PRC Administrative Licensing Law
Adopted at the fourth meeting of the Standing Committee of the Tenth National Peoples Congress on August 27, 2003)
Directory
Chapter I General Provisions
The second chapter of the Administrative License
The third chapter of the implementation of administrative licensing authorities
Chapter IV implementation of administrative licensing procedures
Section I Application and Acceptance
Section II examines decision
Section 3 Time Limit
Hearing as
Section 5 Modification and Extension
Section 6 Special Provisions
The Chapter administrative licensing costs
Chapter VI Supervision and Inspection
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
In order to regulate the establishment and implementation of administrative license, protect the legitimate rights and interests of citizens, legal persons and other organizations, to safeguard public interests and social order, to protect and monitor the executive branch the effective implementation of the administration, in accordance with the Constitution, this Law is enacted.
Article purposes of this Law, the administrative licensing, the executive authorities granted review in accordance with the law, according to the application of citizens, legal persons or other organizations, engaged in specific activities.
Set of administrative licensing and implementation of this Law shall apply.
Relevant administrative organs to other organs or the approval of their direct management of the institutions, personnel, finance, foreign affairs and other matters, the law is not applicable.
Article setting and implementation of administrative license, shall, in accordance with the statutory authority, scope, conditions and procedures.
Article setting and implementation of administrative license, should follow an open, fair and impartial manner.
Related administrative license shall be announced; unpublished shall not be used as the basis for the implementation of administrative licensing. The implementation and results of the administrative license shall be made public, except that involve state secrets, commercial secrets or individual privacy.
Meets the statutory requirements, standards, equal rights to legally obtained administrative license applicant, the administrative organ shall not be discriminated against.
Article VI implementation of administrative license, should follow the principle of convenience, improve efficiency, and provide quality services.
Article VII of citizens, legal persons or other organizations implemented by administrative organs of administrative licensing, enjoy the right to be heard, the right to be heard; shall be entitled to apply for administrative reconsideration or bring an administrative lawsuit; damage their legitimate rights and interests of administrative organs in violation of the implementation of administrative license, the right to compensation is required by law.
Article VIII of citizens, legal persons or other organizations legally obtained administrative license shall be protected by law, administrative authorities will be allowed to change has effective administrative license.
Modify or abolish laws, regulations, rules and administrative license is based, or to grant administrative licensing is based on the objective situation significant changes for the needs of the public interest, the administrative authorities can legally change or withdraw the effective administrative licensing. Thus to citizens, legal persons or other organizations for property damage, the administrative organ shall be compensated in accordance with the law.
Article IX legally obtained administrative license, unless the laws and regulations in accordance with the legal conditions and procedures for sale and is not transferable.
Article X of the peoples government at or above the county level shall establish and perfect the administrative organs to implement the system of supervision of the administrative licensing, and strengthen the supervision and inspection of the administrative organs to implement the administrative license.
The administrative organ shall be citizens, legal persons or other organizations engaged in administrative licensing matters effectively supervise the activities.
The second chapter of the Administrative License
Article 11 The establishment of administrative licensing, should follow the law of economic and social development, giving full play to the citizens, legal persons or other organizations, the enthusiasm, initiative, and to safeguard public interests and social order, and to promote the economic, social and ecological environment coordinated development.
Article 12, the following matters administrative license may be:
(A) directly related to national security, public safety, economic macro-control, ecological and environmental protection, as well as directly related to human health, life and property safety of specific activities, which shall be approved in accordance with the statutory conditions is required;
(B) limited the development and utilization of natural resources, the allocation of public resources, and directly related to the public interest, industry-specific market access, the need to give special rights;
Occupation, industry, and (c) the provision of public services and directly to the public interests need to be sure that you have a special credit, conditions or special skills, such as the qualifications of matters;
(D) directly related to public safety, important personal health, life and property safety of equipment, facilities, products, goods, in accordance with the technical standards, technical specifications, validated through inspection, testing, and quarantine matters;
(E), or the establishment of other organizations, need to determine the subject qualification;
(Vi) laws and administrative regulations can set other administrative licensing matters.
Article XIII matters listed in Article 12, through the following methods to regulate them, you can not set up an administrative license:
(A) citizens, legal persons or other organizations to be able to decide independently;
(B) the market competition mechanism can be effectively regulated;
(C) industry organizations or intermediary institutions for self-regulation;
(4) An administrative authority able to solve other administrative supervision afterwards.
Article XIV matters listed in Article 12, the law can be an administrative license. Not laws, administrative regulations, administrative licenses may be.
Necessary, the State Council issued the decision to establish administrative licenses. Except temporary administrative licensing matters after the implementation of the State Council shall promptly brought to the National Peoples Congress and its Standing Committee to make laws or formulate administrative regulations.
Article XV matters listed in Article 12, has not yet developed the laws and administrative regulations, local laws and regulations, administrative license may be; laws, administrative regulations and local laws and regulations have not yet developed due to the needs of the administration, indeed requiring immediate implementation of administrative licensing, provinces, autonomous regions, municipalities directly under the Central Peoples Government can set up a temporary administrative license regulations. Administrative license need to continue the implementation of the implementation of the full year should be submitted to the Peoples Congress and its Standing Committee to enact local laws and regulations.
Local laws and regulations and the provinces, autonomous regions, municipalities directly under the central government regulations, shall not be set by the national unity of citizens, legal persons or other organizations to determine the qualifications of the administrative licensing should be the establishment of enterprise or other organization; shall set registration and pre sexual administrative license. The administrative license shall not restrict other personal or enterprise engaged in the production and management and provision of services to the region, and shall not be restricted to other parts of the goods into the markets in the region.
Article 16 An administrative regulations in the administrative licensing matters within the scope set by law, to make specific provisions for the implementation of the administrative license.
Local laws and regulations in the administrative licensing matters within the scope of laws, administrative rules and regulations set of specific provisions on the implementation of the administrative licensing.
Regulations may be in the administrative licensing matters within the upper law, to make specific provisions for the implementation of the administrative license.
Rules, regulations make specific requirements for the implementation of administrative licensing upper law, shall not increase the administrative licensing; specific provisions of the conditions of administrative license shall not establish any violation of the upper law.
Article 17 Except for the provisions of Article 14, Article 15, other normative documents will not be allowed to set the administrative licensing.
Article 18 In the administrative licensing, should provide for the implementation of administrative licensing authorities, conditions, procedures and deadlines.
Drafting of Article 19 of the draft law, the draft regulations and draft regulations of provinces, autonomous regions, municipalities directly under the Central Government, to be an administrative license, the drafting unit shall take the form of a hearing, the demonstration will listen to their views and to develop organ to set the the necessity of administrative licensing, the possible impact on the economy and society as well as listen to and accept advice.
The setting of the Article 20 The administrative licensing authority shall periodically conduct evaluation of its established administrative license; able to solve by the methods listed in Article 13 of this administrative licensing set that should set the administrative license shall promptly be amended or abolished.
Implementation of administrative licensing authorities on the implementation of administrative licensing set the situation and the need for timely evaluation and opinion report on the setting of the administrative licensing authorities.
Comments and suggestions of citizens, legal persons or other organizations may be setting authority and implementation of administrative licensing authorities on the establishment and implementation of the administrative licensing.
Twenty-one provinces, autonomous regions, municipalities directly under the Central Government, set of administrative regulations on economic affairs administrative licensing, according to the the administrative regional economic and social development, it is able to solve by the methods listed in Article 13 of this reported to the State Council for approval, you can stop in the administrative area of the implementation of the administrative licensing.
The third chapter of the implementation of administrative licensing authorities
Article 22 The administrative license by the administrative authority with administrative permissions within its statutory remit.
Article 23 laws, regulations authorized to administer public affairs organization, within the authorized scope, in its own name implementation of administrative license. The organization is authorized to applicable provisions of this Law concerning the administrative organ.
Article 24 The administrative authority within its statutory remit, in accordance with the provisions of the laws, regulations, rules, can authorize other administrative organs implementation of administrative license. The commissioned agency should be entrusted to the executive authorities and subject to entrust the implementation of administrative license shall be announced.
Entrusting administrative organ shall be responsible for monitoring the behavior of the authorized administrative organs implementation of administrative license, and be liable for the consequences.
By entrusting administrative organ within the authorized scope, implementation of administrative license in the name of the authorized administrative organs; shall not authorize any other organization or individual to implement administrative licensing.
Article 25 of the approval of the State Council, provinces, autonomous regions, municipalities directly under the central government according to the principles of streamlined, uniform performance, you can decide an exercise of the executive authorities of the executive permission.
Article 26 The administrative license requires administrative organ for multiple agencies, the administrative organ shall determine an institution to accept the administrative license applications and serve all the administrative licensing decision.
Administrative licensing shall be implemented by the local peoples governments above two departments, the peoples government can determine a division of application for administrative license and to convey to the relevant departments were comments uniform handling or organize relevant departments jointly handled centralized processing.
Article 27 The administrative organs to implement administrative permission to the applicant to purchase a specified commodity, to accept fee-for-service and other unreasonable requests.
The executive staff of the administrative license shall not ask for or accept the applicants property, and not seek for other interests.
Article 28 is directly related to public safety, personal health, life and property safety of the equipment, facilities, products, goods inspection, testing, quarantine, outside Except as otherwise provided by law, administrative regulations implemented by the executive, should gradually by the line with statutory conditions of professional and technical organization and implementation. Professional and technical organizations and their staff on the implementation of the conclusions of the inspection, testing, quarantine liable.
Chapter IV implementation of administrative licensing procedures
Section I Application and Acceptance
Article 29 of citizens, legal persons or other organizations engaged in specific activities are required by law to obtain an administrative license shall apply to an administrative body. Application is required text administrative license application text, the administrative organ shall be provided to the applicant. And apply for administrative licensing matters not directly related to the contents of the application form of the text can not contain.
The applicant may appoint a proxy for administrative license. However, the administrative licensing application except in accordance with the law should be made by the applicant to the office of the executive authorities.
The administrative license applications can be made by letter, telegram, telex, fax, electronic data interchange and e-mail.
Article 30 The administrative organ shall be the administrative licensing matters relevant laws, regulations, rules and regulations, based on conditions, the number of procedures, time limit and the need to submit all the materials catalog and the exemplary application text in the office place.
The applicant asks the administrative authority publicity contents described, explained, the administrative organ shall explain, explain, and provide accurate and reliable information.
Article 31 applicants for an administrative license, shall truthfully to the executive authorities to submit relevant materials and reflect the true situation, and is responsible for the authenticity of the substance of their application materials. Independent of the administrative organ shall not require the applicant to submit the administrative licensing matters, technical information and other material.
Article 32 The administrative authority of the applicants administrative licensing application should be according to the following cases were dealt with:
(A) If the matter in accordance with the law do not need to obtain an administrative license, it shall immediately inform the applicant of the rejection;
(B) If the matter is not within the scope of the administrative organ shall immediately make a decision of rejection, and inform the applicant to apply to the relevant administrative authorities;
(C) the application materials exist errors can be corrected on the spot, the applicant shall be allowed to correct them on the spot;
(D) the application materials are incomplete or do not meet the statutory form, it should be on the spot or within five days once inform the applicant to make corrections, fails to inform the date of receipt of the application materials shall be accepted;
(E) If the matter is the administrative organ, application materials are complete and in compliance with the statutory form, or all the supplemented application materials submitted by the applicant in accordance with the requirements of the administrative authorities shall accept the application for administrative license.
Executive authorities accepting or rejecting an application for administrative license shall issue a written certificate stamped with a special seal of the executive authorities and dated.
Article 33 The administrative authority shall establish and improve the system, the implementation of e-government, published on the website of the executive authorities, the administrative licensing matters, and to facilitate the applicants to the means of data messages for administrative license; should be shared with other administrative organs Chief licensing information, and improve efficiency.
Section II examines decision
Article 34 The administrative organ shall review the application materials submitted by the applicant.
Complete application materials submitted by the applicant to comply with the statutory form, administrative agencies are able to make a decision on the spot, the written administrative licensing decisions should be made on the spot.
According to the legal conditions and procedures need to verify the substance of the application materials, the administrative organ shall designate two or more staff for verification.
Article 35 that should be the first by lower administrative organs Shenchahoubao the upper administrative organ of administrative licensing, lower administrative organ shall, within the statutory period will initially review the comments and all the application materials submitted to the superior administrative organ directly. Upper administrative organ shall require the applicant to provide the application materials.
Article 36 The administrative authority to review applications for administrative license, administrative licensing matters directly related to the material interests of others, it shall inform the interested party. Applicant, interested parties have the right to make a statement and defense. Administrative organ shall listen to the views of the applicant and the interested.
Article 37 The administrative authority to review applications for administrative license, except administrative licensing decision is made on the spot, it should be in accordance with the prescribed procedures within the statutory period of administrative license decisions.
Article 38 The application of the applicant meets the statutory requirements and standards, the administrative organ shall make a written decision to grant an administrative license.
Administrative organs according to law no administrative license written decision shall explain the reasons, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit right.
Article 39 The administrative authority to make the decision to grant an administrative license issued administrative license, should be stamped with the seal of the executive authorities the following administrative license issued to the applicant:
(A) permit, license or permit;
(B) Qualification certificate, certificate or other qualification certificate;
(C) the approval of the executive authorities file or document;
(D) laws and regulations of other administrative permits.
Administrative organs to implement the inspection, testing, quarantine, inspection, testing, quarantine inspection of equipment, facilities, products, articles labeling or stamp of inspection, testing, quarantine seal.
Article 40 The administrative decision of the approval of the administrative licensing decision should be made public, and the public right of access.
Article 41 laws, administrative rules and regulations set by the administrative licensing, its scope is not geographical restrictions, the applicant has obtained administrative license valid nationwide.
Section 3 Time Limit
Article 42 In addition to the administrative licensing decision can be made on the spot outside the administrative organs shall accept administrative licensing application within 20 days of administrative license decisions. 20 days can not make a decision, approved by the person in charge of the administrative organs, can be extended on the 10th, and shall inform the applicant of the reason for extension. However, as otherwise provided by the laws and regulations in accordance with its provisions.
Administrative license in accordance with the provisions of Article 26 of the uniform handling or jointly or centralized processing, the period shall not exceed 45 days; it can not be completed in forty-five days, after the person in charge of the peoples government The approval may be extended on the 15th, and the extension shall be notified of the reason for the applicant.
Article 43 which shall be the first by lower administrative organs Shenchahoubao the upper administrative organ of administrative licensing, lower administrative organ shall be accepted from its administrative licensing examination within 20 days from the date of application is completed. However, as otherwise provided by the laws and regulations in accordance with its provisions.
Article 44 The administrative authority to make the decision to grant an administrative license shall be made within ten days from the date of the decision issued to the applicant served on the administrative license, or labeling, stamped with the inspection, testing, quarantine seal.
Article 45 The administrative authority to make the decision of the administrative licensing hearing, bidding, auction, inspection, testing, quarantine, identification, and expert assessment, required by law, the required time shall not within the time limit prescribed in this section. Administrative authority shall inform the applicant in writing of the time required.
Hearing as
Article 46 of the law, regulations, rules and regulations implementing an administrative license should be hearing the matter, or administrative authority considers other major administrative licensing matters involving the public interest require a hearing, the administrative organ shall be announced to the public, and hold a hearing.
Article 47 of the administrative licensing directly related to the significant interest in the applicant or others, the executive authorities before making a decision on the administrative license, it shall inform the applicant, interested parties enjoy the right to request a hearing; applicant or interested party within 5 days from the date of the hearing rights application for a hearing, the administrative organ shall organize a hearing within 20 days.
Applicants and the parties do not bear the costs of the executive organization of the hearing.
The Article 48 hearing in accordance with the following procedures:
(A) The administrative organ shall, at the hearings will be held seven days before the hearing time, place, notify the applicant of the interested parties, if necessary, shall be published;
(B) The hearing shall be held in public;
(C) The administrative organ shall designate staff other than the staff review of the administrative licensing application to host the hearing, the applicant or interested party believes that the person has a direct interest in the relationship between the administrative licensing matters, the right to apply for withdrawal;
(D) hold a hearing, the license application for review of the administrative staff should provide evidence of review comments, the reason, the applicant, any interested party may present evidence, and the defense and cross;
(E) The hearing shall be made in writing to the hearing shall be shown to the participants of the hearing to confirm the correct signed or sealed.
The administrative organ shall, according to the transcripts of the hearing, make a decision on the administrative license.
Section 5 Modification and Extension
Article 49 Where a licensee requests to change the administrative licensing matters, shall apply to the administrative authority to make administrative licensing decision; meet the statutory requirements, standards, the administrative organ shall modify the procedures.
Article 50 licensee needs to extend the validity of the administrative license obtained in accordance with the law, should the validity of the administrative license expires on the 30th to make an application to the administrative authority to make administrative licensing decision. However, the laws, regulations, rules otherwise provided, in accordance with its provisions.
The administrative organ shall, in accordance with the licensees application and make a decision whether to approve the extension before the expiry of the administrative licensing; fails to make a decision, regarded as the extension has been approved.
Section 6 Special Provisions
Article 51 The implementation of administrative licensing procedures in this section provided, this Section shall apply; This section does not provide, other relevant provisions of this chapter apply.
Article 52 of the State Council administrative licensing procedures, applicable provisions of the relevant laws and administrative regulations.
Article 53 to Article 12 of the items listed in the administrative license, the administrative organ shall, through bidding, auction and fair competition decision. But otherwise provided by laws and administrative regulations, in accordance with its provisions.
Administrative organs through bidding, auction, etc. to make the specific procedures of administrative licensing decision, in accordance with the relevant laws and administrative regulations.
Administrative organs according to the bid, the auction process to determine the successful bidder, the buyer shall make a decision to grant an administrative license, issued by the administrative license to the winning bidder in accordance with the law, the buyer.
Executive authorities in violation of the provisions of this article, do not use the tender, auction, or in violation of the bid or auction procedures, damage the legitimate rights and interests of the applicant, the applicant may apply for administrative reconsideration or bring an administrative lawsuit.
Article 54 Article 12 of the third administrative licensing matters listed, given the specific qualifications of citizens in accordance with the law should be held the national examination, the administrative organs of administrative license decisions based on test scores and other statutory requirements; conferment of legal personality or other tissue-specific qualifications, qualified administrative organs according to the applicants professionals constitute technical condition, results of operations and management of the level of assessment results to make a decision on the administrative license. But otherwise provided by laws and administrative regulations, in accordance with its provisions.
Special qualification examination for the citizens shall be implemented by the executive or industry organizations, to be held in public. Conditions of the administrative organ or trade organization shall announce the registration of the qualifying examination, the candidates approach the subjects and examination syllabus. However, not allowed to organize the mandatory qualification exam exam training not designated materials or other supplementary material.
Article 55 of the implementation of licensing matters listed in item 4 of Article 12, shall in accordance with the technical standards, technical specifications shall be tested according to the results of the inspection, testing, quarantine, detect, quarantine, administrative organs to make administrative licensing decisions.
Administrative organs to implement the inspection, testing, quarantine, shall accept the application within five days to designate two or more staff in accordance with the technical standards, technical specifications, inspection, testing, and quarantine. Does not require inspection, testing and quarantine results for further technical analysis to identify the equipment, facilities, products, and whether the items are to comply with the technical standards, technical specifications, the administrative organ shall be made on the spot decision of the administrative licensing.
Administrative organs according to the inspection, testing and quarantine results, make no administrative license decision shall be stated in writing no administrative license based on technical standards, technical specifications.
The complete administrative implementation of Article 12 of the Act, the matters listed in Article 56 of the license application materials submitted by the applicant with the statutory form, the administrative organ shall be registered on the spot. The need to verify the substance of the application materials, the executive authorities handled in accordance with the provisions of the provisions of Article 34 (3).
Article 57 there is a limit to the number of administrative license, the application of two or more applicants meet the statutory requirements, standards, the administrative organ shall be made according to the order of application for administrative license granted administrative licensing decision. But otherwise provided by laws and administrative regulations, in accordance with its provisions.
The Chapter administrative licensing costs
Article 58 The administrative authority to supervise and inspect the implementation of administrative license and administrative licensing matters, shall not charge any fees. But otherwise provided by laws and administrative regulations, in accordance with its provisions.
Executive authorities to provide administrative license application shall not charge.
Administrative organs to implement the administrative licensing requirements should be included in the budget of the executive authorities, the level of financial protection, in accordance with the approved budget to be appropriated.
Article 59 The administrative authority implementation of administrative license fee, in accordance with the laws and administrative regulations, shall, in accordance with the the announced statutory items and standard charges; fees charged must be turned over to the state treasury, any organ or individual shall not in any form of interception, misappropriation , embezzle or in disguised. Financial sector must not return to the executive authorities in any form or in a disguised return to the implementation of administrative licensing fees charged.
Chapter VI Supervision and Inspection
Article 60 of the higher administrative authorities shall strengthen the implementation of administrative licensing, supervision and inspection of the lower administrative organs, and promptly correct the violations in the implementation of administrative licensing.
Article 61 The administrative authority shall establish and improve the supervision system, reflected through the verification of the licensee to engage in the activities of the administrative licensing matters related materials, to fulfill their supervisory responsibilities.
Administrative organs in accordance with the law on the supervision and inspection of the licensee engaged in the activities of the administrative licensing matters, should be the supervision and inspection of the situation and deal with the results to be recorded, archived after being signed by the supervisors and inspectors. The public right of access to the records of the supervision and inspection of the executive authorities.
The administrative organ shall create conditions to achieve with the licensee, and other relevant administrative organs archival computer systems, verification of the licensee engaged in the activities of the administrative licensing items.
Article 62 The administrative authority may carry out random checks on licensed production and operation of the product in accordance with the law, inspection, testing, on-site inspections of its production premises in accordance with the law. Examination, the administrative authorities can legally access or require the licensee to submit relevant materials; licensee shall truthfully provide relevant information and materials.
Administrative organs according to the provisions of laws and administrative regulations, directly related to public safety, human health, life and property safety of equipment, facilities, periodic inspection. Inspection, shall issue the appropriate documents.
Article 63 The administrative authority to conduct supervision and inspection, and shall not impede the normal production and business activities of the licensee shall not ask for or accept the licensees property, and not seek for other interests.
Article 64 of the licensee in the area outside the jurisdiction of the administrative organs of administrative license decisions in administrative licensing items illegal activities, violations occurred, the administrative organ shall be permitted illegal facts, the processing results Chaogu make administrative permission of the decision of the administrative organs.
Article 65 individuals and organizations have found illegal to engage in administrative licensing matters activities, and the right to report to the executive authorities, executive authorities should verify and deal with.
Article 66 Where a licensee fails to perform in accordance with the law development and utilization of natural resources, obligations or fails to carry out its administrative organ shall order the use of public resources, within a time limit; licensee not to make corrections within a prescribed period, the administrative organ shall, in accordance with the relevant laws administrative regulations to be dealt with.
Article 67 industry-specific market access achieved directly related to public interests administrative license licensee service standards should be in accordance with national regulations, the standard tariff and administrative organs of the conditions laid down by law, to the user to provide a safe, convenient, stable service and reasonable prices, and to fulfill the universal service obligation; without of administrative licensing decisions made by the executive authorities approval, and shall not stop or suspend their doors.
The licensee does not fulfill the obligations specified in the preceding paragraph, the administrative organ shall be ordered to make corrections within a time limit, or in accordance with the law and urge them to take effective measures to fulfill their obligations.
Article 68 is directly related to public safety, human health, life and property safety of equipment, facilities, the administrative organ shall supervise the design, construction, installation and use in establishing the appropriate self-test system.
Executive authorities in the supervision and inspection, directly related to public safety, human health, life and property safety of equipment, facilities there are security risks, should be ordered to stop the construction, installation, and use of, and ordered the design, construction, installation and use of units immediately corrected .
Article 69 of the following circumstances, to make administrative licensing decision, the administrative organ or the superior administrative organ, according to the request of the interested party or ex officio, administrative license may be revoked:
(A) the executive staff of abuse of authority, dereliction of duty to make the decision to grant administrative license;
(B) beyond its statutory authority to make the decision to grant administrative license;
(C) in violation of legal procedures to make the decision to grant administrative license;
(D) grant an administrative license applicants do not have eligibility criteria or do not meet the statutory requirements;
(E) administrative license may be revoked in accordance with the law of other situations.
Licensee deception, bribery and other improper means to obtain an administrative license should be revoked.
Administrative license revocation in accordance with the provisions of the preceding two paragraphs, may cause significant harm to the public interest, unless canceled.
Administrative license revocation in accordance with the provisions of the first paragraph, and damage to the legitimate rights and interests of the licensee, the administrative organ shall pay compensation in accordance with the law. Administrative license revocation in accordance with the provisions of paragraph 2 of this section, the licensee based on the interests of administrative license unprotected.
Article 70 of the following circumstances, the administrative organ shall be handled according to law on administrative licensing procedures for the cancellation:
(A) administrative license expiry has not been extended;
(B) administrative license granted to citizens of specific qualifications, death or incapacity of the citizen;
(C) legal persons or other organizations is terminated in accordance with law;
(D) administrative license is revoked, withdrawn, or administrative license shall be revoked;
(E) can not be implemented due to force majeure administrative licensing matters;
(Vi) laws, regulations, administrative license shall be canceled other cases.
Chapter VII Legal Liability
Article 71 in violation of Article 17 of this Law set administrative license, the relevant authorities shall order the authorities to correct the administrative license be revoked in accordance with the law.
Article 72 The administrative organs and their staff, in violation of the provisions of this Act, the following circumstances, shall be ordered to make corrections by its superior administrative or supervisory authorities; circumstances are serious, the executives directly responsible and other directly responsible personnel shall be given administrative sanctions:
(A) to meet the statutory requirements of the administrative licensing application inadmissible;
(B) not in the office place should be in accordance with the law of publicity materials;
(C) in the process of accepting, examining and deciding an administrative license, not to the applicant, interested parties of the legal obligation to inform;
(4) The applicant submitted the application materials are incomplete, does not comply with the statutory form, not once inform all applicants must be corrected;
(E) Failure to instructions will not be accepted administrative licensing application or not why the administrative license;
(F) The hearing shall be held in accordance with the law without hearings.
Article 73 of the executive staff of the administrative license, supervise and inspect the solicitation or acceptance of other peoples property or seek other interests, constitutes a crime, be held criminally responsible; does not constitute a crime, shall be given administrative sanctions.
Article 74 The administrative authority implementation of administrative license, one of the following circumstances, be ordered to correct its higher administrative or supervisory authorities, directly in charge and other directly responsible personnel shall be given administrative sanctions; constitute a crime, according to the law criminal liabilities:
(A) the applicant does not meet the statutory conditions to grant an administrative license or beyond its statutory powers to approve an administrative licensing decision;
(B) no administrative license the applicant meets the statutory conditions or is not made within the statutory time limit decision to grant administrative license;
(C) in accordance with the law should be based on merit-based decision to approve an administrative license without bidding, auction or examinations, or not according to the tender, auction results or exam scores the decision to grant an administrative license tender, auction results or test scores.
Article 75 The administrative authority implementation of administrative license, unauthorized charges or not in accordance with the statutory items and standard charges, and ordered to refund illegal fees charged by its superior administrative or supervisory authorities; directly in charge and other directly responsible personnel in accordance with the law given administrative sanctions.
Withhold or misappropriate, embezzle or in disguised implementation of administrative license fees collected shall be recovered; directly in charge and other directly responsible personnel shall be given administrative sanctions according to law; constitutes a crime, be held criminally responsible.
Article 76 The administrative authority illegal implementation of administrative licensing, damage to the legitimate rights and interests of the parties concerned, compensation shall, in accordance with the provisions of the Law on State Compensation.
Article 77 of the executive authorities do not carry out its oversight responsibilities or ineffective oversight, causing serious consequences, by its superior administrative or supervisory authorities be ordered to correct personnel directly in charge and other persons directly responsible shall be given administrative sanctions according to law; constitute a crime , be held criminally responsible.
Article 78 The administrative license applicants did not disclose relevant information or providing false materials, apply for administrative license, the administrative organ shall not accept or no administrative license and given a warning; administrative license directly related to public security, human health, life and property security matters, the applicant is allowed to re-apply in one year of the administrative license.
Article 79 of the licensee to fraud, bribery and other improper means to obtain an administrative license, the administrative organ shall be given administrative punishment according to the law; obtained administrative license is directly related to public safety, human health, life and property safety matters, the applicant not apply again within three years of the administrative license; constitutes a crime, be held criminally responsible.
Article 80 The licensee of the following acts, the administrative organ shall be given administrative punishment according to law; constitutes a crime, shall be investigated for criminal liability:
(A) altered, reselling, rent, lend administrative license or other form of illegal transfer of administrative license;
(B) go beyond the scope of administrative licensing activities;