Administrative Permission Law of the People’s Republic of China
(Adopted at the 4th Meeting of the Standing Committee of the Tenth National People’s Congress on August 27, 2003
and promulgated by Order No.7 of the President of the People’s Republic of China on August 27, 2003)
Contents
Chapter I General Provisions
Chapter II Institution of the Procedure for Administrative Permission
Chapter III Department Granting Administrative Permission
Chapter IV Procedures for Granting Administrative Permission
Section 1 Application and Acceptance
Section 2 Examination and Decision
Section 3 Time Limit
Section 4 Hearing
Section 5 Alteration and Extension
Section 6 Special Provisions
Chapter V Fees for Administrative Permission
Chapter VI Supervision and Inspection
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted in accordance with the Constitution to standardize the institution of the procedure for, and
the granting of, administrative permission, to protect the legitimate rights and interests of citizens, legal persons and other organizations,
to safeguard public interests and maintain public order, and to ensure and supervise the effective exercise of administration by
administrative departments.
Article 2 For purposes of this Law, administrative permission means approval given to citizens, legal persons and other organizations
for engaging in special activities by administrative departments on the basis, and upon examination according to law, of their applications.
Article 3 This Law is applicable to the institution of the procedure for, and the granting of, administrative permission.
This Law is not applicable to the examination and approval by the relevant administrative departments of such matters as personnel,
financial and foreign-related affairs of other departments or of the institutions directly under the administration of the said departments.
Article 4 The procedure for administrative permission shall be instituted and administrative permission shall be granted in
accordance with the statutory limits of power, scope, requirements and procedures.
Article 5 The procedure for administrative permission shall be instituted and administrative permission shall be granted in
adherence to the principles of openness, fairness and impartiality.
Provisions on administrative permission shall be promulgated; and no provisions that are not promulgated shall be made the basis
for the granting of administrative permission. The granting and outcome of administrative permission shall be publicized except where
State secrets, business secrets and individual privacy are involved.
The applicants who meet the statutory requirements and standards shall have the equal right to obtain administrative permission according
to law, and administrative departments shall not discriminate against any of them.
Article 6 Administrative permission shall be granted in adherence to the principle of meeting the convenience of people with
greater efficiency and fine service.
Article 7 With regard to the granting of administrative permission by administrative departments, citizens, legal persons and
other organizations shall have the right to make their statements and argue their cases; they shall have the right, in accordance
with law, to apply for administrative reconsideration or bring an administrative suit; and they shall have the right to demand compensation
according to law if their legitimate rights and interests are damaged due to the unlawful granting of administrative permission by
administrative departments.
Article 8 Administrative permission obtained according to law by citizens, legal persons or other organizations shall be protected
by law. No administrative departments shall, without authorization, change the administrative permission already in effect.
Where the laws, regulations or rules, on the basis of which administrative permission is granted, have been revised or abolished,
or major charges have occurred in the objective circumstances, on the basis of which administrative permission is approved, administrative
departments may, for the need of public interests and in accordance with law, alter or revoke the administrative permission already
in effect. Where, as a consequence, losses are caused to the property of citizens, legal persons or other organizations, administrative
departments shall make them compensations according to law.
Article 9 Administrative permission obtained according to law shall not be transferred except where laws and regulations provide
that it may be transferred according to statutory requirements and procedures.
Article 10 People’s governments at or above the county level shall establish a sound system to supervise the granting of administrative
permission by administrative departments and exercise strict supervision over and inspection of the granting of such permission by
the said departments.
Administrative departments shall carry out effective supervision over the activities engaged in by citizens, legal persons and other
organizations, to which administrative permission is granted.
Chapter II
Institution of the Procedure for Administrative Permission
Article 11 The procedure for administrative permission shall be instituted in adherence to the laws governing economic and
social development and for the benefit of bringing into full play the enthusiasm and initiative of citizens, legal persons and other
organizations, safeguarding public interests, maintaining public order and promoting the harmonious development of the economy, society
and the ecological environment.
Article 12 The procedure for administrative permission may be instituted for the following matters:
(1) matters relating to the special activities that directly involve State security, macro-economic control and protection of the
ecological environment and that have a direct bearing on human health and the safety of people’s lives and property, which are subject
to approval in accordance with the statutory requirements;
(2) matters relating to the development and utilization of limited natural resources, the allocation of public resources as well
as access to the market of the special trades that have a direct bearing on public interests, etc., to which special rights need
to be granted;
(3) matters relating to the professions and trades that provide services to the public and that have a direct bearing on public interests,
the qualifications and competence to be possessed by which, such as the special credibility, conditions and skills, need to be affirmed;
(4) matters relating to the important equipment, facilities, products and articles that have a direct bearing on public security,
human health, and the safety of people’s lives and property, which need to be verified by means of inspection, test, quarantine,
etc. and in accordance with technical standards and specifications;
(5) matters relating to the establishment of an enterprise or other organization, the capacity of which as a subject needs to be
affirmed; and
(6) other matters for which the procedure for administrative permission may be instituted, as provided for by laws and administrative
regulations.
Article 13 For the matters specified in Article 12 of this Law which can be regulated by the following means, institution of
the procedure for administrative permission may be exempted:
(1) matters on which citizens, legal persons and other organizations can make decisions themselves;
(2) matters which can effectively be regulated by the competitive mechanism of the market;
(3) matters which the organizations of trades or intermediary bodies can manage through self-discipline; and
(4) matters which administrative departments can solve by other administrative means such as supervision afterwards.
Article 14 With respect to the matters specified in Article 12 of this Law, the procedure for administrative permission may
be instituted by law. Where such a law is not enacted, it may be instituted by administrative regulations.
When necessary, the State Council may institute the procedure for administrative permission by means of promulgating decisions. After
implementation of such decisions, the State Council shall, except for matters to which provisional administrative permission is granted,
without delay request the National People’s Congress or its Standing Committee to enact laws, or formulate administrative regulations
itself.
Article 15 Where laws or administrative regulations on the matters specified in Article 12 of this Law are not formulated,
the procedure for administrative permission for them may be instituted by local regulations; where neither laws and administrative
regulations nor local regulations are formulated, and where it is really necessary for administrative permission to be granted directly
for the need of administration, the people’s governments of provinces, autonomous regions, and municipalities directly under the
Central Government may institute provisional procedure for administrative permission in the form of rules. Where it is necessary
to continue granting such provisional administrative permission at the expiration of a whole year, the said governments shall request
the people’s congresses or their standing committees at the corresponding levels to formulate local regulations.
No procedure for administrative permission in respect of the qualifications and competence of citizens, legal persons and other organizations,
which are to be affirmed by the State in a unified manner, may be instituted in the form of local regulations or rules of the people’s
governments of provinces, autonomous regions, and municipalities directly under the Central Government; nor shall the procedure for
administrative permission in respect of the setting up and registration of enterprises and other organizations or administrative
permission prior to their setting up and registration be instituted by the said governments in the said form. The procedure for administrative
permission instituted by them shall not restrict the individuals or enterprises of other regions from engaging in production and
business operation and providing services in the local areas, and shall not restrict the commodities of other regions from entering
the local markets.
Article 16 Within the scope of the matters for which the procedure for administrative permission is instituted by law, specific
provisions on the granting of such permission may be formulated in administrative regulations.
Within the scope of the matters for which the procedure for administrative permission is instituted by law or administrative regulations,
specific provisions on the granting of such permission may be formulated in local regulations.
Within the scope of the matters for which the procedure for administrative permission is instituted by superordinate laws, specific
provisions on the granting of such permission may be formulated in rules.
Additional procedure for administrative permission shall not be instituted in the specific provisions formulated in the regulations
and rules for the granting of administrative permission for which the procedure is instituted by superordinate laws; and other requirements
in violation of the superordinate laws shall not be added in the specific provisions on the requirements of administrative permission.
Article 17 With the exception of what is provided for in Articles 14 and 15 of this Law, no procedure for administrative permission
shall be instituted in any other standardizing documents.
Article 18 When the procedure for administrative permission is instituted, provisions on the departments, requirements, procedures
and time limit for the granting of such permission shall be formulated.
Article 19 Where, when drafting laws or regulations or when drafting rules of the people’s governments of provinces, autonomous
regions, and municipalities directly under the Central Government, the drafting unit plans to institute the procedure for administrative
permission, it shall solicit opinions by holding hearings or evaluation meetings or by other means, and shall explain to the formulating
departments about the necessity for instituting the same, the impact it may possibly make on the economy and society as well as the
opinions it has solicited and adopted.
Article 20 The department that institutes the procedure for administrative permission shall regularly make appraisal of the
procedure instituted; and where it believes that matters can be solved by the means specified in Article 13 of this Law, it shall,
without delay, revise or nullify the provisions on the institution of the same.
The department granting administrative permission may, when it thinks fit, make an appraisal of the granting of the administrative
permission for which the procedure is already instituted and of the necessity of its existence, and report their comments and suggestions
to the department that institutes the procedure for administrative permission.
Citizens, legal persons and other organizations may put forth their comments and suggestions regarding the institution of the procedure
for, and the granting of, administrative permission to the departments that institute the procedure and grant the permission.
Article 21 Where the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government,
in light of the economic and social development in their respective administrative regions, believe that the economic matters for
which the procedure for administrative permission is instituted in their administrative regulations can be solved by the means specified
in Article 13 of this Law, they may, upon approval by the State Council, cease granting such permission within their own administrative
regions.
Chapter III
Department Granting Administrative Permission
Article 22 Administrative permission shall be granted by an administrative department with the power of granting such permission
within the limits of its statutory functions and powers.
Article 23 An organization with the functions of administering public affairs conferred by laws and regulations shall grant
administrative permission in its own name and within the limits of the statutory powers. The provisions on administrative departments
in this Law shall be applicable to such an empowered organization.
Article 24 An administrative department may, within the limits of its statutory functions and powers and in accordance with
the provisions of laws, regulations and rules, entrust another administrative department with the granting of administrative permission.
The entrusting department shall publicize the entrusted administrative department and the matters subject to the entrusted granting
of administrative permission.
The entrusting administrative department shall be in charge of supervision over the granting of administrative permission by the
entrusted administrative department, and shall bear legal responsibility for the consequences of such granting.
The entrusted administrative department shall, within the limits of the entrustment and in the name of the entrusting administrative
department, grant administrative permission; it shall not entrust another organization or individual with the granting of administrative
permission.
Article 25 Upon approval by the State Council, the people’s government of a province, autonomous region or municipality directly
under the Central Government may, on the principles of simplification, uniformity and efficiency, decide to let one administrative
department exercise the power of administrative permission which is exercised by relevant administrative departments.
Article 26 Where matters of administrative permission need to be handled by more than one institution within an administrative
department, the said department shall decide on one of the institutions for accepting applications for administrative permission
and for serving the decisions on such permission itself.
Where administrative permission is granted separately by more than two departments of a local people’s government according to law,
the government may decide on one of the departments for accepting applications for administrative permission and for handling them
itself after the relevant departments are informed of the matter and after they respectively put forth their opinions, or have the
relevant departments to handle them jointly or in a concentrated way.
Article 27 In granting administrative permission, the administrative department shall not make the applicants such unjustifiable
requests as to purchase goods it designates and to accept paid service.
In handling matters of administrative permission, the staff members of administrative departments shall not ask the applicants for
money or things of value, accept or receive the same, or seek other benefits.
Article 28 The inspection, test and quarantine of the equipment, facilities, products and goods that have a direct bearing
on public security, human health and the safety of people’s lives and property shall, except where laws and administrative regulations
provide that they be conducted be administrative departments, gradually be carried out by professional and technical organizations
that meet the statutory requirements. The professional and technical organizations and their staff members concerned shall bear legal
responsibility for the conclusions they draw from inspection, test and quarantine.
Chapter IV
Procedures for Granting Administrative Permission
Section 1
Application and Acceptance
Article 29 Where citizens, legal persons and other organizations intend to engage in special activities for which they need
to obtain administrative permission according to law, they shall submit their applications to administrative departments. Where forms
need to be filled out for application, the administrative departments shall provide the applicants with such forms of application
for administrative permission. The form of application shall not contain such particulars as are not directly related to the matters
involved in the application for administrative permission.
An applicant may entrust his agent with the application for administrative permission, except where, in accordance with law, he is
required to submit his application for administrative permission at the office place of an administrative department.
Application for administrative permission may be submitted in the form of letter, telegram, telex, fax, electronic data exchange,
or e-mail.
Article 30 Administrative departments shall make public at their office places the matters, basis, requirements, quantity,
procedure and time limit, as provided for by laws, regulations and rules, regarding relevant administrative permission, as well as
the catalogue of all the materials required to be submitted and application forms for demonstration.
Where an applicant requests the administrative department to make explanation and interpretation for what it publicizes, the department
shall do so accordingly and provide accurate and reliable information to the applicant.
Article 31 An applicant for administrative permission shall submit to the administrative department truthful relevant materials
and provide true information, and shall be responsible for the truthfulness of the matters of substance in the application materials.
The administrative department shall not ask the applicant to submit technical data and other materials that have no relation to the
matters for which administrative permission is applied for.
Article 32 With regard to the application submitted by an applicant for administrative permission, the administrative department
shall handle it differently in light of the following circumstances:
(1) where, in accordance with law, no administrative permission is necessary for the matters for which such permission is applied
for, it shall directly inform the applicant that such an application is not to be accepted;
(2) where, in accordance with law, the matters for which administrative permission is applied for do not fall within the scope of
its functions and powers, it shall directly make the decision not to accept such an application and inform the applicant of the relevant
administrative department to which the application should be submitted;
(3) where there are errors in the application materials which can be corrected on the spot, it shall allow the applicant to make
the correction on the spot;
(4) where the application materials are not complete or not in conformity with the statutory form, it shall, on the spot or within
five days, inform the applicant, all at once, of what needs to be supplemented or corrected; and if it fails to do so at the
expiration of the time limit, the application shall be deemed to be accepted as of the date it receives the application materials;
and
(5) where the matters for which administrative permission is applied for fall within the scope of its functions and powers, the application
materials are complete and in conformity with the statutory form, or the applicant submits the materials of application which are
fully supplemented or corrected as it requires, it shall accept the application for administrative permission.
When the administrative department accepts or refuses to accept an application for administrative permission, it shall produce a
written certificate with the special seal of the department affixed and the date clearly marked.
Article 33 Administrative departments shall establish and improve the relevant systems, introduce electronic administration,
and publicize at their websites the matters which are subject to administrative permission, in order to make it convenient for the
applicants to apply for administrative permission by such means as data cable; and they shall share information about administrative
permission among themselves and thus increase their administrative efficiency.
Section 2
Examination and Decision
Article 34 An administrative department shall examine the materials of application submitted by an applicant.
Where the application materials submitted by an applicant are complete and in conformity with the statutory form, on which the administrative
department can make decision on the spot, it shall, on the spot, make the decision on administrative permission in writing.
Where, according to the statutory requirements and procedures, the matters of substance in the application materials need to be verified,
the administrative department shall assign two or more of its staff members to conduct such verification.
Article 35 Where, according to law, an application for administrative permission needs to be examined by an administrative
department at a lower level before it is submitted to an administrative department at a higher level for decision, the administrative
department at a lower level shall, within the statutory time limit, submit its preliminary opinions based on the examination and
the complete materials of application directly to the administrative department at a higher level. The administrative department
at a higher level shall not ask the applicant to provide application materials again.
Article 36 Where in examining an application for administrative permission an administrative department finds a matter for
administrative permission has a direct bearing on the vital interests of another person, it shall inform the interested person of
the fact. The applicant and the interested person shall have the right to make their statements and argue their cases. The administrative
department shall listen to the opinions of the applicant and the interested person.
Article 37 After examining an application for administrative permission, the administrative department shall, except where
it can make a decision on such permission on the spot, make such a decision within the statutory time limit in adherence to the specified
procedures.
Article 38 Where the application of an applicant is in conformity with the statutory requirements and standards, the administrative
department shall, according to law, make a decision in writing on approving administrative permission.
Where, according to law, an administrative department makes a decision in writing on refusing to approve administrative permission,
it shall state its reasons, and inform the applicant that he has the right, in accordance with law, to apply for administrative reconsideration
or to bring an administrative suit.
Article 39 Where the administrative department makes the decision on approving administrative permission, for which a certificate
of administrative permission is required to be issued, it shall issue to the applicant one of the following certificates of administrative
permission affixed with the seal of the department:
(1) a permit, license or other certificate of permission;
(2) a qualification certificate, competence certificate or other certificate of quality;
(3) approval documents or certifying documents of the administrative department; and
(4) other certificates of administrative permission stipulated by laws and regulations.
Where the administrative department conducts inspection, test or quarantine, it may paste labels on, or affix the seal of inspection,
test or quarantine to, the equipment, facilities, products or goods which pass the inspection, test or quarantine.
Article 40 The administrative department shall make known to the public the decisions it makes on approving administrative
permission, and the public shall have the right to consult them.
Article 41 Where no regional restrictions are imposed on the use of administrative permission instituted by laws and administrative
regulations, such permission obtained by applicants is effective throughout the country.
Section 3
Time Limit
Article 42 An administrative department shall, except where it can make a decision on administrative permission on the spot,
make such a decision within 20 days from the date it accepts an application for administrative permission. Where it cannot do so
within 20 days, it may have an extension of 10 days upon approval by the leading member of the department, and shall inform the applicant
of the reasons for extension. However, where laws and regulations provide otherwise, the provisions there shall prevail.
Where, according to the provisions in Article 26 of this Law, applications for administrative permission are handled in a unified
manner, jointly, or in a concentrated way, the time for such handling shall not exceed 45 days; and where such handling cannot be
wound up within 45 days, an extension of 15 days may be allowed upon approval by the leading member of the people’s government at
the corresponding level, and the applicant shall be informed of the reasons for extension.
Article 43 Where, according to law, an application for administrative permission needs to be examined by an administrative
department at a lower level before it is submitted to an administrative department at a higher level for decision, the administrative
department at a lower level shall wind up the examination within 20 days from the date it accepts the application. However, where
laws and regulations provide otherwise, the provisions there shall prevail.
Article 44 After the administrative department makes the decision on approving administrative permission, it shall, within
10 days from the date the decision is made, issue a certificate of administrative permission to or serve it on the applicant, or
paste labels or affix the seal of inspection, test or quarantine.
Article 45 Where, according to law, a decision on administrative permission to be made by an administrative department requires
hearing, public bidding, auction, inspection, test, quarantine, authentication or expert evaluation, the time thus needed shall not
be reckoned in the time limit specified by this Section. The administrative department shall inform the applicant in writing of the
time needed.
Section 4
Hearing
Article 46 The administrative department shall make known to the general public, and hold hearings on, the matters for the
granting of administrative permission which, according to the provisions of laws, regulations or rules, need hearing, or other matters
of vital importance involving public interests for the granting of administrative permission which the administrative department
believes need hearing.
Article 47 Where administrative permission directly involves the vital interests between an applicant and another person, the
administrative department shall, before making the decision on administrative permission, inform the applicant and the interested
person that they have the right to request hearing; and where the applicant and the interested person, within five days from the
date they are informed of such right, submit their application for hearing, the administrative department shall make arrangements
for the hearing within 20 days.
The applicant and the interested person shall not bear the expenses for the hearing arranged by the administrative department.
Article 48 A hearing shall be conducted in accordance with the following procedures:
(1) The administrative department shall, seven days before holding the hearing, inform the applicant and the interested person of
the time and the venue the hearing is to be held, and when necessary, make the time and venue known to the public;
(2) The hearing shall be held openly;
(3) The administrative department shall appoint a person, other than its staff member who examines the application for administrative
permission, to cha
