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

btained cannot be undertaken due to force majeure； and

　　（6）other cases where administrative permission should be revoked as provided for by laws and regulations.

　　chapter VII

　　Legal Responsibility

　　Article 71 Any procedure for administrative permission instituted by a department in violation of the provisions in Article 17 of this law， the relevant department shall instruct the department that institutes such procedure to rectify， or have the procedure terminated according to law.

　　Article 72 where an administrative department or its staff member， in violation of the provisions of this Law， does one of the following， its/his immediate superior or the supervisory department shall instruct it /him to rectify； and if the circumstances are serious， the persons directly in charge and the other persons directly responsible shall be given administrative sanctions according to law：

　　（1）failing to accept an application for administrative permission that is in conformity with the statutory requirements；

　　（2）failing to publicize at the office place the materials which should be publicized according to law；

　　（3）in the process of accepting， examining and deciding on administrative permission， failing to perform the statutory obligation of informing the applicant and the interested person of the right to request heating；

　　（4）in the case where the application materials submitted by the applicant are not complete or not in conformity with the statutory form， failing to inform the applicant all at once， of what needs to be supplemented or corrected；

　　（5）failing to state its/his reasons according to law， for refusing to accept an application for administrative permission or for refusing to approve such permission； and

　　（6）failing to hold hearings as is required by law.

　　Article 73 where the staff member of an administrative department， when handing matters of administrative permission or exercising supervision and inspection， asks another person for money or things of value， or receives or accepts the same， or seeks other benefits， which constitutes a crime， he shall be investigated for criminal responsibility according to law； and if the case is not serious enough to constitute a crime， he shall be given administrative sanctions according to law.

　　Article 74 where in granting administrative permission an administrative department does one of the following， it shall be instructed by its immediate superior or the supervisory department to rectify， and the persons directly in charge and the other persons directly responsible shall be given administrative sanctions according to law； and if a crime is constituted criminal

， responsibility shall be investigated according to law：

　　（1）giving approval of administrative permission to an applicant that does not meet the statutory requirements， or making a decision on approving administrative permission beyond its statutory functions and powers；

　　（2）refusing to give approval of administrative permission to an applicant that meets the statutory requirements， or failing to make a decision on approving administrative permission within the statutory time limit； and

　　（3）failing to make a decision， through public bidding， auction or examination， on approving administrative permission on the basis of the outcome of public biding and auction or the examination results， as is required by law， or refusing to make decision on such basis.

　　Article 75 where when granting administrative permission， an administrative department collects fees without authorization or in contravention of the statutory items and rates， its immediate superior or the supervisory department shall instruct it to return the fees illegally collected； and the persons directly in charge and the other persons directly responsible shall be given administrative sanctions according to law.

　　Where the fees collected according to law for granting administrative permission are withheld， misappropriated， divided in private or done so in disguised form， such fees shall be recovered； the persons directly in charge and the other persons directly responsible shall be given administrative sanctions according to law； and if a crime is constituted， criminal responsibility shall be investigated according to law.

　　Article 76 where an administrative department grants administrative permission in violation of and thus causes damages to the rights and interests of the person concerned， it shall make compensation in accordance with the provisions of the law on state compensation.

　　Article 77 where an administrative department does not perform its duties of supervision according to law or fails to perform such duties effectively， thus serious consequences， its immediate superior or the supervisory department shall instruct it to rectify， and the persons directly in charge and the other persons directly responsible shall be given administrative sanctions according to law； and if a crime is constituted， criminal responsibility shall be investigated according to law.

　　Article 78 where when applying for administrative permission an， applicant conceals relevant information or provides false application materials， the administrative department shall refuse to accept the application or to approve such permission， and shall give a disciplinary warning to the applicant， and if the matters for which administrative permission is applied for are ones that have a direct bearing on public security， human health and the safety of people's live and property， the applicant shall not apply for administrative permission for the same matters again within one year.

　　Article 79 where a person obtains administrative permission by such illegitimate means as deception and bribery， the administrative department shall impose administrative penalties on him； if the matters for which administrative permission is obtained are ones that have a direct bearing on public security， human health and the safety of people's lives and property， the applicant shall apply for administrative permission for the same matters again within three yeas， and if a crime is constituted， the said person shall be investigated for criminal responsibility according to law.

　　Article 80 where a person granted the permission does one of the following， the administrative department shall impose administrative penalties on him according to law； and crime is constituted， he shall be investigated for criminal responsibility according to law：

　　（1）altering selling， leasing out or lending the certificate of administrative permissio

n， or illegally transferring such permission in other forms；

　　（2）engaging in activities beyond the limits of administrative permission；

　　（3）concealing relevant information from， proving false materials to， or refusing to provide truthful materials reflecting its activities to， the administrative department in charge of supervision and inspection； and

　　（4）committing other illegal acts specified in laws， regulations and rules.

　　Article 81 where a citizen legal person or other organization， without obtaining administrative permission engages in activities for which administrative permission should be obtained according to law， the administrative department shall， in accordance with law， adopt measures to stop such activities， and impose administrative penalties on the citizen， legal person or other organization according to law； and if a crime is constituted， criminal responsibility shall be investigated according to law.

　　Chapter VIII

　　Supplementary provisions

　　Article 82 The time limit for the granting of administrative permission by an administrative department specified in this Law is counted by the working days， excluding the statutory festivals and holidays.

　　Article 83 This law shall go into effect as of July 1，2004.

　　The provisions on administrative permission formulated prior to implementation of this law shall be checked up on by the formulating departments in accordance with the provisions of this law； and beginning from the date this law goes into effect， implementation of those provisions that are not in conformity with the provisions of this law shall cease

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