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

municipalities directly under the ventral Government may institute provisional procedure for administrative permission in the form of rules. Where it is necessary to continue granting such provisional administrative permission of a whole year， the said governments shall request the people's congresses or their standing committees at the corresponding levels to formulate local regulations.

　　No procedure for administrative permission in respect of the qualifications and competence of citizens， legal persons and other organizations， which are to be affirmed by the state in a unified manner， may be instituted in the form of local regulations or rules of the people's governments of provinces， autonomous， and municipalities directly under the Central Government； nor shall the procedure for administrative permission in respect of the up and registration of enterprises and other organizations or administrative permission to their setting up and registration be instituted by the said governments in the said form. The procedure for administrative permission instituted by them shall not restrict the individuals or enterprises of other regions from engaging in production and business operation and providing services in the local areas， and shall not restrict the commodities of other regions from entering the local markets.

　　Article 16 Within the scope of the matters for which the procedure for administrative permission is instituted by law， specific provisions on the granting of such permission may be formulated in administrative regulations.

　　Within the scope of the matters for which the procedure for administrative permission is instituted by law or administrative regulations， specific provisions on the granting of such permission may be formulated in local regulations.

　　Within the scope of the matters for which the procedure for administrative permission is instituted by superordinate laws， specific provisions on the granting of such permission may be formulated in rules.

　　Additional procedure for administrative permission shall not be instituted in the specific provisions formulated in the regulations and rules for

the granting of administrative permission for which the procedure is instituted by superordinate laws； and other requirements in violation of the superordinate laws shall not be added in the specific provisions on the requirements of administrative permission.

　　Article 17 With the exception of what is provided for in Articles 14 and 15 of this Law， no procedure for administrative permission shall be instituted in any other standardizing documents.

　　Article 18 When the procedure for administrative permission is instituted， provisions on the departments， requirements， procedures and time limit for the granting of such permission shall be formulated.

　　Article 19 Where， When drafting laws or regulations or when drafting rules of the people's governments of provinces， autonomous regions， and municipalities directly under the central Government， the drafting unit plans to institute the procedure for administrative permission， it shall solicit opinions by holding hearings or evaluation meetings or by other means， and shall explain to the formulating departments about the necessity for instituting the same， the impact it may possibly make on the economy and society as well as the opinions it has solicited and adopted.

　　Article 20 The department that institutes the procedure for administrative permission shall regularly make appraisal of the procedure instituted； and where it believes that matters can be solved by the means specified in article 13 of this law， it shall， without delay， revise or nullify the provisions on the institution of the same.

　　The department granting administrative permission may， when it thinks fit， make an appraisal of the granting of the administrative permission for which the procedure is already instituted and of the necessity of its existence， and report comments and suggestions to the department that institutes the procedure for administrative permission.

　　Citizens， legal persons and other organizations may put forth their comments and suggestions regarding the institution of the procedure for， and the granting of administrative permission to the departments that institute procedure and grant the permission.

　　Article 21 Where the people's governments of provinces， autonomous regions， and municipalities directly under the Central Government， in light of the economic and social development in their respective administrative regions， believe than the economic matters for which the procedure for administrative permission is instituted in their administrative regulations can be solved by the means specified in Article 13 of this Law， they may， upon approval by the state council， cease granting such permission within their own administrative regions.

　　Chapter III

　　Department Granting Administrative Permission

　　Article 22 Administrative permission shall be granted by an administrative department with the power of granting such permission within the limits of its statutory functions and powers.

　　Article 23 An organization with the functions of administering public affairs conferred by laws and regulations shall grant administrative permission in its own name and within the limits of the statutory powers. The provisions on administrative departments in this law shall be applicable to such an empowered organization.

　　Article 24 An administrative department may， within the limits of its statutory functions and powers and in accordance with the provisions of laws， regulations and rules， entrust another administrative department with the granting of administrative permission. The entrusting department shall publicize entrusted administrative department and the matters subject to the entrusted granting of administrative permission.

　　The entrusting administrative department shall be in charge of supervision the granting of administrative permission by the entrusted administrative department and shall bear

legal responsibility for the consequences of such granting.

　　The entrusted administrative department shall within the limits of the entrustment and in the name of the entrusting administrative department grant administrative permission； it shall not entrust another organization or individual with the granting of administrative permission.

　　Article 25 Upon approval by the state Council， the people's government of a province， autonomous region or municipality directly under the central Government may， on the principles of simplification， uniformity and efficiency， decide to let one administrative department exercise the power of administrative permission which is exercised by relevant administrative departments.

　　Article 26 Where matters of administrative permission need to be handled by more than one institution within administrative department， the said department shall decide on one of the institutions for accepting applications for administrative permission and for serving the decisions on such permission itself.

　　Where administrative permission is granted separately by more than two departments of a local people's government according to law， the government may decide on one of the departments for accepting applications for administrative permission and for handling them itself after the relevant departments are informed of the matter and after they respectively put forth their opinions， or have the relevant departments to handle them jointly or in a concentrated way.

　　Article 27 In granting administrative permission， the administrative department shall not make the applicants unjustifiable requests as to purchase goods it designates and to accept paid service.

　　In handling matters of administrative permission， the staff members of administrative departments shall not ask the applicants for money or things of value accept or receive the same， or seek other benefits.

　　Article 28 The inspection test and quarantine of the equipment facilities， products and goods that have a direct bearing on public security， human health and the safety of people's lives and property shall， except where laws and administrative regulations provide that they be conducted be administrative departments， gradually be carried out by professional and technical organizations that meet statutory requirements. The professional and technical organizations and their staff members concerned shall bear legal responsibility for the conclusions they draw from inspection， test and quarantine.

　　Chapter IV

　　Procedures For Granting Administrative Permission

　　Section 1

　　Application and Acceptance

　　Article 29 where citizens legal persons and other organizations intend to engage in special activities for which they need to obtain administrative permission according to law they shall submit their applications to administrative departments. Where forms need to be filled out for application the administrative departments shall provide the applicants with such forms of application for administrative permission. The form of application shall not contain such particulars as are not directly related to the matters involved in the application for administrative permission.

　　An applicant may entrust his agent with the application for administrative permission except where， in accordance with law he is required to submit his application for administrative permission at the office place of an administrative department.

　　Application for administrative permission may be submitted in the form of letter telegram， telex， fax， electronic data exchange，

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