中国人民银行行政许可实施办法

e for accepting the administrative licensing applications.

　　As respect to applications of administrative licensing items that are subject to the examination of an inferior institution of the People's Bank before it is reported to a superior institution for making a decision， the inferior department with the examination function shall accept the applications.

　　Where the administrative licensing items shall be handled by several functional departments， the General Office or offices shall decide to let one of them accept the applications uniformly.

　　Article 16 The functional departments undertaking the administrative licensing items of the PBC and its branch institutions shall， in its office， display the licensing items， the basis， conditions， quantity， procedures， time limit， contents of the complete set of materials that shall be submitted， and the model text of the application form. If possible， it may publish them on the internet or newspapers and periodicals.

　　Where the functional department is requested by an applicant to account for or to explain the publicized items， it shall do so by offering him （it） exact and credible information.

　　Where the format text of an application form is required， PBC and its branch institutions shall provide the applicants with the format text of an administrative licensing application. The format text of an application form shall not contain any content that has no direct relationship with the licensing items applied for.

　　Article 17 Where a citizen， juridical person or any other organization applies to the PBC or its branch institutions for administrative licensing， it shall submit pertinent materials and true information about his （its） situation according to the facts and shall be liable for the authenticity of the substantial content of the application materials.

　　Article 18 The PBC or its branch institutions shall handle the administrative licensing applications put forward by applicants differently according to the following circumstances：

　　（1） Where the item applied for has no use for administrative li

censing in accordance with the law， it shall inform the applicant of the rejection immediately；

　　（2） Where the item applied for does not fall within the limits of functions and powers of the PBC， it shall make a decision of rejection immediately and inform the applicant to file an application to the competent administrative organ；

　　（3） Where the item applied for falls within the limits of functions and powers of the PBC but isn't subject to the acceptance of institutions at this level， it shall immediately make an explanation to the applicant and inform him （it） to file an application to the competent administrative organ；

　　（4） Where the errors in the application materials can be corrected on the spot， the applicant shall be permitted to correct them on the spot；

　　（5） Where the application materials are incomplete or inconsistent with the statutory form， it shall inform the applicant the whole contents that need to be supplemented or corrected on the spot or once within 5 days. Where it fails to do so within the time limit， the day when the application materials are received shall be considered as the acceptance day；

　　（6） Where the item applied for falls within the limits of functions and powers of the PBC and the application materials are complete and in consistency with the statutory form， or the applicant has supplemented and corrected all the items as required， the application for administrative license shall be accepted.

　　Where the PBC or its branch institution accepts， rejects， dismisses the application or requests the application to make correction and supplement of application materials as mentioned in the preceding paragraph， it shall issue a written notice bearing the seal of this bank or the seal for the exclusive use of administrative licensing， and a clear indication of the date.

　　Section 2 Examination and Decision

　　Article 19 The functional department undertaking administrative licensing items of the PBC or of its branch institutions shall examine the application materials submitted by an applicant.

　　Where the application materials are complete and accord with the statutory form， and if it is able to confirm on the spot according to relevant provisions that the items applied for shall be approved， the functional department undertaking the administrative licensing items shall make a written administrative licensing decision on the spot， and make and issue an administrative license pursuant to relevant provisions

　　Where it is necessary to verify the substantial content of the application materials in pursuance to the statutory conditions and procedures， the functional department undertaking the administrative licensing items shall assign 2 or more personnel to do so.

　　Article 20 Where the administrative licensing items shall be subject to the examination of an inferior institution of the PBC before it is reported and submitted to the superior institution， the inferior institution shall submit its preliminary examination opinions and the complete set of application materials directly to the superior institution.

　　When examining the administrative licensing items， the superior shall not demand the applicant to provide any application material repeatedly.

　　Article 21 Where the functional department responsible for undertaking the administrative licensing items of the PBC or its branch institutions， when examining an administrative license application， finds that any party has important direct interests to the matters under the administrative license， it shall inform the interested party.

　　The applicant or the interested party shall be entitled to make a statement or argument and shall submit his （its） statement or argument opinions within 3 days from the date when they are informed of the circumstance. If the statement or argument is made orally， the functional department undertaking the admini

strative licensing items shall make well transcripts and have them signed by the person who makes the statement or argument for confirmation.

　　The PBC or its branch institutions shall hear the opinions of the applicant or the interested party.

　　Article 22 After the functional department responsible for undertaking administrative licensing items of the PBC or its branch institutions has completed the examination over an administrative licensing application， it shall handle it respectively pursuant to the following circumstances：

　　（1） Where the application meets the statutory conditions or standards and is decided to grant an administrative license， it shall make a decision of approval of the administrative license；

　　（2） Where the application doesn't meet the statutory conditions or standards， and it is decided not to grant an administrative license， it shall make a decision of disapproval of administrative licensing. In the decision it shall make an explanation of the disapproval of the administrative license and shall inform the applicant of the right to apply for administrative reconsideration or to lodge an administrative lawsuit according to law.

　　Article 23 The functional department responsible for undertaking the administrative licensing items of the PBC or of its branch institutions shall submit the decision of approval or disapproval of the administrative license to the president （director） or the executive deputy president of this bank for examination and approval unless the administrative licensing is approved and a certificate thereof is made and issued on the spot.

　　The decision of approval or disapproval of the administrative license shall bear the seal of this bank and a clear indication of the date after being approved by the president （director） or the executive deputy president of this bank.

　　Article 24 Where the PBC or its branch institution makes a decision of approval of administrative licensing and it is necessary to issue an administrative license according to laws， administrative regulations and rules of the PBC， it shall issue the applicant an administrative license bearing the seal of the bank.

　　Article 25 The decision of approval of the administrative licensing made by the PBC or its branch institutions shall be publicized and the general public shall be entitled to consult them.

　　Article 26 Where the application scope of the administrative licensing lawfully implemented by the PBC and its branch institutions is subject to no geographical limits， the administrative license obtained by the applicant shall be effective nationwide.

　　Article 27 With respect to the administrative licensing subject to quantitative restriction， where 2 or more applicants of it meet the statutory conditions and standards， the PBC or its branch institutions shall decide to approve the administrative licensing according to the sequence of accepting the applications for the administrative licensing. However， if it is otherwise prescribed in the laws and regulations， the latter shall prevail.

　　When granting a special qualification to the juridical persons or other organizations， the PBC and its branch institutions shall make decisions of administrative licensing according to the evaluation result in aspects of the structure of professionals of the applicants， technical conditions， business performance and management level. However， if it is otherwise prescribed in the laws and regulations， the latter shall prevail.

　　Section 3 Time Limit and Service

　　Article 28 Except that a decision of administrative licensing can be made on the spot， the P

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