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

sions there shall prevail.

　　Administrative departments shall not collect fees for the forms of application for administrative permission.

　　The funds needed by administrative departments for the granting of administrative permission shall be incorporated into their own budgets， which shall be guaranteed by the governments at the corresponding levels， and verified and allocated in accordance with the budgets approved.

　　Article 59 where administrative departments collect fees for the granting of administrative permission in accordance with laws and administrative regulations，

they shall do so in conformity with the publicized statutory items and rates； and all the fees they collect shall be turned over to the state Treasury， and no departments or individuals shall， in any form， withhold or misappropriate them， or divide them in private or do so in disguised form. No finance departments shall， in any form return to the administrative departments the fees collected by them for the granting of administrative permission， or do so in disguised form.

　　Chapter VI

　　Supervision and Inspection

　　Article 60 The administrative department at a higher level shall exercise rigid supervision over and inspection of the granting of administrative permission by the administrative department at a lower level， in order to put to right， in good time， violations of laws committed in the granting of administrative permission.

　　Article 61 the administrative department shall establish a sound supervisory system and perform its supervisory duties through checking the materials reflecting the activities conducted by the persons granted the permission in respect of the matters to which administrative permission has been grated.

　　After exercising， in accordance with law， supervision over and inspection of the activities conducted by the persons granted the permission in respect of the matters to which administrative permission has been granted， the administrative department shall record the supervision and inspection exercised as well as the problems handled， and the record shall be placed on file after the supervisors and inspectors sign it. The public shall have the right to consult the records of supervision and inspection kept b y the administrative department.

　　The administrative department shall create conditions to interconnect with the persons granted the permission and the computer file systems of the relevant administrative departments， in order to check the activities conducted by the persons granted the permission in respect of the matters to which administrative permission has been granted.

　　Article 62 The administrative department may， according to law， inspect， examine or test the samples of the products manufactured or dealt in by the persons granted the permission and conduct on-the-spot inspection of the places where the products are manufactured or dealt in. When conducting inspection， the administrative department may， according to law， consult the relevant materials or request the persons granted the permission to submit such materials； and the said persons shall provide relevant information and materials truthfully.

　　The administrative department shall， in accordance with the provisions of laws and administrative regulations， conduct regular inspection of the important equipment and facilities that have a direct bearing on public security， human health and the safety of people's lives and property. With respect to those that pass the inspection， it shall issue appropriate documents certifying the fact.

　　Article 63 when exercising supervision and inspection， the administrative department shall not hinder the normal production and operation of the persons granted the permission， nor ask the said persons for money or things of value， or receive or accept the same， or seek other benefits.

　　Article 64 where a person granted the permission in violation of law and in an area beyond the jurisdiction of the administrative department that makes the decision on administrative permission， engages in activities in respect of the matters to which administrative permission has been granted， the administrative department in the area where such violation takes place shall， according to law， send a copy of the facts of violation committed by the person granted the permission and the results of its handling of the violation to the administrative department that makes the decision on administrative permission.

　　Article 65 Indivi

duals and organizations that find activities conducted， in violation of law， in respect of the matters to which administrative permission has been granted shall have the right to report such activities to administrative departments， which shall， without delay， check the facts and handle the violation.

　　Article 66 where a person granted the permission fails to perform his obligations of developing and utilizing natural resources according to law or his obligations of utilizing public resources according to law， the administrative department shall instruct him to set it right within a time limit； and if he fails to do so within the specified time limit， the administrative department shall deal with the case in accordance with the provisions of relevant laws and administrative regulations.

　　Article 67 The person granted the permission that has obtained administrative permission for access to the market of a special trade which has a direct bearing on public interests shall， in compliance with the service standard prescribed and the rates fixed by the state as well as the requirements prescribed by the administrative department according to law， provide to users safe， convenient and steady service at reasonable rates， and shall perform his obligation of providing universal service； and without approval by the administrative department that makes the decision on administrative permission， the said person shall not suspend business or close down.

　　Where a person granted the permission fails to perform the obligations specified in the preceding paragraph， the administrative department shall instruct him to set it right within a time limit or， according to law， take effective measures to see that he performs the obligations.

　　Article 68 with respect to the important equipment and facilities that have a direct bearing on public security， human health and the safety of people's lives and property， the administrative department shall see that the units that make the design of， manufacture， install or use such equipment and facilities to establish an appropriate self-inspection system.

　　Where， in conducting supervision， and inspection the administrative department discovers that in the important equipment and facilities that have a direct bearing on public security， human health and the safety of people's lives and property there exist hidden dangers threatening safety， it shall instruct the units to cease to cease manufacturing， installing and using the same， and shall instruct the units that make the design of. Manufacture， install or use the same to rectify immediately.

　　Article 69 In any of the following cases， the administrative department that makes the decision on administrative permission or its immediate superior may， based on the request of the interested person or on its own functions and powers， revoke such permission：

　　（1）where the decision on approving administrative permission is made by staff members of the administrative department who abuse their powers or neglect their duties；

　　（2）where the decision on approving administrative permission is made beyond the statutory functions and powers；

　　（3）where the decision on approving administrative permission is made in contravention of the statutory procedures；

　　（4）where approval of administrative permission is given to an applicant that is not qualified for application or does meet the statutory requirements； and

　　（5）other cases where administrative permission may be revoked according to law.

　　the administrative permission obtained by a person by such illegitimate means as deception and bribery shall be revoked.

　　where revocation of administrative permission in accordance with the provisions of the preceding two paragraphs may cause great damages to public interests， such permission shall not be revoked.

　　Where revocation of administrative permission in a

ccordance with the provisions in the first paragraph of his Article causes damages to the legitimate rights and interests of the person granted the permission， compensation shall be made by the administrative department according to law. Where administrative permission is revoked in accordance with the provisions in the second paragraph of this Article， the benefits obtained by the person granted the permission through such permission shall not be protected.

　　Article 70 In any of the following cases， the administrative department shall， in accordance with law， go through the formalities for cancelling the relevant administrative permission：

　　（1）where the term of validity for administrative permission is not extended at the expiration of the term；

　　（2）where the citizen to whom administrative permission for special qualifications is granted dies or loses the disposing capacity；

　　（3）where the status of a legal person or other organization is terminated according to law；

　　（4）where， in accordance with law， administrative permission is revoked or withdrawn， or the certificate of such permission is revoked；

　　（5）where matters for which administrative permission has been o

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