's government according to law, the government may decide on one of the departments for accepting applications for administrative permission and for handling them itself after the relevant departments are informed of the matter and after they respective

56、ly put forth their opinions, or have the relevant departments to handle them jointly or in a concentrated way. Article 27 In granting administrative permission, the administrative department shall not make the applicants such unjustifiable requests as to purchase goods it designates and to accept pa

57、id service. In handling matters of administrative permission, the staff members of administrative departments shall not ask the applicants for money or things of value, accept or receive the same, or seek other benefits. Article 28 The inspection, test and quarantine of the equipment, facilities, pr

58、oducts and goods that have a direct bearing on public security, human health and the safety of people's lives and property shall, except where laws and administrative regulations provide that they be conducted be administrative departments, gradually be carried out by professional and technical organizations that meet the statutory requirements. The professional and technical organizations and their staff members concerned shall bear legal responsibility for the conclusions they draw from inspection, test and quarantine. Chapter IV Procedures for Granting