中国人民银行行政许可实施办法
2009-03-24 法律英语 来源：互联网 作者： ℃irector） or deputy president （director） of the bank， and the reasons for extension shall be informed to the applicant. However， if it is otherwise prescribed in laws or administrative regulations， the latter shall prevail.
Article 29 Where an administrative licensing shall be subject to the examination of an inferior institution of the PBC before it is submitted to its superior institution for decision， the inferior institution shall complete the examination within 20 days after it accepts the application， and shall submit the preliminary examination opinions and application materials to the superior institution.
The superior institution shall decide whether or not to approval the administrative licensing within 20 days after it receives the application materials and the preliminary examination opinions submitted by the inferior institution.
However， if it is otherwise prescribed in laws or administrative regulations， the latter shall prevail.
Article 30 Where the PBC or its branch institution makes a decision of administrative licensing and it is necessary for them to hold a hearing pursuant to law， the time for hearing shall not be included in the time limit as provided in this Section； and it shall inform the applicant of the hearing time in written form.
Article 31 The PBC or its branch institutions shall serve the notice of acceptance， rejection， dismissal or demand to make supplements or corrections to the application materials to the party concerned within 5 days after it receives the application materials， except that the notice shall be made in time.
Article 32 Where the PBC or its branch institution decides to approve the administrative licensing， it shall， serve a written decision of approval of the administrative licensing or an administrative license to the applicant within 10 days after it makes a decision.
Where the PBC or its branch institution decides to disapprove an administrative license， it shall serve a written decision of disapproval of the administrative license to the applicant within 10 days after it makes a decision.
The PBC or its branch institution shall， under relevant provisions of the Civil Procedural Law， determine the way of serving the administrative license or decision as mentioned in the preceding Paragraphs.
Section 4 Hearing
Article 33 For matters that are subject to hearing as prescribed in any law， regulation or rule of the PBC on the implementation of administrative licensing， other administrative licensing matters of great importance to the public interests that the PBC or its branch institution considers it necessary to hold a hearing， the PBC or its branch institution shall announce them to the general public and hold a hearing of witnesses.
Article 34 Where an administrative license directly relates to the important interests between the applicant and others the functional department undertaking the administrative licensing items shall inform the applicant and the interested party of the right to request a hearing of witnesses before the PBC or its branch institution makes a decision of administrative licensing. Where the applicant or the interested party files an application for hearing of witnesses within 5 days after he （it） is informed of the aforesaid right， the PBC or its branch institutions shall organize a hearing within 20 days.
The applicant or the interested party shall not pay the expenses of organizing the hearing by the PBC or its branch institutions.
Article 35 The hearing shall be organized by following the procedures below：
（1） The functional department responsible for undertaking administrative licensing items of the PBC or its branch institutions shall， not later than 7 days before the hearing is held， inform the applicant and the interested party of the date and place of hearing， or make an announcement if necessary.
> （2） The hearing shall be held openly.
（3） The hearing shall be presided by a person working in the legal affairs department of the PBC or its branch institutions or by a person working in a department other than the one undertaking the administrative licensing items as designated by the president （director） or deputy president （deputy director） of the bank；
Where the applicant or the interested party believes that the presiding hearer is of direct interests to the administrative licensing item， he （it） shall be entitled to apply for the withdrawal of the presiding hearer. Whether the presiding hearer should withdraw or not shall be decided by the president （director） or executive deputy president （deputy director） of this bank.
（4） In the course of hearing， the functional department undertaking the administrative licensing items shall provide the proofs or reasons for making the examination opinions. The applicant and the interested party may advance proofs and make arguments and cross-examination.
（5） The presiding hearer shall designate a special person to put down things about the hearing in writing. The notes shall include the hearing date， place， attendees， matters and opinions of the parties concerned.
The notes of hearing shall be confirmed and bear the signature or seal of the parties concerned. If any party concerned refuses to do so， the circumstance shall be noted down and be testified by other attendees with their signatures or seals.
（6） After the end of the hearing， the presiding hearer shall hand the hearing notes and the proofs obtained in the hearing to the functional department undertaking the administrative licensing items which shall make a decision of approval or disapproval of administrative licensing according to the hearing notes and handle the administrative license application in accordance with Articles 22 and 23 of the present Measures.
Section 5 Modification and Extension
Article 36 Where a licensee requests for modifying the administrative licensing items， he shall file an application to the PBC or any of its branch institution that has made decision on the administrative licensing. If it meets the statutory conditions and standards， the PBC or its branch institutions shall go through the modification procedures in accordance with law.
Article 37 Where a licensee needs to extend the period of validity of the administrative license， he shall file an application with the PBC or its branch institution that has made decision on the administrative licensing 30 days prior to the expiry of the period of validity of this administrative license. However， if it is otherwise prescribed in any law， regulation or rule， the latter shall prevail.
The PBC or its branch institutions shall， in light of the application filed by a licensee， decide whether or not to approve the extension prior to the expiry of the period of validity of this administrative license； if it fails to make a decision within the time limit， it shall be deemed that the extension has been approved.
Chapter IV Costs of Administrative Licensing
Article 38 When implementing the administrative licensing and conducting supervision and inspection on the licensing items， the PBC and its branch institutions shall not charge any expense for that. However， if it is otherwise prescribed in any law or administrative regulation， the latter shall prevail.
When offering a format text of the application form of administrative licensing， the PBC and its branch institutions shall not charge anything for that.
Article 39 Where the PBC and its branch institutions charge fees in accordance with the laws and administrative regulations in the implementation of administrative licensing， they shall do so pursuant to the announced statutory items and standards. They shall uniformly combine the fees collected into an account and
turn them over to the state treasury entirely. No one may retain， misappropriate， privately divide or privately divide in a disguised form the aforesaid fees.
Chapter V Supervision and Inspection
Article 40 The functional department undertaking the administrative licensing items of the PBC or its branch institutions shall record the administrative licensing items basis， examination opinions， handling results and time limits handled by it and shall send a copy to its legal affairs department each quarter.
Article 41 The person in charge of the functional department undertaking the administrative licensing items of the PBC or its branch institutions shall irregularly inspect the administrative licensing matters handled by the department at least twice a year.
The legal affairs department of the PBC or its branch institutions shall supervise and inspect the administrative licensing matters handled by this bank. If it finds any problem in the inspection， it shall demand the undertaking department to make corrections in time and shall report it to the president （director） or executive deputy president （deputy director） of this bank.
Article 42 The legal affairs department of a branch institution of the PBC shall make annual analysis of the information on the implementation of administrative licensing within its jurisdictional area and shall submit a report to the superior legal affairs department. The report shall cover the administrative licensing categories， quantity， re
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