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

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　　Article 30 Administrative departments shall make public at their office places the matters， basis， requirements， quantity， procedure and time limit， as provided for by laws， regulations and rules， regarding relevant administrative permission， as well as the catalogue of all the materials req

uired to be submitted and application forms for demonstration.

　　Where an applicant requests the administrative department to make explanation and interpretation for what it publicizes， the department shall do so accordingly and provide accurate and reliable information to the applicant.

　　Article 31 An applicant for administrative permission shall submit to the administrative department truthful relevant materials and provide true information， and shall be responsible for truthfulness of the matters of substance in the application materials. The administrative department shall not ask the applicant to submit technical data and other materials that have no relation to the matters for which administrative permission is applied for.

　　Article 32 With regard to the application submitted by an applicant for administrative permission， the administrative department shall handle it differently in light of the following circumstances：

　　（1）where， in accordance with law， no administrative permission is necessary for the matters for which such permission is applied for， it shall directly inform the applicant that such an application is not to be accepted；

　　（2）where， in accordance with law， the matters for which administrative permission is applied do not fall within the scope of its functions and powers， it shall directly make the decision not to accept such an application and inform the applicant of the relevant administrative department to which the application should be submitted；

　　（3）where there are errors in the application materials which can be corrected on the spot， it shall allow the applicant to make the correction on the spot；

　　（4）where the application materials are not complete or not in conformity with the statutory form， on the spot or within five days， inform the applicant， all at once， of what needs to be supplemented or corrected； and if it fails to do so at the expiration of the time limit， the application shall be deemed to be accepted as of the date it receives the application materials； and

　　（5）where the matters for which administrative permission is applied for fall within the scope of its functions and powers， the application materials are complete and in conformity with the statutory form， or the applicant submits the materials of application which are fully supplemented or corrected as requires， it shall accept the application for administrative permission.

　　When the administrative department accepts or refuses to accept an application for administrative permission， it shall produce a written certificate with the special seal of the department affixed and the date clearly marked.

　　Article 33 Administrative departments shall establish and improve the relevant systems introduce electronic administration， and publicize at their websites the matters which are subject to administrative permission， in order to it convenient for the applicants to apply for administrative permission by such means as data cable， and they shall share information about administrative permission among themselves and thus increase their administrative efficiency.

　　section 2

　　Examination and Decision

　　Article 34 an administrative department shall examine the materials of application submitted by an applicant.

　　Where the application materials submitted by an applicant are complete and in conformity with the statutory form， on which the administrative department can make decision on the spot， it shall， on the spot， make the decision on administrative permission in writing.

　　Where according to the statutory requirements and procedures， the matters of substance in the application materials need to be verified， the administrative department shall assign two or more of its staff members to conduct such verification.

　　Article 35 where， according to law， an application for administrative permission needs to be ex

amined by an administrative department at a lower level before it is submitted to an administrative department at a higher level for decision， the administrative department at a lower level shall， within the statutory time limit， submit its preliminary opinions based on the examination and the complete materials of application directly to the administrative department at a higher level. The administrative department at a higher level shall not ask the applicant to provide application materials again.

　　Article 36 where in examining an application for administrative permission an administrative department finds a matter for administrative permission has a direct bearing on the vital interests of another person， it shall inform the interested person of the fact. The applicant and the interested person shall have the right to make their statements and the interested person shall have the right to make their statements and argue their cases. The administrative department shall listen to the opinions of the applicant and the interested person.

　　Article 37 After examining an application for administrative permission， the administrative department shall， except where it can make a decision on such permission on the spot， make such a decision within the statutory time limit in adherence to the specified procedures.

　　Article 38 where the application of an applicant in conformity with the statutory requirements and standards， the administrative department shall， according to law， make a decision in writing on approving administrative permission.

　　Where according to law， an administrative department makes a decision in writing on refusing to approve administrative permission， it shall state its reasons， and inform the applicant that he has the right， in accordance with law， to apply for administrative reconsideration or to bring an administrative suit.

　　Article 39 where the administrative department make the decision on approving administrative permission， for which a certificate of administrative permission is required to be issued， it shall issue to the applicant one of the following certificates of administrative permission affixed with the 0f the department：

　　（1）a permit license or other certificate of permission

　　（2）a qualification certificate competence certificate or other certificate of quality；

　　（3）approval documents or certifying documents of the administrative department； and

　　（4）other certificates of administrative permission stipulated by laws and regulations.

　　where the administrative department conducts inspection， test or quarantine， it may paste， labels on， or affix the seal of inspection， test or quarantine to， equipment facilities， products or goods which pass the inspection， test or quarantine.

　　Article 40 The administrative department shall make known to the public the decisions it make on approving administrative permission， and the public shall have the right to consult them.

　　Article 41 where no regional restrictions are imposed on the use of administrative permission instituted by laws and administrative regulations， such permission obtained by applicants effective throughout the country.

　　Section 3

　　Time Limit

　　Article 42 An administrative department shall， except where it can make a decision on administrative permission on the spot， make such a decision within 20 days from the date it accepts an application for administrative permission， where it cannot do so within 20 days， it may have an extension of 10 days upon approval by the leading member of the department， and shall inform the applicant of the reasons for extension. However， where laws and regulations provide otherwise， the provisions there shall prevail.

　　Where， according to the provisions in Article 26 of this Law， applications for administrative permission are handled in a unified manner， jointly， or in a conc

entrated way， the time such handling shall not exceed 45 days； and where such handling cannot be wound up within 45 days， an extension of 15 days may be allowed upon approval by the leading member of the people's government at the corresponding level， and the applicant shall be informed of the reasons for extension.

　　Article 43 where， according to law， an application for administrative permission needs to be examined by an administrative department at a lower level before it is submitted to an administrative department at a higher level for decision， the administrative department at a lower level shall wind up the examination within 20 days from the date it accepts the application. However， where laws and regulations provide otherwise the provisions there shall prevail.

　　Article 44 After the administrative department makes the decision on approving administrative permission， it shall， within 10 days from the date the decision is made issue a certificate of administrative permission to or serve it on the applicant， or paste labels or affix the seal of inspection， test or quarantine.

　　Article 45 where according to law， a decision on administrative permission to be made by administrative department requires hearing， public bidding， auction， inspection， test， quarantine， authentication or expert evaluation， the time thus needed shall not be reckoned in the time limit specified by this section. The administrative department shall inform the applicant in writing of the time need

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