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

ed.

　　Section 4

　　Hearing

　　Article 46 The administrative department shall make known to the general public， and hold hearings on， the matters for the granting of administrative permission which， according to the provisions of laws， regulations or rules need hearing， or other matters of vital importance involving public interests for the granting of administrative permission which the administrative department believes need hearing.

　　Article 47 where administrative permission directly involves the vital interests between an applicant and another person， the administrative department shall， before making the decision on administrative permission， inform the applicant and the interested person that they have the right to request hearing； and where the applicant and the interested person， within five days from the date they are informed of such right， submit their application for hearing， the administrative department shall make arrangements for the heating within 20 days.

　　The applicant and the interested person shall not bear the expenses for the hearing arranged by the administrative department.

　　Article 48 A hearing shall be conducted in accordance with the following procedures：

　　（1）the administrative department shall， seven days before holding the hearing， inform the applicant and interested of the time and the venue the hearing is to be held， and when necessary， make the time and venue known to the public；

　　（2）the hearing shall be held openly；

　　（3）the administrative department shall appoint person， other than its staff member who examines the application for administrative permission， to chair the hearing， and where the applicant or the interested person believes that the chairperson has a direct interest in the matter for administrative permission， he shall have the right to apply for the chairperson's withdrawal；

　　（4）During hearing the staff member who examines the application for administrative permission shall provide the evidence and reasons for his opinions， and the applicant and the interested person may provide their evidence， and argue their cases and cross-examine the evidence provided by the said staff member； and

　　（5）A record of the hearing shall be made in writing and be signed by， or affixed with the seals of， the hearing after they confirm that there are no mistakes in it.

　　The administrative department shall， o

n the basis of the record of the hearing make its decision on administrative permission.

　　Section 5

　　Alteration and Extension

　　Article 49 where a person granted the permission asks to alter the matters for which administrative permission is obtained， he shall submit an application to the administrative permission department that makes the decision on administrative permission； and where the application is in conformity with statutory requirements and standards， the administrative department shall go through the formalities for alteration according to law.

　　Article 50 where a person granted the permission needs an extension of the term of validity of the administrative permission obtained according to law， he shall， 30 days before the expiration of the said term of validity， make an application to the administrative department that makes the decision on administrative permission. However， where laws， regulations and rules provide otherwise， the provisions there shall prevail.

　　The administrative department shall， on the basis of the application of the person granted the permission， make its decision on whether to approve the extension before the expiration of the term of validity of the administrative permission； and where no such decision is made at the expiration of the time limit， the extension shall be regarded as being approved.

　　Section 6

　　Special provisions

　　Article 51 where there are provisions in this section on the procedures for the granting of administrative permission， they shall be applied； and were are no such provisions in this section， the relevant provisions in this Chapter shall be applied.

　　Article 52 The provisions in relevant laws and administrative regulations shall be applicable to the procedures for the granting of administrative permission by the state council.

　　Article 53 For the granting of administrative permission to the matters specified in subparagraph 2 of Article 12 of this law， the administrative department shall make its decision through the forms of fair competition such as public bidding and auction. However where laws and administrative regulations provide otherwise， the provisions there shall prevail.

　　The specific procedures for the administrative department to make its decision on administrative permission through such forms as public bidding and auction shall be enacted in accordance with the provisions of relevant laws and administrative regulations.

　　After the administrative department decides on the winner of a bid or the vendee in accordance with the procedures for public bidding o r auction， it shall make the decision on approving administrative permission， and shall issue the certificate of administrative permission to the winner or vendee according to law.

　　Where the administrative department， in violation of the provisions of this Article， does not adopt pudding or auction or goes against the procedures for public or auction， thus infringing on the legitimate rights and interests of an applicant， the applicant may， in accordance with law， apply for administrative reconsideration or bring an administrative suit.

　　Article 54 For the granting of administrative permission to the matters specified in subparagraph 3 of Article 12 of this law， which involves endowing citizens with special qualifications and for which national examinations should be conducted according to law， the administrative department shall make its decision on administrative permission on the basis of the results of examinations and other statutory requirements； and for the granting of special qualifications and competence of legal persons or other organizations， it shall make its decision on the basis of the result of the appraisal regarding the composition of the professional personnel， the technological qualifications operational achievements and managerial level of the applicants. Howe

ver， where laws and administrative regulations provide otherwise， the provisions there shall prevail.

　　Examinations taken by citizens for special qualifications shall be arranged by administrative departments or organizations of trades according to law， and shall be conducted openly. The administrative departments or the organizations of trades shall， in advance， publicize the qualifications and measures for registration and the subjects and outlines for examination. However， no compulsory pre-examination training for qualification examination shall be arranged and no teaching materials or supplementary materials shall be designated.

　　Article 55 For the granting of administrative permission to the matters specified in subparagraph 4 Article 12 of this Law， which are subject to inspection， test or quarantine according to technical standards and specifications， as is required by law， the administrative department shall， based on the results of the inspection， test or quarantine， make its decision on such permission.

　　To conduct inspection， test or quarantine， the administrative department shall， within five days from the date it accepts an application， assign two or more of its staff members to do the job in accordance with the technical standards and specifications. Where the administrative department can， distending with further technical analysis of the results of inspection， test or quarantine， determine whether the equipment， facilities， products or goods are in conformity with the technical standards and specifications， it shall make its decision on administrative permission on the spot.

　　Where the administrative department， based on the results of inspection， test or quarantine， decides， not to approve administrative permission， it shall state clearly in writing the technical standards and specifications on the basis of which it makes such a decision.

　　Article 56 for the granting of administrative permission to the matters specified in subparagraph 5 of article 12 of this law， for which the application materials submitted by the applicant are complete and in conformity with the statutory forms， the administrative department shall make an entry of the matters in a register on the spot. Where matters of substance of the application materials need to be verified， the administrative department shall conduct the verification in accordance with the provisions in subparagraph 3 of Article 34 of this law.

　　Article 57 Where the number of matters in to which administrative permission can be granted is restricted and the applications submitted by two or more applicants are in conformity with the statutory requirements and standards， the administrative department shall make its decision on approving administrative permission in sequence of time at which it accepts such applications for administrative permission. However， where laws and administrative regulations provide otherwise， the provisions there shall prevail.

　　Chapter V

　　Fees for Administrative permission

　　Article 58 administrative departments shall not collect any fees for the granting of administrative permission or for their supervision over and inspection of the matters to which administrative permission has been granted. However， where laws and administrative regulation provide otherwise， the provi

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