Administrative permission Law of the peoples Republic of China 中华人民共和国行政许可法

（Adopted at the 4th Meeting of the standing Committee of the Tenth National people's Congress on August 27，2003）

颁布日期：20030827 　实施日期：20040701 　颁布单位：全国人大常委会

　　Order of the president of the people's Republic of china NO 7

　　The Administrative Permission Law of the people's Republic of China， adopted at the 4th Meeting of the Standing Committee of the Tenth National people's Congress of the people's Republic of China on August 27， 2003， is hereby promulgated and shall into effect as of July 1，2004

　　Hu Jintao president of the people's Republic of china August 27 2003

　　Contents

　　Chapter I General provisions

　　Chapter II Institution of the procedure for Administrative permission

　　Chapter III Department Granting Administrative permission

　　Chapter IV procedures for Granting Administrative permission

　　Section 1 application and acceptance

　　Section 2 Examination and Decision

　　Section 3 Time Limit

　　Section 4 Hearing

　　Section 5 Alteration and Extension

　　Section 6 special provisions

　　Chapter V Fees for Administrative permission

　　Chapter VI Supervision and Inspection

　　Chapter VII Legal Responsibility

　　Chapter VIII supplementary provisions

　　Chapter I

　　General provisions

　　Article 1 This Law is enacted in accordance with Constitution to standardize the institution of the procedure for， and the granting of， administrative permission， to protect the legitimate rights and interests of citizens， legal persons and other organizations， to safeguard public interests and maintain public order， and to ensure and supervise the effective exercise of administration by administrative departments.

　　Article 2 For purposes of this Law， administrative permission means approval given to citizens， legal persons and other organizations for engaging in special activities by administrative departments on the basis， and upon examination according to law， of their applications.

　　Article 3 This Law is applicable to the institution of the procedure for， and the granting of， administrative permission.

　　This law is not applicable to the examination and approval by the relevant administrative departments of such matters as personnel， Financial and foreign-related affairs of other departments or the institutions directly under the administration of the said departments.

　　Article 4 The procedure for administrative permission shall be instituted and administrative permission shall be granted in accordance with the statutory limits of poser， requirements and procedures.

　　Article 5 The procedure for administrative permission shall be instituted and administrative permission shall be granted in adherence to the principles of openness， fairness and impartiality.

　　Provisions on administrative permission shall be promulgated and no provisions that are of not promulgated shall be made the basis for the granting of administrative permission. The granting and outcome of administrative permission shall be publicized except where state secrets， business secrets and individual privacy are involved.

　　The applicants who meet the statutory requirements and standards shall have the equal right to obtain administrative permission according to law， and administrative departments shall not discriminate against any of them

　　Article 6 Administrative permission shall be granted in adherence to the principle of meeting the principle of people with greater efficiency and fine service.

　　Article 7 With regard to the granting of administrative permission by administrative departments， citizens legal persons and other organizations shall have the right to make their statements and argue their cases； they shall have the right， in accordance with law， to apply for administrative reconsideration or

bring an administrative suit； and they shall have the right to demand compensation according to law if their legitimate rights and interests are damaged due to the unlawful granting of administrative permission by administrative departments.

　　Article 8 Administrative permission obtained according to law by citizens， legal persons or other organizations shall be protected by law. No administrative departments shall， without authorization， change the administrative permission already in effect.

　　Where the laws， regulations or rules， on the basis of which administrative permission is granted， have been revised or abolished， or major charges have occurred in the objective circumstances， on the basis of which administrative permission is approved， administrative departments may， for the need of public interests and in accordance with law， alter or revoke the administrative permission already in effect. Where， as a consequence， losses are caused to the property of citizens， legal persons or other organizations， administrative departments shall make them compensations according to law.

　　Article 9 Administrative permission obtained according to law shall not be transferred except where laws and regulations provide that it may be transferred according to statutory requirements and procedures.

　　Article 10 people's governments at or above the county level shall establish a sound system to supervise the granting of administrative permission by administrative departments and exercise strict supervision over and inspection of the granting of such permission by the said departments.

　　Administrative departments shall carry out effective supervision over the activities engaged in by citizens， legal persons and other organizations to which administrative permission is granted.

　　Chapter II

　　Institution of the procedure for Administrative permission

　　Article 11 the procedure for administrative permission shall be instituted in adherence to the laws governing economic and social development and for the benefit of bringing into full play the enthusiasm and initiative of citizens， legal persons and other organizations， safeguarding public interests， maintaining public order and promoting the harmonious development of the economy， society and the ecological environment.

　　Article 12 The procedure for administrative permission may be instituted for the following matters：

　　（1）matters relating to the special activities that directly involve state security， macro-economic control and protection of the ecological environment and that have a direct bearing on human health and the safety of people's lives and property， which are subject to approval in accordance with the statutory requirements；

　　（2）matters relating to the development and utilization of limited natural resources， the allocation of public resources as well as access to the market of the special trades that have a direct bearing on public interests， etc.， to which special rights need to be granted；

　　（3）matters relating to the professions and trades that provide services to the pubic and that have a direct bearing on public interests， the qualifications and competence to be possessed by which， such as the special credibility， conditions and skills need to be affirmed；

　　（4）matters relating to the important equipment， facilities products and articles that have a direct bearing on public security， human health， and the safety of people's lives and property， which need to be verified by means of inspection， test， quarantine， etc. and in accordance with technical standards and specifications；

　　（5）matters relating to the establishment of an enterprise or other organization， the capacity of which as a subject needs to be affirmed； and

　　（6）other matters for which the procedure for administrative permission may be instituted， as provided for by laws and administrative reg

ulations.

　　Article 13 For the matters specified in Article 12 of this law which can be regulated by the following means institution of the procedure for administrative permission may be exempted：

　　（1）matters on which citizens， legal persons and other organizations can make decisions themselves；

　　（2）matters which can effectively be regulated by the competitive mechanism of the market；

　　（3）matters which the organizations of trades or intermediary bodies can manage through self-discipline； and

　　（4）matters which administrative departments can solve by other administrative means such as supervision afterwards.

　　Article 14 With respect to the matters specified in Article 12 of this Law， the procedure for administrative permission may be instituted by law. Where such a law is not enacted， it may be instituted by administrative regulations.

　　When necessary， the state council may institute procedure for administrative permission by means of promulgating decisions. After implementation of such decisions the state council shall， except for matters to which provisional administrative permission is granted， without delay request the National people's Congress or its standing Committee to enact laws， or formulate administrative regulations itself.

　　Article 15 Where laws or administrative regulations on the matters specified in Article 12 of this law are not formulated the procedure for administrative permission for them may be instituted by local regulations； where neither laws and administrative regulations nor local regulations are formulated， and where it is really necessary for administrative permission to be granted directly for the need of administration the people's governments of provinces， autonomous regions， and

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