Laws of the Guangdong Province

Rules of Shenzhen Municipality on the Implementation of Administrative Licenses

   (Adopted at the 116th executive meeting of the Third People' s Government of Shenzhen Municipality and enters into force as of May 1, 2004.)

Chapter ¢ñ  General Provisions

Article 1 In order to implement the Administrative License Law of the People's Republic of China (hereinafter referred to as the Administrative License Law), and normalize the establishment, implementation and supervision concerning administrative licenses, these rules are formulated.  

    Article 2 These rules shall be applicable to the administrative organs implementing administrative licenses (hereinafter referred to as the administrative organ) and the organizations, authorized by laws or regulations (hereinafter referred to as the authorized organization), implementing administrative licenses in the Shenzhen Municipality.

Provisions of these rules concerning the administrative organs shall also be applicable to the authorized organizations.

These rules shall not be applicable to the administrative organs' internal examination and approval of such matters as personnel, finance and foreign affairs of other organs, or public institutions directly under their administration.

Article 3 The Administrative organs shall implement the administrative licenses in accordance with the Administrative License Law, and relevant provisions of laws, regulations and rules, as to realize the legality, standardization and publicity of the implementation of administrative licenses.

Chapter  ¢ò  The Establishment of an administrative license

Article 4 From the beginning date of the Administrative License Law, the administrative licenses to be implemented by the administrative organs shall be of the matters stipulated by laws, administrative regulations, decisions of the State Council, regulations of the Guangdong Province or Shenzhen Municipality, or rules of the People' s Government of Guangdong Province.

The Municipal Government shall stipulate the conditions, application materials, procedures and time limit for the implementation of the administrative licenses, if there is no corresponding provisions in laws or regulations.

Article 5  Anyone, who plans to establish an administrative license and has submitted the draft of regulation to the Municipal Government for discussion, shall solicit opinions from the whole society by hearing. The hearing shall be organized by the municipal organ of legal affairs.

Article 6 If the administrative organs, citizens, legal persons or other institutions consider that the administrative licenses of economic affairs, which are set down by regulations, may be treated through any method stipulated in article 13 of the Administrative License Law, on the basis of the economic and social development situation of Shenzhen, they may suggest the municipal organ of legal affairs to stop implementation. If the municipal organ of legal affairs concludes that the suggestion may be adopted after examination, it shall submit the treatment opinions to the Municipal Government for examination and approval. Once the opinions are approved through legal procedures, the administrative licenses shall cease their implementation.

    The economic affairs mentioned above mean activities of production, operation, providing service and other relevant activities engaged by relevant enterprises or other institutions.

Article 7 The municipal organ of legal affairs may entrust a professional institution to evaluate the establishment and implementation of the administrative license, and raise relevant opinions or suggestions to the Municipal Government.

Chapter  ¢ó  Implementing Organs of Administrative Licenses

Article 8 The administrative organs and organizations authorized to implement administrative licenses shall be publicized by the Municipal Government. Any organ or organization not being publicized by the Municipal Government shall not implement administrative licenses.

Article 9 The primary examination of administrative licenses shall be supported by laws, regulations or rules. Without the support of laws, regulations or rules, any administrative organ shall neither make primary examination to the administrative license application for other administrative organs, nor demand other administrative organs to do so.

Article 10  The administrative organ shall sign an entrustment document of implementing administrative license in case of entrusting other organ to implement administrative license according to laws, regulations or rules.

The entrustment document shall define the name, address and contacting method of the entrusting and entrusted organs, the specific matters and time limit of entrustment and the legal liabilities.

The entrustment document shall be examined by the municipal organ of legal affairs, and promulgated on the Bulletin of Shenzhen People' s Government (hereinafter referred to as the Municipal Government bulletin) and the public information websites of the entrusting and entrusted organs.

The entrusted organ shall accept and determine on the application for administrative license in the name of the entrusting organ, and serve the approval decision to the applicant. The entrusting organ shall bear liabilities for the entrusted organ' s action of implementing administrative license.

Article 11 To facilitate the applicant to apply for administrative license, the administrative organ may sign an entrustment document of accepting application materials of administrative license, and entrust other administrative organs or organizations with public administrative functions to accept application materials of administrative license.

The entrustment document shall define the name, address and contacting methods of the entrusting and entrusted organs, the specific matters and time limit of entrustment, and the legal liabilities.

The entrustment document shall be examined by the municipal organ of legal affairs, and promulgated on the Municipal Government Bulletin and the public information websites of the entrusting and entrusted organs.

The entrusted organ or institution shall give a written return receipt of accepting or not accepting the application materials in the name of the entrusting organ. After accepting the application materials, the entrusted organ or institution shall submit the application materials to the entrusting organ for examination and determination, and serve the approval decision to the applicant.

The entrusting organ shall bear the liabilities of the entrusted organs' activities of accepting application materials or serving the permission decisions.

Article 12 In case of the applicant applies for administrative license directly to the administrative organ after it has entrusted the implementation of administrative license or acceptance of application materials to other organs or institutions, the entrusting organ still shall accept the materials and make decisions on the administrative license in accordance with laws.

Article 13 The Municipal Government may decide according to law an administrative organ to excise the power of administrative licenses of the relevant administrative organs according to the principle of simplification, unification and efficiency.

Article 14 The implementing organ of administrative license shall establish windows to accept applications of administrative licenses, determine an organization to accept applications and serve the administrative license decisions uniformly.

Article 15 If the administrative license decision is made on the basis of the result of inspection, testing or quarantine, the administrative organ shall publicize the legal standards of inspection, testing or quarantine, and the list of professional technical organizations and relevant persons with legal qualifications to inspect, test or quarantine.

Where there is any mistake in the result of inspection, testing or quarantine, the administrative organ shall publicize the mistake and the list of professional technical organizations and relevant persons conducting the inspection, testing or quarantine. The professional technical organization and relevant person conducting the inspection, testing or quarantine shall bear the liabilities according to laws.

Chapter ¢ô  Implementation Procedures for the Administrative License

Article 16 The administrative organ shall draw up implementing measures for each administrative license under its authority according to the requirements, stipulated by the Administrative License Law and relevant laws, regulations and rules, of establishing and implementing administrative licenses.

The implementing measures for administrative license shall contain the following items:

1. the content of administrative license;

2. the legal basis of establishing the administrative license;

3. the quantity and methods of the administrative license;

4. the requirements of the administrative license;

5. the application materials;

6. the application forms;

7. the accepting organ of the application of the administrative license;

8. the organ to make the decision of the administrative license;

9. the procedures for the administrative license;

10. the time limit of the administrative license;

11. the certificate for the administrative license and its valid period;

12. the legal effect of the administrative license;

13. the charges;

14. the annual examination.

The municipal organ of legal affairs shall take charge of making rules to guide administrative organs to draw up the implementing measures for administrative license, and guide them to draw up the implementing measures in uniform.

Article 17 If laws, regulations or rules have stipulated the requirements of the administrative license and application materials, the implementing measures for administrative license shall not add any other requirement or material.

Article 18 The municipal institution of legal affair shall examine the implementing measures for administrative license drawn up by the administrative organ. As to the implementing measures which are consistent with the Administrative License Law, the institution of legal affairs shall submit them to the Municipal Government for examination and approval, promulgate them on the Municipal Government bulletin, the public information website of Shenzhen People' s Government (www.sz.gov.cn) and the public information websites of the administrative organs after the examination, and publicize them at the working places of the administrative organs accepting the application of administrative licenses.

The administrative organ shall determine and publicize such matters as the information of the accepting place and time of application, consultation or complaint concerning the administrative license, the number of copies and forms of application materials, and whether the original materials are required.

Article 19 The administrative organ shall promulgate the full text of laws, regulations, rules and other normative documents, according to which it implements the administrative license, on it' s public information website, and allow the public to download them freely.

Article 20 According to the principle of facilitating the public, the administrative organ may edit and print a guide of administrative license to tell the applicants about the matters to be noticed during application.

Article 21 The administrative organ shall implement administrative licenses in accordance with the promulgated implementing measures.

If citizens, legal persons or other institutions consider that the implementing measures for administrative license are inconsistent with laws or regulations, they may inform the administrative organ implementing the administrative license or the municipal organ of legal affairs. If the administrative organ implementing the administrative license or the municipal organ of legal affairs considers the informed situation is true, it shall implement the administrative license according to relevant laws and regulations, and modify the implementing measures for administrative license through legal procedures in time.

Article 22 The administrative organ shall not implement administrative licenses without any implementing measures. When an administrative license stipulated by laws, regulations or rules has not been cancelled through legal procedures, the administrative organs shall accept and decide on the application concerning the administrative license.

In the circumstance stipulated in the preceding paragraph, the administrative organ shall inform the municipal organ of legal affairs, and enact, promulgate and implement the implementing measures for the administrative license in accordance with these rules in time.

The administrative organ shall enact, promulgate and implement implementing measures for the administrative license newly established by laws, regulations or rules according to these rules in time.

Article 23 Before suspending the implementation of administrative license, the administrative organ shall bring forward a written report, which shall be examined by the municipal organ of legal affairs and submitted to the Municipal Government for approval, to state the reason, basis and period, and shall publicize an suspension announcement on the Municipal Government bulletin, the public information website of Shenzhen people' s government and the organs' public information website.

Article 24 The implementing measures for administrative license shall stipulate all the application materials required to be submitted by the applicant. The administrative organ shall not demand the applicant to submit unstipulated application material.

In case the submitted application materials are incomplete or inconsistent with the legal form, the applicant shall make up or correct on the spot if possible. Otherwise, the administrative organ shall inform the applicant of all the items that need to be supplemented at one time by a written notice. The administrative organ shall accept the application after the applicant has supplemented all the items according to the written notice.

Article 25 When the applicant submits application materials of administrative license, the administrative organ shall give a written receipt with its special stamp and indication of date to the applicant about whether it accepts the materials of application or not. The administrative organ shall give reasons in the receipt if it refuses to accept the materials of application.

Article 26  The exemplary application form or table of the administrative license, which is offered and required by the administrative organ, shall be submitted to the municipal organ of legal affairs for uniform examination as normative document, and be promulgated on the Municipal Government bulletin and the administrative organs' public information website after the examination.

Article 27 The administrative organ shall not collect charges for the cost of production or information, or for offering the exemplary application form or table of the administrative license to the applicant.

The administrative organ shall allow the applicant to use the exemplary application form or table of the administrative license, copied or downloaded from the organ' s public information website.

   Article 28 The administrative organ shall not stipulate the valid period of administrative license, if laws or regulations have no corresponding provisions.

The administrative organ shall not stipulate annual censor, annual examination or periodic check or examination of the granted administrative license, if laws or regulations have no corresponding provisions.

Article 29 The decision of granting administrative license, which is made by the administrative organ, shall be promulgated on the organs' public information website, and allow the public to consult and download freely. The administrative organ shall affirm the consultation result with its stamp at the request of the public.

Article 30 If the time limit promised by the administrative organ in written is shorter than the legal time limit, it shall make decision on the administrative license within the promised time limit.

Article 31 If the administrative organ decides not to grant the administrative license, it shall give a written decision with its stamp and the decision date, and make explanation.

Article 32 If the applicant applies to modify the matters under the administrative license, the administrative organ shall make decision according to the procedures for the administrative license.

The administrative organ shall abide by the time limit of the decision, which is mentioned in the preceding paragraph, according to the time limit stipulated in laws or regulations. If there is no corresponding provision in laws or regulations, the administrative organ shall take the time, which is spent in deciding on the first application for administrative license as the limit.

Article 33 The implementing organ of administrative license shall simplify its internal working process and improve its working efficiency.

Article 34 The administrative organ shall not collect charges for implementing the administrative license, or supervising and checking the implemented administrative license unless the laws or regulations have corresponding provisions.

Chapter ¢õ   Supervision and Check

    Article 35 If the administrative organ implements the administrative license in violation of law, the applicant may complain, apply for administrative reconsideration or bring administrative litigation according to laws.

    Article 36 The administrative organ shall set up a complaining system for administrative license, appoint a special agency to accept and settle complaints on the implementation of administrative license, and publicize the agency' s name and telephone number on the organ' s public information website.

Once the complaint is accepted, the agency shall give a written receipt of acceptance to the complainer. The administrative organ shall not refuse to accept complaints.

The complaint accepting agency shall investigate into the accepted complaint£¬if it is tenable according to laws, the administrative organ shall accept the application for administrative license or make the approval decision of granting the administrative license.

The complaint accepting agency shall give the written disposal opinion to the complainer within 10 working days from the acceptance of complaint.

Article 37 The municipal organ of legal affairs shall be responsible of supervising and checking the administrative organ to implement administrative license, and guide them to implement these rules.

When the municipal organ of legal affairs finds that an administrative organ refuses to implement, or modifies the implementing measures for administrative license without permission, it shall order the administrative organ to make correction. If the administrative organ refuses to make correction, the municipal organ of legal affairs shall inform the Municipal Government to circulate a notice of criticism, investigate the administrative liabilities of the administrative organs' person in charge, and declare the arbitrarily modified part of the implementing measures for administrative license invalid.

Article 38 The administrative supervision department (hereinafter referred to as the municipal supervision department) shall supervise the administrative organs' implementation of administrative license according to laws.

The municipal supervision department shall appoint an organ to accept the complaints or exposures of citizens, legal persons or other institutions about the administrative organ' s or its working person' s illegal implementation of administrative license, and publicize the organ and its telephone number of accepting complaints or exposures on the administrative organ' s public information website.

 The municipal supervision department shall give a written acceptance receipt to the complainer when accepting the complaints or exposure. The municipal supervision department shall not refuse to accept any complaint or exposure.

Article 39 The municipal supervision department shall investigate into the accepted complaint or exposure. If the complaint or exposure is tenable by law, the municipal supervision department shall order relevant administrative organ to handle according to laws. If the organ refuses to handle, the municipal supervision department shall investigate the administrative organ' s person in charge for administrative liabilities.

 The municipal supervision department shall inform the complainer or the person making exposure about the disposal opinion in written within 10 working days from acceptance.

Article 40 The administrative organ shall, in the first quarter of every year, report to the Municipal Government about the implementation situations of administrative licenses in the last year, including the situations of granted administrative licenses, administrative license applications, results of applications, applicants' complaints, applications for administrative reconsideration£¬administrative litigations and their results. The report shall be publicized on the administrative organ' s public information website.

The municipal organ of legal affairs shall be responsible for analyzing the administrative organ' s annul report of implementing administrative licenses, investigate and research on relevant problems, give opinions and suggestions, and strengthen the supervision and guidance on the administrative organ' s implementation of administrative licenses.

Article 41 The administrative organ shall supervise and check the licensee' s activities concerning the granted administrative license strictly in accordance with the Administrative License Law.

The administrative organ shall publicize the agency, which accepts the report of illegal behaviors of implementing administrative licenses, and its address and telephone number.

Chapter ¢ö   Supplementary Provisions

Article 42 The administrative licenses, which are currently implemented by the administrative organs, shall be adjusted according to the Administrative License Law as following:

1. for those, which comply with the Administrative License Law and are necessary to remain, the implementing measures shall be drawn up according to these rules and publicized;

2. those, which don' t comply with the Administrative License Law, or may not be implemented according to the Administrative License Law, shall be cancelled;

3. those, which are not under the regulation of the Administrative License Law, shall be handled as other approval matters than administrative licenses, and be regulated and handled according to relevant provisions.

Article 43 The administrative licenses, which shall be cancelled according to item 2 of article 42 of these rules, shall be:

1. decided by the citizens, legal persons or other institutions themselves on whether to take the actions or not.

2. transferred to the trades associations or professional institutions to handle or regulate through other methods.

3. regulated by the administrative organs under their normal working functions as post supervision.

Article 44 The results of adjustment of current administrative licenses shall be publicized by the Municipal Government through government decree.

The municipal organ of legal affairs shall be responsible for the regular work of the adjustment of current administrative licenses.

        Article 45 The regulations shall enter into force as of May 1, 2004.