中国人民银行行政许可实施办法

中国人民银行令[2004]第3号

颁布日期：20040913 　实施日期：20041101 　颁布单位：中国人民银行

　　Order of the People's Bank of China

　　[2004] No. 3

　　In accordance with the Administrative Licensing Law of the People's Republic of China， the Law of the People's Republic of China on the People's Bank of China and other relevant laws and regulations， the Measures for the Implementation of the Administrative Licensing by the People's Bank of China， which were formulated by the People's Bank of China and adopted at the executive meeting of presidents， are hereby promulgated and shall come into force as of November 1， 2004.

　　President， Zhou Xiao chuan

　　September 13， 2004

　　Measures for the Implementation of the Administrative Licensing by the People's Bank of China

　　Chapter I General Provisions

　　Article 1 With the view of regulating the acts of the People's Bank of China （hereinafter referred to as the PBC） and its branch institutions in implementing administrative licensing and protecting the lawful rights and interests of the citizens， legal persons and other organizations， the present Measures are formulated pursuant to the Administrative License Law of the People's Republic of China and the Law of the People's Republic of China on the People's Bank of China.

　　Article 2 The term “administrative licensing” as mentioned in the present Measures refers to that the PBC and its branch institutions， according to the applications filed by the citizens， legal persons or other organizations， allow these citizens， legal persons and other organizations to engage in special activities after having examined their applications pursuant to law.

　　Article 3 The present Measures shall be applicable to the implementation of administrative licensing by the PBC and its branch institutions.

　　The present Measures are inapplicable to the examination and approval of the personnel， finance and foreign affairs of the public institutions directly subject to the management the People's Bank of China.

　　Article 4 The PBC and its branch institutions shall follow the principle of openness， fairness， impartiality， facilitating the people and high efficiency in the implementation of administrative licensing.

　　Article 5 The PBC and its branch institutions shall accord with the statutory functions， scope， conditions and procedures in the implementation of administrative licensing.

　　The implementation of administrative licensing by the PBC and its branch institutions shall be based on the laws， administrative regulations and decisions of the State Council.

　　Within the scope of administrative licensing items as provided in the laws， regulations or decisions of the State Council， the PBC may formulate specific rules on the implementation of administrative licensing. But these rules shall not create any new administrative licensing item， nor may they insert any additional condition in violation of the laws， administrative regulations and decisions of the State Council.

　　Article 6 The rules formulated by the PBC on the implementation of administrative licensing shall be promulgated. If any rule is not promulgated， it shall not become the basis for the implementation of administrative licensing.

　　The conditions， procedure， time limit and results of the implementation of administrative licensing by the PBC and its branch institutions shall be publicized except that they involve any state secret， commercial secret or personal privacy.

　　The applicants， who meet the statutory conditions or standard， shall have equal right to obtain administrative license according to law. None of them may be discriminated by the PBC and its branch institutions.

　　Article 7 The citizens， juridical persons or other organizations shall be entitled to make a statement and argument for the administrative licensing implemented

by the PBC and its branch institutions and to apply for administrative reconsideration or institute an administrative lawsuit pursuant to the law.

　　If the legitimate rights and interests of a citizen， juridical person or any other organization are impaired due to the implementation of administrative licensing by the PBC or any of its branch institutions， he （it） shall be entitled to claim for compensation in accordance with the law.

　　Article 8 The administrative licensing lawfully granted by the PBC and its branch institutions to the citizens， legal persons or other organizations is protected by law. The PBC and its branch institutions shall not change an effective administrative licensing without permission.

　　Where any law， administrative regulation or rule， on which the permission of administrative licensing is based， is amended or abolished or the objective circumstances that the administrative licensing is pursuant to changes greatly， the PBC and its branch institutions may modify or revoke the effective administrative licensing according to law for the sake of public interests and shall accordingly compensate the loss of property of a citizen， juridical person or any other institution.

　　Article 9 The functional departments of the PBC and its branch institutions shall be responsible for handling the administrative licensing within the purview of their operation powers.

　　The departments of legal affairs of the PBC and its branch institutions shall be responsible for the hearing and supervision of administrative licensing.

　　Article 10 The PBC and its branch institutions shall establish a sound supervision and inspection system for the implementation of administrative licensing.

　　The PBC and its branch institutions shall conduct effective supervision over the administrative licensing activities of the licensed persons.

　　Article 11 When implementing administrative licensing， the PBC or any of its branch institutions shall not bring forward any improper requirements such as requiring an applicant to purchase designated commodity， accepting paid service and etc.

　　When handling an administrative licensing item， any of the functionaries of the PBC and its branch institutions shall not extort or accept the property of any other person and not seek other private interests.

　　Chapter II Implementation Organs of Administrative Licensing

　　Article 12 The PBC shall implement the administrative licensing pursuant to law within the statutory limits of its functions and powers.

　　The branch institutions of the PBC shall implement the administrative licensing in accordance with the law within the scope of powers authorized by the PBC.

　　Article 13 The PBC may， within the statutory limits of its functions and powers， authorize other administrative organs to implement administrative licensing according to laws， administrative regulations and rules.

　　The branch institutions of the PBC shall not authorize any other administrative organ to implement the administrative licensing.

　　Where the PBC authorizes other administrative organs to implement administrative licensing， it shall declare the authorized administrative organs and the items under administrative licensing， supervise the implementation of administrative licensing of the administrative organs and bear the legal liability therefore.

　　An authorized administrative organ shall implement the administrative licensing on behalf of the PBC within the limits of authorized functions and powers. It shall not entrust any other organization or individual to implement the administrative licensing.

　　Chapter III Procedures for the Implementation of Administrative Licensing

　　Section 1 Application and Acceptance

　　Article 14 Where a citizen， juridical person or any other organization engages in special activities and has obtained the admin

istrative licensing of the PBC or its branch institution， he （it） shall file an application thereto.

　　When applying for administrative licensing， the applicant shall submit the application materials to the General Office of the PBC or offices of the branch institutions of the PBC that shall transfer them to the bank's （branch institution's） functional department undertaking the administrative licensing items on the same day when it receives them. Where an applicant directly submits the application materials to the bank's （branch institution's） functional department undertaking the administrative licensing items， it shall make up the formalities for handling the documents with the General Office or offices as it handles the administrative licensing matters. Where the functional department receives any application materials beyond its scope of administrative licensing items， it shall transfer them to the General Office or offices on the same day when it receives them and the General Office or offices shall transfer them to the competent functional department on the same day when it receives them.

　　An applicant may entrust an agent to file an administrative licensing application unless the applicant is required to file an administrative licensing application to the office of the PBC or of its branch institutions according to law.

　　Where an applicant entrusts an agent to file an application， he （it） shall provide the identification certificates and power of attorneys of the consigners and the agent.

　　An administrative licensing application may be submitted by means of letter， telegraph， telex， fax， electronic data interchange or email.

　　Article 15 The functional departments undertaking the administrative licensing items of the PBC and its branch institutions shall be responsibl

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