中国保险监督管理委员会行政许可实施办法 Implementation Measures for Administrative Licensing Of the China Insurance Regu

opinions of the applicant and the interested parties.

　　Article 18

　　If an applicant submits supplement materials after an accepting institution accepts the application and before an administrative licensing decision is made， the administrative licensing time shall be recalculated， starting from the date of the accepting institution receiving the supplement materials.

　　Article 19

　　If an applicant wants to withdraw the administrative licensing application after it is accepted and before a licensing decision is made， he/she shall submit a written application for withdrawal to the accepting institution. The CIRC or its local offices shall terminate the examination of the administrative licensing application in time and return the application materials to the applicant.

　　Article 20

　　A local agency authorized or entrusted by the CIRC to conduct preliminary examination of applicants' administrative licensing applications， shall also be authorized or entrusted to accept administrative licensing applications and to serve licensing decisions and certificates uniformly.

　　The local agency shall finish preliminary examination within the legal time limit and submit the preliminary examination opinion and the application materials to the CIRC. The CIRC shall not require the applicant to submit application materials separately.

　　Article 21

　　If the CIRC authorizes or entrusts its local offices to implement administrative licensing， the legal time limit of administrative licensing shall not be prolonged.

　　Article 22

　　If an applicant's application complies with legal conditions and standards， the CIRC or its local offices shall make a decision in writing to grant an administrative license. If the CIRC or its local offices makes a decision in writing to grant no administrative license according to law， it shall explain the reason and inform the applicant of the right to apply for administrative reconsideration or start administrative proceedings in accordance with law.

　　The CIRC or its local offices shall make the decision to or not to grant an administrative license in the legal time l

imit.

　　Article 23

　　If the CIRC or its local offices makes a decision to grant an administrative license and an insurance licensing certificate needs to be issued， it shall issue an insurance licensing certificate with the seal of the CIRC to the applicant.

　　Article 24

　　Administrative licensing decisions and insurance licensing certificates made by the CIRC or its local offices shall be uniformly served by the accepting institutions.

　　The decision to grant administrative licensing shall be served to the applicant by the accepting institution within 10 days from the day when the decision is made. If the CIRC or its local offices make the decision to grant an administrative license and an insurance licensing certificate needs to be issued， the insurance licensing certificate shall be served to the applicant by the accepting institution within 10 days from the day when the decision is made.

　　Time en route shall not be calculated in the above-mentioned period.

　　Article 25

　　Administrative licensing decisions and insurance licensing certificates shall be served directly by accepting institutions. If there is any difficulty in direct service， they may be served by post.

　　For direct service by an accepting institution， a receipt is necessary and the applicant shall date and sign or stamp on it. For service by post， an accepting institution must keep the postal certificate. The indicated date of receipt on the postal certificate shall be the date of service.

　　Article 26

　　If an administrative licensing decision cannot not be served directly or by post by an accepting institution， it shall be served by public announcement.

　　In case of serving an administrative licensing decision by public announcement， an accepting institution shall announce the decision in the CIRC's official website or newspapers. 60 days after the day of the announcement， the decision shall be regarded as having been served.

　　Article 27

　　The CIRC or its local offices shall publicize an administrative licensing decision on the CIRC proclamations or its official website.

　　Article 28

　　If a licensee requests an alteration of administrative licensing items， the licensee shall submit an application to the institution making the administrative licensing decision. If the application complies with legal conditions， the CIRC or its local offices shall go through the procedures of alteration according to law.

　　The CIRC and its local offices shall complete the procedures of alteration within the legal time limit.

　　Article 29

　　In case any regulation or normative document enacted by the CIRC for the implementation of administrative licensing is related to material public interests， the CIRC shall publicize it and convene a hearing.

　　Article 30

　　If administrative licensing is directly related to material interests between the applicant and others， the CIRC or its local offices shall inform the applicant and the interested parties of the right to request a hearing before making the administrative licensing decision； If the applicant or interested parties apply for a hearing within 5 days after they are informed of the right to request a hearing， the CIRC or its local offices shall organize a hearing within 20 days.

　　Article 31

　　The CIRC and its local offices shall gradually establish and perfect their supervisory system and assume the supervisory responsibilities by examining corresponding materials that reflect a licensee's activities in administrative licensing items.

　　When supervising and inspecting the licensee's activities in administrative licensing items， the CIRC and its local offices shall fill in record sheets， recording its supervision， inspection and the results of problem handling. Inspection officials shall sign and file them. The public has the right to read

the record sheets.

　　Article 32

　　The CIRC and its local offices shall divide their work according to their respective regulatory responsibilities and shall supervise licensees effectively.

　　The local offices shall effectively supervise licensees in the area under its jurisdiction.

　　If a licensee is engaged in an illegal activity in a place outside its registered locality， the local agency of the place where the illegal activity occurs shall be responsible for investigation and handling. The local agency in charge of investigation and handling shall send a copy of the licensee's illegal facts and the results of handling to the administrative institution making the administrative licensing decision and the local agency of the locality of the licensee.

　　Article 33

　　The CIRC shall strengthen the supervision and inspection of the implementation of administrative licensing of its local offices， and shall correct illegal activities in the implementation of administrative licensing.

　　Article 34

　　If any of the following cases occurs， the CIRC or its local offices may alter or withdraw a valid administrative license according to law.

　　1. Alteration or abolishment of the laws and regulations on which administrative licensing is based；

　　2. Adjustment of conditions or standards of administrative licensing in the regulations or normative documents of the CIRC；

　　3. Material change in objective conditions on which an administrative license is based；

　　4. The granting of an administrative license has a serious negative effect on the public interests or the development of the insurance sector.

　　5. The qualification and conditions of the applicant change materially and do not comply with the legal conditions or standards of administrative licensing.

　　Article 35

　　If any of the following cases occurs， the CIRC or its local offices shall go through the procedures of cancellation of an administrative license according to law：

　　1. An administrative license expires but has not been renewed；

　　2. A citizen who has been granted the specific qualification of the insurance sector is dead or lost capacity.

　　3. A legal person or organization who has been granted an administrative license is terminated according to law；

　　4. The revocation or withdrawal of an administrative license， or the revocation of administrative licensing qualification according to law；

　　5. An administrative licensing item cannot be implemented owing to force majeure.

　　Article 36

　　The time limit of the implementation of administrative licensing stipulated in these Measures shall be calculated in terms of working days， excluding legal holidays.

　　Article 37

　　These Measures shall be effective as of July 1， 2004

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