中国人民银行行政许可实施办法

sults （including approval or disapproval of administrative licensing）， records， supervision and inspection， existing problems proposals and etc……

　　Article 43 The functional department undertaking the administrative licensing items of the inferior institution of the PBC shall report and submit the information on the implementation of administrative licensing to the like functional department of the superior institution for archival purposes.

　　The superior institution shall conduct supervision and inspection over the implementation of administrative licensing by the inferior institutions and shall rectify the illegal actions thereof.

　　Article 44 The PBC and its branch institutions shall establish a sound system to supervise the licensees' activities under administrative licensing， and shall perform its supervisory responsibilities by verifying and reflecting the relevant materials that display the information on licensees' activities under administrative licensing.

　　When the PBC or anyone of its branch institution conducts supervision and inspection over a licensee's activities under administrative licensing according to law， it may consult or demand the licensee to report and submit relevant materials pursuant to the law. The licensee shall faithfully offer pertinent information and materials.

　　The functional department undertaking the administrative licensing items of the PBC or its branch institutions shall note down the information on the supervision and inspection and the handling result and shall transfer the notes to the archival department with the signatures of the supervisors or inspectors.

　　The general public shall be entitled to consult the supervisory and inspecting notes as mentioned in the preceding paragraph.

　　Article 45 When conducting supervision or inspection， the PBC or its branch institutions shall not hamper normal business activities of the licensee.

　　Article 46 Where a licensee conducts an activity in violation of the matters under administrative licensing in a area outside the jurisdiction of the branch institution of the PBC that has made the approval decision of administrative licensing， the branch institution of the PBC located in the area where the illegal activity is conducted shall send a copy of the illegal facts and punishments to the branch institution of the PBC that has made the decision of approval of administ

rative licensing in accordance with the law.

　　Article 47 Where any individual or organization discovers any activity in violation of the matters under administrative licensing， it shall be entitled to inform the PBC or its branch institutions which shall verify and deal with such activity in time.

　　Article 48 The PBC or its branch institutions may， in light of its functions and powers or the request of the interested party， cancel decisions of administrative licensing made by this bank or its inferior institutions：

　　（1） The functionary of the PBC or anyone of its branch institution makes a decision of administrative licensing by abusing their authorities or neglecting their duties；

　　（2） It makes a decision of administrative licensing beyond its statutory authorities；

　　（3） It makes a decision of administrative licensing by violating the statutory procedures；

　　（4） It grants approval of administrative licensing to an applicant who doesn't have the application qualification or doesn't meet the statutory conditions； or

　　（5） Other circumstances under which the administrative license may be cancelled in accordance with laws， administrative regulations， or rules of the PBC.

　　Where a licensee obtains the administrative licensing through cheating， bribing or any other illegal methods， such administrative license shall be annulled by the PBC or its branch institution that has made this decision of administrative licensing.

　　Where the annulment of an administrative license pursuant to the preceding two paragraphs may seriously impair the public interests， it shall not be annulled.

　　Where the annulment of an administrative license pursuant to the first paragraph of this Article has impaired the legitimate rights and interests of the licensee， the PBC or its branch institutions shall compensate for it according to law. Where an administrative license is annulled under the second paragraph of this Article， the interests obtained by the licensee on the basis of this administrative license will not be protected.

　　Article 49 The PBC or its branch institutions shall go through according to law the formalities for canceling the administrative licensing under any of the following circumstances：

　　（1） The period of validity of an administrative license hasn't been extended at the expiry of it；

　　（2） An administrative license grants a citizen special qualification， but the citizen is dead or loses his capacity for conduct；

　　（3） A juridical person or any other institution is terminated according to law；

　　（4） An administrative license is annulled or withdrawn， or the certificate for administrative license is revoked pursuant to law；

　　（5） The matters under administrative licensing are unable to be implemented due to force majeure；

　　（6） Other circumstances specified by the laws and regulations in which the administrative licenses shall be canceled.

　　Article 50 Where the PBC or anyone of its branch institution revokes or cancels an administrative license in accordance with the law， it shall make an announcement and the general public shall be entitled to consult it.

　　Chapter VI Supplementary Provisions

　　Article 51 Time limits as provided in the present Measures for the implementation of administrative licensing by the PBC and its branch institutions shall be computed on the basis of working days， excluding the legal holidays.

　　Article 52 The present Measures shall not be applied to the implementation of administrative licensing by the State Administration of Foreign Exchange and its branch institutions.

　　Article 53 The present Measures shall come into effect as of November 1， 2004.

　　Where any provision on the implementation of administrative licensing by the PBC and its branch institutions promulgated before the present Measures is inconsistent with the

present Measures， the implementation thereof shall be stopped from the day when the present Measures come into effect

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