Law of the the People's Republic of China on Administrative Licensing (2019 Amendment)

(Adopted at the Fourth Meeting of the Standing Committee of the Tenth National People's Congress on August 27, 2003, and amended in accordance with the Decision on Amending Eight Laws Including the the People's Republic of China Construction Law at the Tenth Meeting of the Standing Committee of the Thirteenth National People's Congress on April 23, 2019)

Directory
Chapter I General Provisions
Chapter II Setting of Administrative License
Chapter III Implementing Organs for Administrative Licensing
Chapter IV Procedures for the Implementation of Administrative Licensing
Section 1 Application and Acceptance
Section II Review and Decision
Section III Duration
Section 4 Hearing
Section 5 Change and Continuation
Section VI Special Provisions
Chapter V Fees for Administrative Licensing
Chapter VI Supervision and Inspection
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions

Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to regulate the establishment and implementation of administrative licenses, protect the legitimate rights and interests of citizens, legal persons and other organizations, safeguard public interests and social order, and ensure and supervise the effective implementation of administrative management by administrative organs.
Article 2 The term "administrative license" as mentioned in this Law refers to the act of an administrative organ granting permission to a citizen, a legal person or any other organization to engage in specific activities upon application and examination according to law.
Article 3 This Law shall apply to the establishment and implementation of administrative licenses.
This Law shall not apply to the examination and approval of personnel, financial and foreign affairs matters of other organs or institutions under their direct management by the relevant administrative organs.
Article 4 The establishment and implementation of an administrative license shall be in accordance with the statutory authority, scope, conditions and procedures.
Article 5 The establishment and implementation of administrative licenses shall follow the principles of openness, fairness, impartiality and non-discrimination.
Provisions on administrative licensing shall be published; those that have not been published shall not be used as the basis for the implementation of administrative licensing. The implementation and results of an administrative license shall be made public, except for those involving state secrets, commercial secrets or personal privacy. Without the consent of the applicant, the administrative organ and its staff, personnel participating in the expert review, etc. shall not disclose the trade secrets, undisclosed information or confidential business information submitted by the applicant, except as otherwise provided by law or involving national security and major social and public interests; if the administrative organ discloses the above-mentioned information of the applicant according to law, the applicant shall be allowed to raise objections within a reasonable period of time.
If the applicant meets the statutory conditions and standards, the applicant shall have the equal right to obtain an administrative license in accordance with the law, and the administrative organ shall not discriminate against anyone.
Article 6 The implementation of administrative licensing shall follow the principle of convenience to the people, improve work efficiency and provide quality services.
Article 7 Citizens, legal persons or other organizations shall have the right to make statements and the right to defend themselves against the implementation of an administrative license by an administrative organ; they shall have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law; if their legitimate rights and interests are harmed by the illegal implementation of an administrative license by an administrative organ, they shall have the right to demand compensation in accordance with the law.
Article 8 Administrative licenses obtained by citizens, legal persons or other organizations in accordance with the law shall be protected by law, and administrative organs shall not change the administrative licenses that have come into force without authorization.
If the laws, regulations and rules on which the administrative license is based are amended or abolished, or the objective circumstances on which the administrative license is granted change significantly, the administrative organ may, in order to meet the needs of public interests, change or withdraw the effective administrative license according to law. If property losses are caused to citizens, legal persons or other organizations as a result, the administrative organs shall compensate them in accordance with the law.
Article 9 An administrative license obtained in accordance with the law shall not be transferred except for those that may be transferred in accordance with the statutory conditions and procedures as stipulated by laws and regulations.
Article 10 The people's governments at or above the county level shall establish and improve the supervision system for the implementation of administrative licenses by administrative organs, and strengthen the supervision and inspection of the implementation of administrative licenses by administrative organs.
Administrative organs shall exercise effective supervision over the activities of citizens, legal persons or other organizations engaged in administrative licensing matters.

Chapter II Setting of Administrative License
Article 11 The establishment of an administrative license shall follow the laws of economic and social development, be conducive to giving full play to the enthusiasm and initiative of citizens, legal persons or other organizations, safeguarding public interests and social order, and promoting the coordinated development of economy, society and ecological environment.
Article 12 An administrative license may be established for the following matters:
(I) matters directly related to national security, public security, economic macro-control, ecological environment protection, and specific activities directly related to personal health, life and property safety, which need to be approved in accordance with legal conditions;
Matters that require specific rights (II) the development and utilization of limited natural resources, the allocation of public resources, and market access for specific industries directly related to public interests;
(III) occupations and industries that provide public services and are directly related to public interests, it is necessary to determine the qualifications and qualifications with special reputation, special conditions or special skills;
Matters (IV) important equipment, facilities, products and articles directly related to public safety, personal health and safety of life and property that need to be examined and approved through inspection, testing and quarantine in accordance with technical standards and technical specifications;
(V) the establishment of enterprises or other organizations, etc., the need to determine the subject qualification matters;
Other matters for which an administrative license may be established in (VI) with the provisions of laws and administrative regulations.
Article 13 An administrative license may not be established if the matters listed in Article 12 of this Law can be regulated in the following ways:
(I) citizens, legal persons or other organizations can make their own decisions;
(II) market competition mechanism can effectively regulate;
(III) trade organizations or intermediary institutions can self-discipline management;
(IV) administrative organs can solve the problem by adopting other administrative management methods such as ex post supervision.
Article 14 Administrative licenses may be established by law for the matters listed in Article 12 of this Law. Where no law has been enacted, administrative licensing may be established by administrative regulations.
When necessary, the State Council may establish an administrative license by issuing a decision. After implementation, except for the temporary administrative licensing matters, the State Council shall promptly request the National People's Congress and its Standing Committee to formulate laws, or formulate administrative regulations on its own.
Article 15 For the matters listed in Article 12 of this Law, where laws and administrative regulations have not yet been enacted, administrative licenses may be established by local regulations; where laws, administrative regulations and local regulations have not yet been enacted, due to the needs of administrative management, if it is really necessary to implement administrative licenses immediately, the regulations of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may establish temporary administrative licenses. If a temporary administrative license has been implemented for one year and needs to be continued, it shall be submitted to the people's congress and its standing committee at the corresponding level to formulate local regulations.
Local regulations and the rules of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall not establish administrative licenses for the qualifications and qualifications of citizens, legal persons or other organizations that should be determined by the state; they shall not establish the establishment registration of enterprises or other organizations and their pre-establishment Administrative license. The administrative license established by it shall not restrict individuals or enterprises from other regions to engage in production and business operations and provide services in the region, and shall not restrict the entry of goods from other regions into the local market.
Article 16 Administrative regulations may, within the scope of administrative licensing matters set by law, make specific provisions on the implementation of the administrative license.
Local regulations may, within the scope of administrative licensing matters set by laws and administrative regulations, make specific provisions on the implementation of the administrative license.
The regulations may make specific provisions for the implementation of the administrative license within the scope of the administrative license items set by the upper law.
The specific provisions of the regulations and rules on the implementation of the administrative license set by the upper law shall not be added to the administrative license; the specific provisions on the conditions of the administrative license shall not be added to other conditions that violate the upper law.
Article 17 Except as provided for in Articles 14 and 15 of this Law, no administrative license shall be established in any other normative document.
Article 18 For the establishment of an administrative license, the implementing organ, conditions, procedures and time limit of the administrative license shall be specified.
Article 19 Where draft laws, draft regulations and draft rules of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government intend to set up an administrative license, the drafting unit shall listen to opinions in the form of hearings and argumentation meetings, and explain to the enacting organ the necessity of setting up the administrative license, the possible impact on the economy and society, and the situation of listening to and adopting opinions.
Article 20 The establishment organ of an administrative license shall regularly evaluate the administrative license it has established; if it considers that the established administrative license can be solved by the means listed in Article 13 of this Law, it shall amend or abolish the provisions on the establishment of the administrative license in a timely manner.
The implementing organ of the administrative license may timely evaluate the implementation of the established administrative license and the necessity of its existence, and report its opinions to the establishment organ of the administrative license.
Citizens, legal persons or other organizations may put forward opinions and suggestions on the establishment and implementation of administrative licenses to the establishment and implementation organs of administrative licenses.
Article 21 Where the people's government of a province, autonomous region or municipality directly under the Central Government considers that an administrative license relating to economic affairs established by an administrative regulation can be resolved by the means listed in Article 13 of this Law in the light of the economic and social development of its administrative region, the implementation of the administrative license may be suspended within its administrative region upon approval by the State Council.

Chapter III Implementing Organs for Administrative Licensing
Article 22 An administrative license shall be implemented by the administrative organ with the power of administrative license within the scope of its statutory functions and powers.
Article 23 Organizations authorized by laws and regulations with the function of managing public affairs shall, within the scope of statutory authorization, implement administrative licensing in their own name. The provisions of this Law concerning administrative organs shall apply to authorized organizations.
Article 24 An administrative organ may, within the scope of its statutory functions and in accordance with the provisions of laws, regulations and rules, entrust other administrative organs to implement the administrative license. The entrusting organ shall announce the contents of the entrusted administrative organ and the entrusted implementation of the administrative license.
The entrusting administrative organ shall be responsible for supervising the implementation of administrative licensing by the entrusted administrative organ and shall bear legal responsibility for the consequences of the act.
The entrusted administrative organ shall, within the scope of entrustment, implement the administrative license in the name of the entrusting administrative organ; no other organization or individual shall be entrusted to implement the administrative license.
Article 25 With the approval of the State Council, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the principles of simplification, unity and effectiveness, decide on an administrative organ to exercise the power of administrative license of the relevant administrative organ.
Article 26 Where an administrative license needs to be handled by multiple agencies within an administrative agency, the administrative agency shall determine an agency to uniformly accept administrative license applications and uniformly serve administrative license decisions.
Where an administrative license is implemented separately by two or more departments of the local people's government in accordance with the law, the people's government at the corresponding level may determine a department to accept the application for administrative license and convey it to the relevant departments for unified handling after they have put forward their opinions, or organize the relevant departments to jointly handle it or centrally handle it.
Article 27 When implementing an administrative license, an administrative organ shall not make any improper request to an applicant, such as purchasing designated commodities or receiving paid services.
When handling administrative license, the staff of the administrative organ shall not ask for or accept the property of the applicant, and shall not seek other benefits.
Article 28 the inspection, testing and quarantine of equipment, facilities, products and articles directly related to public security, personal health and safety of life and property shall be gradually organized and implemented by professional and technical organizations that meet the statutory conditions, except those prescribed by laws and administrative regulations by administrative organs. Professional and technical organizations and their relevant personnel shall bear legal responsibility for the conclusions of inspection, testing and quarantine carried out.

Chapter IV Procedures for the Implementation of Administrative Licensing
Section 1 Application and Acceptance
Article 29 Where a citizen, a legal person or any other organization engages in a specific activity and needs to obtain an administrative license according to law, it shall file an application to an administrative organ. If the application requires a format text, the administrative organ shall provide the applicant with the format text of the application for administrative license. The formal text of the application shall not contain any content not directly related to the application for administrative licensing.
The applicant may entrust an agent to file an application for administrative license. However, except where the applicant shall file an application for administrative license at the office of the administrative organ according to law.
An application for an administrative license may be filed by means of letter, telegram, telex, fax, electronic data interchange and e-mail.
Article 30 The administrative organ shall publicize the matters, basis, conditions, quantity, procedures and time limit of the administrative license stipulated by laws, regulations and rules, as well as the catalogue of all materials to be submitted and the model text of the application.
If the applicant requests the administrative organ to explain and explain the contents of the publicity, the administrative organ shall explain and explain and provide accurate and reliable information.
Article 31 When applying for an administrative license, an applicant shall truthfully submit relevant materials to the administrative organ and reflect the true situation, and shall be responsible for the authenticity of the substance of the application materials. The administrative organ shall not require the applicant to submit technical data and other materials that have nothing to do with the administrative licensing matters it applies.
Administrative organs and their staff shall not make the transfer of technology a condition for obtaining an administrative license, and shall not directly or indirectly require the transfer of technology in the process of implementing an administrative license.
Article 32 An administrative organ shall handle an application for administrative license submitted by an applicant according to the following circumstances:
(I) the application does not require an administrative license in accordance with the law, it shall immediately inform the applicant not to accept it;
(2) If the application does not fall within the scope of functions and powers of the administrative organ according to law, it shall immediately make a decision not to accept the application and inform the applicant to apply to the relevant administrative organ;
If there are errors in the (III) application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot;
If the (IV) application materials are incomplete or do not conform to the legal form, the applicant shall be informed of all the contents that need to be supplemented and corrected on the spot or within five days. If the application materials are not notified within the time limit, the application shall be accepted from the date of receipt;
(V) the application matters fall within the scope of functions and powers of the administrative organ, the application materials are complete and conform to the legal form, or the applicant submits all the application materials for correction in accordance with the requirements of the administrative organ, the application for administrative license shall be accepted.
When accepting or remitting an application for administrative license, an administrative organ shall issue a written certificate stamped with the special seal of the administrative organ and dated.
Article 33 Administrative organs shall establish and improve relevant systems, promote e-government, publish administrative licensing matters on the website of administrative organs, and facilitate applicants to apply for administrative licensing by means of data messages; they shall share relevant administrative licensing information with other administrative organs to improve work efficiency.

Section II Review and Decision
Article 34 The administrative organ shall examine the application materials submitted by the applicant.
If the application materials submitted by the applicant are complete and conform to the legal form, and the administrative organ can make a decision on the spot, it shall make a written decision on the administrative license on the spot.
Where it is necessary to verify the substance of the application materials in accordance with the statutory conditions and procedures, the administrative organ shall assign two or more staff members to carry out the verification.
Article 35 For an administrative license that shall be examined by a lower-level administrative organ and then submitted to a higher-level administrative organ for decision, the lower-level administrative organ shall directly submit the preliminary examination opinions and all application materials to the higher-level administrative organ within the statutory time limit. The administrative organ at a higher level shall not require the applicant to provide the application materials repeatedly.
Article 36 When examining an application for an administrative license, if an administrative organ finds that the matters under the administrative license are directly related to the vital interests of others, it shall inform the interested party. The applicant and interested parties shall have the right to make statements and defend themselves. The administrative organ shall hear the opinions of the applicant and the interested party.
Article 37 After examining the application for an administrative license, the administrative organ shall make a decision on the administrative license within the statutory time limit in accordance with the prescribed procedures, except for the case where a decision on the administrative license is made on the spot.
Article 38 If the applicant's application meets the statutory conditions and standards, the administrative organ shall make a written decision on granting the administrative license in accordance with the law.
If an administrative organ makes a written decision not to grant an administrative license according to law, it shall state the reasons and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 39 If an administrative organ makes a decision to grant an administrative license and needs to issue an administrative license, it shall issue the following administrative license documents with the seal of the administrative organ to the applicant:
(I) permits, licenses or other permits;
(II) qualification certificate, qualification certificate or other qualification certificate;
The approval document or certification document of the (III) administrative organ;
(IV) other administrative licensing documents stipulated by laws and regulations.
Where an administrative organ carries out inspection, testing or quarantine, it may affix a label or affix an inspection, testing or quarantine seal to the equipment, facilities, products or articles that have passed the inspection, testing or quarantine.
Article 40 The decision on the approval of an administrative license made by an administrative organ shall be made public and the public shall have the right to consult it.
Article 41 Where there is no geographical restriction on the scope of application of an administrative license established by laws or administrative regulations, the administrative license obtained by the applicant shall be valid throughout the country.

Section III Duration
Article 42 The administrative organ shall make a decision on administrative license within 20 days from the date of accepting the application for administrative license, except that the decision on administrative license may be made on the spot. If a decision cannot be made within 20 days, it may be extended for 10 days with the approval of the person in charge of the administrative organ, and the applicant shall be informed of the reasons for the extension. However, if there are other provisions in laws and regulations, such provisions shall prevail.
In accordance with the provisions of Article 26 of this Law, if the administrative license is handled uniformly, jointly or centrally, the time for handling shall not exceed 45 days; if it cannot be completed within 45 days, it may be extended for 15 days with the approval of the person in charge of the people's government at the corresponding level, and the applicant shall be informed of the reasons for the extension.
Article 43 For an administrative license that shall be examined by a lower-level administrative organ and then submitted to a higher-level administrative organ for decision, the lower-level administrative organ shall complete the examination within 20 days from the date of accepting the application for administrative license. However, if there are other provisions in laws and regulations, such provisions shall prevail.
Article 44 When an administrative organ makes a decision to grant an administrative license, it shall, within ten days from the date of making the decision, issue and serve the certificate of administrative license to the applicant, or affix a label, seal for inspection, testing and quarantine.
Article 45 If an administrative organ makes an administrative licensing decision and requires hearing, bidding, auction, inspection, testing, quarantine, appraisal and expert review according to law, the time required shall not be counted in the time limit specified in this section. The administrative organ shall inform the applicant of the required time in writing.

Section 4 Hearing
Article 46 The administrative organ shall make an announcement to the public and hold a hearing on the matters that the laws, regulations and rules stipulate that the implementation of the administrative license shall be heard, or other major administrative license matters involving public interests that the administrative organ deems necessary to be heard.
Article 47 Where an administrative license directly involves a significant interest relationship between the applicant and others, the administrative organ shall, before making a decision on the administrative license, inform the applicant and the interested party of the right to request a hearing; if the applicant and the interested party submit an application for a hearing within five days from the date of being informed of the right to a hearing, the administrative organ shall organize a hearing within 20 days.
The applicant and the interested party shall not bear the expenses incurred by the administrative organ in organizing the hearing.
Article 48 A hearing shall be conducted in accordance with the following procedures:
The (I) administrative organ shall notify the applicant and interested parties of the time and place of the hearing seven days before the hearing is held, and make a public announcement when necessary;
(II) hearings shall be held in public;
The (III) administrative organ shall designate a person other than the staff examining the administrative license application as the presiding officer of the hearing, and if the applicant or interested party considers that the presiding officer has a direct interest in the administrative license matter, he shall have the right to apply for withdrawal;
When the (IV) holds a hearing, the staff member who examines the administrative license application shall provide evidence and reasons for the examination opinions, and the applicant and interested parties may present evidence, and make arguments and cross-examinations;
A transcript of the (V) hearing shall be made, and the transcript of the hearing shall be submitted to the hearing participants for signature or seal after confirmation.
The administrative organ shall make a decision on administrative licensing according to the record of hearing.

Section 5 Change and Continuation
Article 49 If a licensee requests to change the items under administrative license, it shall apply to the administrative organ that made the decision on administrative license; if the legal conditions and standards are met, the administrative organ shall go through the formalities of change in accordance with the law.
Article 50 Where a licensee needs to extend the validity period of an administrative license obtained in accordance with the law, it shall apply to the administrative organ that made the decision on the administrative license 30 days before the expiration of the validity period of the administrative license. However, if there are other provisions in laws, regulations and rules, such provisions shall prevail.
The administrative organ shall, on the basis of the application of the licensee, make a decision on whether to grant the renewal of the administrative license before the expiration of the term of validity of the administrative license; if no decision is made within the time limit, the renewal shall be deemed to be granted.

Section VI Special Provisions
Article 51 Where there are provisions in this Section for the procedures for the implementation of administrative licenses, the provisions of this Section shall apply; where there are no provisions in this Section, the other relevant provisions of this Chapter shall apply.
Article 52 The procedures for the implementation of administrative licensing by the State Council shall be governed by the provisions of relevant laws and administrative regulations.
Article 53 For the implementation of an administrative license for the matters listed in Item 2 of Article 12 of this Law, the administrative organ shall make a decision by means of fair competition such as bidding and auction. However, if there are other provisions in laws and administrative regulations, such provisions shall prevail.
The specific procedures for administrative organs to make decisions on administrative licensing through bidding, auction and other means shall be in accordance with the provisions of relevant laws and administrative regulations.
After determining the winning bidder and the buyer in accordance with the bidding and auction procedures, the administrative organ shall make a decision to grant the administrative license and issue the administrative license certificate to the winning bidder and the buyer in accordance with the law.
If an administrative organ, in violation of the provisions of this Article, fails to adopt the method of bidding or auction, or violates the procedures of bidding or auction, thus harming the legitimate rights and interests of the applicant, the applicant may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 54 Where the administrative license for the implementation of the matters listed in Item 3 of Article 12 of this Law grants citizens specific qualifications, and the national examination shall be held according to law, the administrative organ shall make an administrative license decision on the basis of the examination results and other legal conditions; where a legal person or other organization is granted specific qualifications or qualifications, the administrative organ shall make an administrative license decision on the basis of the assessment results of the applicant's professional composition, technical conditions, business performance and management level. However, if there are other provisions in laws and administrative regulations, such provisions shall prevail.
The examination of specific qualifications of citizens shall be carried out by administrative organs or trade organizations in accordance with the law and held in public. Administrative organs or trade organizations shall announce in advance the conditions for registration, registration methods, examination subjects and examination outline of the qualification examination. However, no pre-examination training for compulsory qualification examinations shall be organized, and no teaching materials or other examination aids shall be designated.
Article 55 Where an administrative license is to be implemented for the matters listed in Item 4 of Article 12 of this Law, inspection, testing and quarantine shall be carried out in accordance with the technical standards and technical specifications in accordance with the law, and the administrative organ shall make an administrative license decision on the basis of the results of the inspection, testing and quarantine.
When carrying out inspection, testing and quarantine, the administrative organ shall, within five days from the date of accepting the application, assign two or more staff members to carry out inspection, testing and quarantine in accordance with the technical standards and technical specifications. If it is not necessary to make further technical analysis of the results of inspection, testing and quarantine to determine whether the equipment, facilities, products and articles meet the technical standards and technical specifications, the administrative organ shall make an administrative licensing decision on the spot.
If an administrative organ makes a decision not to grant an administrative license on the basis of the results of inspection, testing and quarantine, it shall state in writing the technical standards and specifications on which the administrative license is not granted.
Article 56 For the implementation of an administrative license for the matters listed in Item 5 of Article 12 of this Law, if the application materials submitted by the applicant are complete and conform to the legal form, the administrative organ shall register them on the spot. Where it is necessary to verify the substance of the application materials, the administrative organ shall handle the matter in accordance with the provisions of paragraph 3 of Article 34 of this Law.
Article 57 For an administrative license with quantitative restrictions, if the applications of two or more applicants meet the statutory conditions and standards, the administrative agency shall make a decision to approve the administrative license according to the order of accepting the administrative license applications. However, if there are other provisions in laws and administrative regulations, such provisions shall prevail.

Chapter V Fees for Administrative Licensing
Article 58 Administrative organs shall not charge any fees for the implementation of administrative licensing and the supervision and inspection of administrative licensing matters. However, if there are other provisions in laws and administrative regulations, such provisions shall prevail.
Administrative organs shall not charge fees for providing the format text of the application for administrative license.
The funds required by an administrative organ for the implementation of an administrative license shall be included in the budget of the administrative organ, guaranteed by the finance at the corresponding level, and allocated in accordance with the approved budget.
Article 59 Where an administrative organ collects fees for the implementation of an administrative license in accordance with laws and administrative regulations, it shall collect fees in accordance with the published statutory items and standards; all fees collected must be turned over to the state treasury, and no organ or individual may intercept, misappropriate, privately divide or privately divide in disguised form in any form. The financial department shall not return to the administrative organ in any form or in disguised form the fees collected for the implementation of the administrative license.

Chapter VI Supervision and Inspection
Article 60 Administrative organs at higher levels shall strengthen the supervision and inspection of the implementation of administrative licenses by administrative organs at lower levels, and promptly correct illegal acts in the implementation of administrative licenses.
Article 61 The administrative organ shall establish and improve the supervision system, and perform the supervision responsibility by verifying the relevant materials reflecting the licensee's activities in the administrative licensing matters.
When the administrative organ supervises and inspects the activities of the licensee engaged in the administrative licensing matters in accordance with the law, it shall record the situation of the supervision and inspection and the results of the handling, which shall be filed after being signed by the supervision and inspection personnel. The public shall have the right to consult the records of supervision and inspection by administrative organs.
The administrative organ shall create conditions to realize the interconnection with the computer file system of the licensee and other relevant administrative organs, and verify the licensee's activities in the administrative licensing matters.
Article 62 The administrative organ may conduct sampling inspection, inspection and testing of the products produced and operated by the licensee in accordance with the law, and conduct on-the-spot inspection of its production and operation premises in accordance with the law. During the inspection, the administrative organ may consult or require the licensee to submit the relevant materials in accordance with the law; the licensee shall truthfully provide the relevant information and materials.
Administrative organs shall, in accordance with the provisions of laws and administrative regulations, conduct regular inspections of important equipment and facilities that are directly related to public security, personal health, and the safety of life and property. For those who pass the inspection, the administrative organ shall issue the corresponding certification documents.
Article 63 In carrying out supervision and inspection, the administrative organ shall not obstruct the normal production and business activities of the licensee, solicit or accept the property of the licensee, or seek other benefits.
Article 64: Where a licensee illegally engages in activities of administrative licensing matters outside the jurisdiction of the administrative agency that made the administrative licensing decision, the administrative agency in the place where the illegal act occurred shall, in accordance with the law, copy the licensee's illegal facts and handling results. The administrative agency that made the administrative license decision.
Article 65 Individuals and organizations shall have the right to report to the administrative organs when they find that they are engaged in activities of administrative licensing matters in violation of the law, and the administrative organs shall verify and deal with them in a timely manner.
Article 66 If the licensee fails to perform the obligation of developing and utilizing natural resources or the obligation of utilizing public resources according to law, the administrative organ shall order it to make corrections within a time limit; if the licensee fails to make corrections within the prescribed time limit, the administrative organ shall deal with it in accordance with the provisions of relevant laws and administrative regulations.
Article 67 A licensee who has obtained an administrative license for market access in a specific industry directly related to the public interest shall, in accordance with the service standards and tariff standards prescribed by the state and the conditions prescribed by the administrative organ in accordance with the law, provide users with safe, convenient, stable and reasonably priced services, and perform the obligation of universal service; without the approval of the administrative organ that made the administrative license decision, it shall not suspend or close business without authorization.
If the licensee fails to perform the obligations stipulated in the preceding paragraph, the administrative organ shall order it to make corrections within a time limit, or take effective measures according to law to urge it to perform its obligations.
Article 68 For important equipment and facilities directly related to public security, personal health, life and property safety, the administrative organ shall urge the design, construction, installation and use units to establish corresponding self-inspection systems.
If, during supervision and inspection, an administrative organ discovers that there are potential safety hazards in important equipment and facilities that are directly related to public security, personal health, and the safety of life and property, it shall order the design, construction, installation and use units to stop construction, installation and use, and order the design, construction, installation and use units to make corrections immediately.
Article 69 Under any of the following circumstances, the administrative organ that made the decision on administrative license or its superior administrative organ may revoke the administrative license according to the request of the interested party or according to its functions and powers:
(I) staff members of administrative organs abuse their power or neglect their duties to make decisions on the approval of administrative licenses;
The (II) exceeds its statutory functions and powers to make a decision on the approval of an administrative license;
The (III) makes a decision to grant an administrative license in violation of legal procedures;
(IV) granting an administrative license to an applicant who is not qualified to apply or who does not meet the statutory requirements;
(V) other circumstances under which an administrative license may be revoked according to law.
If a licensee obtains an administrative license by deception, bribery or other improper means, it shall be revoked.
Where the revocation of an administrative license in accordance with the provisions of the preceding two paragraphs may cause significant damage to the public interest, it shall not be revoked.
If an administrative license is revoked in accordance with the provisions of the first paragraph of this Article, and the legitimate rights and interests of the licensee are harmed, the administrative organ shall pay compensation in accordance with the law. Where an administrative license is revoked in accordance with the provisions of the second paragraph of this Article, the interests obtained by the licensee on the basis of the administrative license shall not be protected.
Article 70 Under any of the following circumstances, the administrative organ shall go through the formalities of cancellation of the relevant administrative license according to law:
The (I) administrative license is not renewed upon expiration;
(II) an administrative license conferring a specific qualification on a citizen, the citizen is dead or incapacitated;
The (III) legal person or other organization is terminated according to law;
(IV) the administrative license is revoked or withdrawn according to law, or the certificate of administrative license is revoked according to law;
(V) the matters under administrative license cannot be implemented due to force majeure;
Other circumstances under which the administrative license shall be canceled as prescribed by (VI) laws and regulations.

Chapter VII Legal Liability
Article 71 If an administrative license is established in violation of the provisions of Article 17 of this Law, the relevant authorities shall order the authority that established the administrative license to make corrections or revoke it in accordance with the law.
Article 72 Where an administrative organ or its functionaries violate the provisions of this Law under any of the following circumstances, the administrative organ at a higher level or the supervisory organ shall order it to make corrections; if the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given administrative sanctions in accordance with law:
(I) an application for an administrative license that meets the statutory conditions is not accepted;
The (II) does not publicize the materials that should be publicized according to law in the office;
In the process of accepting, examining and deciding on the administrative license, the (III) fails to perform the statutory obligation of informing the applicant and the interested party;
(IV) the application materials submitted by the applicant are incomplete and do not conform to the legal form, and the applicant is not informed of all the contents that must be supplemented at one time;
(V) illegally disclose the business secrets, undisclosed information or confidential business information submitted by the applicant;
(VI) the transfer of technology as a condition for obtaining an administrative license, or directly or indirectly requires the transfer of technology in the process of implementing the administrative license;
The (VII) fails to state the reasons for not accepting the application for administrative license or not accepting the application for administrative license according to law;
The (VIII) shall hold a hearing according to law and shall not hold a hearing.
Article 73 If a staff member of an administrative organ handles administrative licensing, conducts supervision and inspection, extorts or accepts property from others or seeks other benefits, if the case constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case does not constitute a crime, he shall be given administrative sanctions according to law.
Article 74 If an administrative organ implements an administrative license under any of the following circumstances, the administrative organ at a higher level or the supervisory organ shall order it to make corrections, and the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:
The (I) grants an administrative license to an applicant who does not meet the statutory conditions or makes a decision to grant an administrative license beyond its statutory authority;
The (II) refuses to grant an administrative license to an applicant who meets the statutory conditions or fails to make a decision to grant an administrative license within the statutory time limit;
The (III) shall, in accordance with the law, make a decision to grant an administrative license on the basis of the results of bidding, auction or examination, or without bidding, auction or examination, or without the results of bidding, auction or examination.
Article 75 Where an administrative organ implements an administrative license and collects fees without authorization or fails to collect fees in accordance with statutory items and standards, its superior administrative organ or supervisory organ shall order it to refund the fees illegally collected; the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions according to law.
Those who intercept, misappropriate, privately divide, or privately divide in a disguised form the fees collected in accordance with the law for the implementation of administrative licenses shall be recovered; the directly responsible persons in charge and other directly responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 76 Where an administrative organ illegally implements an administrative license and causes damage to the legitimate rights and interests of the parties, it shall pay compensation in accordance with the provisions of the State Compensation Law.
Article 77 Where an administrative organ fails to perform its supervisory duties or fails to perform its supervisory duties in accordance with the law, thus causing serious consequences, the administrative organ at a higher level or the supervisory organ shall order it to make corrections, and the persons directly in charge and other persons directly responsible shall be given administrative sanctions in accordance with the law; if the case constitutes a crime, criminal responsibility shall be investigated in accordance with the law.
Article 78 If an applicant for administrative license conceals relevant information or provides false materials to apply for administrative license, the administrative organ shall not accept the application or grant the administrative license, and shall give a warning; if the application for administrative license is directly related to public security, personal health, life and property safety, the applicant shall not apply for the administrative license again within one year.
Article 79 Where a licensee obtains an administrative license by deception, bribery or other improper means, the administrative organ shall impose an administrative penalty according to law; if the administrative license obtained is a matter directly related to public security, personal health, life and property safety, the applicant shall not apply for the administrative license again within three years; if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 80 If a licensee commits any of the following acts, the administrative organ shall impose administrative penalties according to law; if the case constitutes a crime, the licensee shall be investigated for criminal responsibility according to law:
(I) alter, resell, lease or lend the certificate of administrative license, or illegally transfer the administrative license in other forms;
(II) activities beyond the scope of administrative licensing;
(III) concealing relevant information from the administrative organ in charge of supervision and inspection, providing false materials or refusing to provide true materials reflecting their activities;
(IV) other illegal acts prescribed by laws, regulations and rules.
Article 81 Where a citizen, a legal person or any other organization, without an administrative license, engages in activities for which an administrative license shall be obtained according to law, the administrative organ shall take measures in accordance with the law to stop it and impose administrative penalties in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Chapter VIII Supplementary Provisions
Article 82 The time limit for an administrative organ to implement an administrative license as stipulated in this Law shall be calculated on working days, excluding statutory holidays.
Article 83 This Law shall enter into force as of July 1, 2004.
The enacting organ shall clear up the provisions on administrative licensing before the implementation of this law in accordance with the provisions of this law; if the provisions do not conform to the provisions of this law, the implementation shall be suspended from the date of implementation of this law.