The Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No. 7
The Administrative License Law of the People’s Republic of China has been adopted at the 4th session of the Standing Committee of
the 10th National People’s Congress of the People’s Republic of China on August 27, 2003. It is hereby promulgated and shall come
into force as of July 1, 2004.
Hu Jingtao, President of the People’s Republic of China
August 27, 2003
Administrative License Law of the People’s Republic of China ContentsChapter I General Provisions
Chapter II Establishment of an Administrative License
Chapter III Executive Organ for Administrative License
Chapter IV Procedures for Administrative License
Section 1 Application and Acceptance
Section 2 Examination and Decision
Section 3 Time Limit
Section 4 Hearing
Section 5 Modification and Extension
Section 6 Special Provisions
Chapter V Expenses of Administrative License
Chapter VI Supervision and Check
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
In order to regulate the establishment and implementation of administrative licenses, to protect the legitimate rights and interests
of citizens, legal persons and other organizations, to safeguard public interests and social order, to ensure and supervise the effective
implementation of administrative management, the Law is formulated in accordance with the Constitution.
Article 2
The term “administrative licenses” as mentioned in the Law refers to the acts that the administrative organs permit, upon examination
according to law, the citizens, legal persons or other organization to engage in special activities according to their applications.
Article 3
The Law shall be applicable to the establishment and implementation of administrative licenses.
The Law shall not be applicable to the examination and approval of such matters as personnel, finance and foreign affairs of relevant
administrative organs to other organs or public institutions directly under their administration.
Article 4
The establishment and implementation of an administrative license shall tally with legal authority, scope, conditions and procedures.
Article 5
The principle of publicity, fairness and impartiality shall be abided by in the establishment and implementation of an administrative
license.
The relevant regulations on an administrative license shall be announced to the public; those undisclosed shall not be the basis for
the implementation of the administrative license. The implementation of the administrative license and the results thereof, except
for those that concern the state secrets, commercial secrets or individual privacy, shall be disclosed.
The applicants who meet the legal conditions and standards are enpost_titled to obtain the equal right under an administrative license,
the administrative organs shall not discriminate against any of them.
Article 6
In the implementation of administrative license, the principle of facilitating people shall be abided by so as to enhance the efficiency
and to render quality services.
Article 7
With regard to an administrative organ’s implementation of an administrative license, the citizens, legal person or other institutions
shall be enpost_titled to make statements, to defend themselves, to apply for administrative reconsideration or to file an administrative
lawsuit in accordance with the law. Where any of their legal rights and interests is impaired because of the administrative organs’
unlawful implementation of the administrative license, it shall be enpost_titled to demand compensation in accordance with the law.
Article 8
The administrative license obtained by a citizen, a legal person or any of other organizations in accordance with the law shall be
protected by law. The administrative organs shall not change an effective administrative license without permission.
Where any of the laws, regulations and rules that the administrative license is based on is amended or abolished, or the objective
circumstances that the administrative license rests on change greatly, in order to meet the demand of public interests, the administrative
organ may modify or withdraw the effective administrative license. The damages caused to the properties of citizens, legal person
or other institutions accordingly shall be compensated for by the administrative organ 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
light of the legal conditions and procedures of the laws and regulations.
Article 10
The people’s governments above the county level shall establish and perfect the supervisory system for the administrative licenses
implemented by administrative organs, shall strengthen the supervision and examination over the administrative licenses implemented
by administrative organs.
The administrative organs shall effectively supervise the activities of the citizens, legal persons or other institutions concerning
the matters under administrative license.
Chapter II The Establishment of an Administrative License
Article 11
The establishment of an administrative license shall be in line with the rule of economic and social development, shall be propitious
to the full play of the enthusiasm and initiative of the citizens, legal persons or other institutions, safeguard the public interests
and social order, promote the harmonious development of the economy, society and ecological environment.
Article 12
An administrative license may be established for any of the following matters:
(1)
The special activities that directly bear on the state security, public security, macro-economic control, ecological environment protection,
and those directly relate to the human health, safety of life and property, which shall be approved according to the legal requirements;
(2)
The development and utilization of the limited natural resources, allocation of public resources and the market entry of the special
trades that directly concern public interests, which shall be enpost_titled with special rights;
(3)
The vocations and trades that provide public services and directly relate to the public interests, which need qualification of special
credit, conditions or skills;
(4)
The important equipment, facilities, products, articles that directly concern public security, human health, the safety of life and
property, which shall be examined and approved by means of inspection, testing, and quarantine according to the technical standards
or criterions;
(5)
The establishment of the enterprises or other institutions, which need to determine the subject qualification;
(6)
Other matters, for which administrative licenses may be established in accordance with the laws and regulations.
Article 13
For the matters listed in Article 12 of the Law, which may be regulated through the following methods, the administrative licenses
aren’t required to be established:
(1)
Those can be decided by the citizens, legal person or other institutions themselves;
(2)
Those can be effectively regulated by the market competition mechanism;
(3)
Those may be subject to the self-discipline management of the trade organizations or intermediary institutions;
(4)
The matters that can be solved by the administrative organs by means of supervision afterwards or through other administrative methods.
Article 14
As to the matters listed in Article 12 of the Law, administrative licenses may be established by means of law. Where there is no
governing law, administrative licenses may be established by means of administrative regulations.
Where necessary, the State Council may adopt the form of releasing decisions to establish administrative licenses. After implementation,
except for the matters under temporary administrative licenses, the State Council shall timely propose to the National People’s Congress
and its Standing Committee to formulate laws, or formulate administrative regulations by itself.
Article 15
If there is no governing law or administrative regulation yet, an administrative license may be established by means of local regulations
for any of the matters listed in Article 12 of the Law; if there is no governing law, administrative regulation and local regulation
yet, but it is really necessary to establish an administrative license to conduct administrative management immediately, an temporary
administrative license may be established by means of a regulation of the people’s government of a province, autonomous region or
municipality directly under the Central Government. If it is necessary to keep on implementing the administrative license after a
year, the people’s congress and its standing committee of the same level shall be proposed to formulate a local regulation.
No local regulation or government rule of the provinces, autonomous regions and municipalities directly under the Central Government
may establish any administrative license for the qualifications of the citizens, legal persons or other institutions that shall be
determined by the state; no administrative license and pre-administrative license may be established for the establishment and registration
of enterprises or other institutions. The administrative licenses established thereby shall not hinder the individuals or enterprises
of other regions from dealing in production and business and providing services in one region, shall not restrict the commodities
of other regions from entering into the market of the local region.
Article 16
An administrative regulation may have specific requirements for the implementation of an administrative license within the scope of
the matters prescribed by a statutory administrative license.
A local regulation may, within the scope of the matters of administrative license established by the laws and administrative regulations,
make specific requirements for the implementation of the administrative license.
The regulation may make specific requirements for the implementation of the administrative license within the scope of the matters
established by the upper law.
The regulations and rules shall not make specific requirements for the implementation of the administrative license set down by the
upper law, shall not increase administrative license; for the specific conditions of administrative license, they shall not establish
any other condition in violation of the upper law.
Article 17
Except for Articles 14 and 15 of the Law, no administrative license shall be set in any other regulatory document.
Article 18
In the establishment of an administrative license, the implementing organ, conditions, procedures and time limit shall be specified.
Article 19
Where an administrative license is to be established by means of drafting a law, a regulation or a regulation of the people’s government
of a province, autonomous region or municipality directly under the Central Government, the drafting entity shall consult the opinions
through hearing and argumentation, etc., and shall give explanations to the law (regulation) making organ about the necessity to
establish the administrative license, the potential effects on the economy and society and the opinions heard and adopted.
Article 20
The establishment organ of the administrative license shall periodically evaluate the administrative license it set. If it considers
that an already established administrative license can be solved through any of the methods listed in Article 13 of the Law, it
shall modify the requirements for the establishment of the administrative license or abolish it in time.
The executive organ of an administrative license shall evaluate the information of the implementation of the administrative license
and necessity of its existence, and shall report the relevant opinions to the establishing organ of the administrative license.
The citizens, legal person or other institutions may put forward opinions and suggestions to the establishment organ and executive
organ about the establishment and implementation of the administrative license.
Article 21
Where any of the people’s governments of the people’s governments of the provinces, autonomous regions and municipalities directly
under the Central Government considers an administrative license on economic affairs, which is established by means of administrative
regulation, can be solved through any of the methods listed in Article 13 of the Law according to the economic and social development
of this administrative area, it may stop implementing the administrative license within the administrative area upon reporting to
and obtaining the approval of the State Council.
Chapter III Executive Organ for Administrative License
Article 22
An administrative license shall be implemented by the empowered administrative organ within its statutory functions.
Article 23
The organization with a function of managing public affairs under the authorization of a law or regulation shall, within the authorized
scope, implement the administrative license in its own name. The provisions concerning the administrative organ in the Law shall
be applicable to the empowered organizations.
Article 24
An administrative organ may, within its statutory functions, authorize other administrative organs to implement the administrative
license in light of the laws, regulations and rules. The authorizing organ shall announce to the public the authorized administrative
organs and the authorized particulars of the administrative license.
The authorizing administrative organ shall be responsible for supervising the implementation of the administrative license by the
authorized administrative organs, and shall bear the legal liabilities for the consequences of implementation.
An authorized administrative organ shall, within the authorized scope, implement the administrative license in the name of the authorizing
administrative organ; it shall not authorize any other organization or individual to implement the administrative license.
Article 25
Upon approval of the State Council, the people’s governments of the provinces, autonomous regions and municipalities may decide one
administrative organ to exercise the power of administrative license of the relevant administrative organs according to the principle
of simplification, unification and efficiency.
Article 26
Where it is necessary to handle the administrative license through several interior institutions of the administrative organ, this
administrative organ shall determine one institution to accept all the applications for the administrative license and serve all
the decisions about the administrative license.
Where the administrative license is implemented separately by at least two departments of the local people’s government in accordance
with the law, the people’s government of the same level shall determine one department to accept the applications for administrative
license and inform the relevant departments of them, and handle these applications after the relevant departments have put forward
their own opinions, organize the relevant departments to handle the applications jointly and intensively.
Article 27
When implementing the administrative license, the administrative organ may not require any applicant to buy the designated commodities
and to accept paid services or have other unreasonable requests.
In handling an administrative license, the functionaries of the administrative organ may not exert any property from or accept any
property of the applicants, neither may they seek for any other interests.
Article 28
The inspection, testing, and quarantine of the important equipment, facilities, products, articles that directly concern public security,
human health, the safety of life and property shall be gradually organized and implemented by the professional technical organizations
that meet the statutory requirements. The professional technical organizations and the functionaries shall bear the legal liabilities
for the conclusions they reach.
Chapter IV Procedures for the Administrative License
Section 1 Application and Acceptance
Article 29
Where a citizen, legal person or any of other institutions has to obtain an administrative license prior to dealing in a special activity,
it shall file an application with the administrative organ. Where a standard application is required, the administrative organ shall
provide the applicants with standard administrative license application. The application shall not contain any content that has no
direct relationship with the licensing matters applied for.
An applicant may entrust an agent to file the application for administrative license, however, with the exception that the applicant
shall file the application for administrative license in the office of the administrative organ.
An application for administrative license may be filed by means of letter, telegraph, telex, fax, electronic data interchange and
email.
Article 30
An administrative organ shall display the licensing matters, basis, conditions, quantity, procedures and time limit as provided for
in the laws, regulations and rules, the catalogue of the complete set of materials that shall be submitted and the exemplary application
in its office place.
Where an applicant asks the administrative organ to account for or to give explanations about the displayed contents, the administrative
organ shall do so to provide exact and liable information for it.
Article 31
When applying for administrative license, an applicant shall faithfully submit relevant materials to the administrative organ, report
the actual information, and shall be liable for the authenticity of the substantial contents of the application materials. The administrative
organ may not ask the applicant to submit technical materials and other materials that have nothing to do with the matters under
the administrative license
Article 32
The administrative organ shall handle the applications for administrative license differently according to the following circumstances:
(1)
For the matter applied for that are not subject to administrative license in accordance with the law, it shall inform the applicant
of the rejection immediately;
(2)
If the matter applied for isn’t within the functions of the administrative organ, it shall make a decision of rejection immediately
and shall inform the applicant to file an application for it with the relevant administrative organ;
(3)
Where the errors in the application materials can be corrected on the spot, the applicant shall be permitted to correct them on the
spot;
(4)
Where the application materials are incomplete or inconsistent with the statutory form, it shall inform the applicant on the spot
or inform it of all the items that need to be supplemented or corrected within 5 days; if it fails to do so within the time limit,
the day when the application materials are accepted shall be considered as the acceptance day;
(5)
Where the matter applied for falls within the functions of the administrative organ and application materials are complete and in
consistency with the statutory form, or the applicant has supplemented and corrected all the items as required, the application for
administrative license shall be accepted.
When accepting or rejecting an application for administrative license, the administrative organ shall issue a written proof with the
special seal of the administrative organ and the clear indication of date.
Article 33
An administrative organ shall establish and perfect the relevant systems, shall promote electronic administration by government, shall
announce matters under administrative license on the website of the administrative organ, facilitate the applicants to file for administrative
license by means of data messages. It shall share the information concerning the administrative license with other administrative
organs so as to increase efficiency.
Section 2 Examination and Decision
Article 34
Administrative organs shall examine the application materials submitted by the applicants.
Where the application materials are complete and tally with the statutory form, the administrative shall make a written decision about
the administrative license on the spot if it is able to do so.
Where it is necessary to further verify the substantial contents of the applications in accordance with the statutory conditions and
procedures, the administrative organ shall designate at least 2 personnel to conduct verifications.
Article 35
In accordance with law, where an administrative license is subject to the examination of the lower administrative organ before it
is reported and submitted to the upper administrative organ for decision, the lower administrative organ shall directly submit the
preliminary examination opinions and the complete set of application materials to the upper administrative organ within the statutory
time limit. The upper administrative organ shall not require the applicant to provide the application materials again.
Article 36
When examining the applications for administrative license, if the administrative organ finds that any party has important direct
interests to the matters under the administrative license, it shall inform the interested party. The applicant and the interested
party shall be enpost_titled to make a statement and defense. The administrative organ shall listen to the opinions of the applicant and
the interested party.
Article 37
After the administrative organ has examined the application for administrative license, it shall make a decision about the administrative
license in light of the prescribed procedures within the statutory time limit, unless the decision on the administrative license
shall be made on the spot.
Article 38
Where an applicant meets the statutory requirements and standards, the administrative organ shall make a written decision about the
approval of the administrative license.
Where the administrative organ makes a decision about the disapproval of the administrative license in accordance with the law, it
shall give explanations to and inform the applicant that it is enpost_titled to apply for administrative reconsideration or to file an
administrative lawsuit.
Article 39
For an administrative organ that makes a decision about the approval of the administrative license, it shall issue one of the following
certificates for administrative license with the seal of this administrative organ:
(1)
Permit, license or other kinds of licensing certificates;
(2)
Qualification certificate or other qualification certificates;
(3)
Documents of approval of the administrative organ or evidential documents;
(4)
Other certificates for administrative license as provided for in the laws and regulations.
Where an administrative organ conducts inspection, testing, or quarantine, it may stamp a label on or affix a seal of inspection,
testing or quarantine to the qualified equipment, facilities, products and articles.
Article 40
Administrative organs shall give publicity to the decisions about the approval of the administrative license, which the general public
are enpost_titled to consult.
Article 41
For an administrative license set down by laws and regulations, if there is no regional limit on its application scope, the administrative
license obtained by an applicant shall be of nationwide validity.
Section 3 Time Limit
Article 42
An administrative organ shall make a decision on the administrative license within 20 days from the day when it accepts such an application
unless it can make a decision on the spot. If it can’t make a decision within 20 days, it may extend for 10 days upon the approval
of the person in charge of this administrative organ, and shall give explanations about the extension to the applicant. However,
if it is otherwise provided for in any law and regulation, the latter shall prevail.
In accordance with Article 26 of the Law, where an administrative license is handled uniformly or jointly or collectively, the period
shall not exceed 45 days; if it cannot be completed within 45 days, it may, upon the approval of the people’s government of the same
level, be extended for 15 days, and the applicant shall be notified of the reason for extension.
Article 43
For an administrative license that is subject to the examination of a lower administrative organ before it is reported and submitted
to an upper administrative organ, the lower administrative organ shall complete the examination within 20 days from the day when
the application for administrative license is accepted. But, if it is otherwise provided for in the laws and regulations, the latter
shall prevail.
Article 44
If an administrative organ makes a decision of administrative license, it shall issue and serve the applicant the certificate of administrative
license, or stamp a label, affix a seal of inspection, testing or quarantine, within 10 days from the day when such a decision is
made.
Article 45
In accordance with the law, where an administrative organ needs hearing, bid invitation, auction, inspection, testing, quarantine
or expert evaluation, the required time shall not be included in the time limit specified in this Section.
Section 4 Hearing
Article 46
For a hearing as provided for the implementation of administrative license in any law, regulation or rule, or for any other licensing
matters of great importance to the public interests that the administrative organ considers it necessary to hold a hearing, the administrative
organ shall announce it to the public and hold a hearing.
Article 47
Where an administrative license is of direct significance to the interests of the applicant or others, before the administrative organ
makes a decision about the administrative license, it shall inform the applicant or the interested party of the right to request
for a hearing. Where the applicant or interested party applies for a hearing within 5 days from the day when it is informed of such
right, the administrative organ shall organize a hearing within 20 days.
The applicant and interested party shall not pay for the expenses arising from the administrative organ’s organization of the hearing.
Article 48
The hearing shall proceed according to the following procedures:
(1)
The administrative organ shall notify the applicant and interested party of the time and place of the hearing 7 days before it is
held, and shall announce it to the public where necessary;
(2)
The hearing shall be held openly;
(3)
The administrative organ shall designate a person to host the hearing, the person shall not be from the persons who are responsible
for the examination of the application for administrative license, where the applicant or interested party considers that the host
or hostess of the hearing is of direct interest to the matters under administrative license, it shall be enpost_titled to apply for withdrawal;
(4)
While holding a hearing, the persons who are responsible for the examination of an application for administrative license shall provide
proofs, reasons for the examination opinions, the applicant and the interested party may produce evidence, defend and conduct cross-examinations;
(5)
Transcripts shall be made for a hearing. The attendees of the hearing shall sign their names on or affix their seals to the transcripts
after they have confirmed them as inerrant.
The administrative organ shall make a decision on the administrative license according to the transcripts of the hearing.
Section 5 Modification and Extension
Article 49
Where a licensee requests for modifying the matters under administrative license, it shall file an application to the administrative
organ that made the decision about the administrative license. If it meets the statutory conditions and standards, the administrative
organ shall handle the modification procedures in accordance with the law.
Article 50
Where a licensee needs to extend the valid period of an administrative license it obtained in accordance with the law, it shall file
an application with the administrative organ that made the decision about the administrative license 30 days prior to the expiry
of the valid period of this administrative license. But, if it is otherwise provided for in the laws, regulations and rules, the
latter shall prevail.
An administrative organ shall decide whether to approve the extension prior to the expiry of the valid period of this administrative
license; if it fails to make a decision within the time limit, it shall be deemed that the extension has been approved.
Section 6 Special Provisions
Article 51
The implementing procedures for the administrative license shall be governed by the pertinent provisions in this Section, if there
are any; if it isn’t provided for in this section, they shall be governed by other relevant provisions in this Chapter.
Article 52
The procedures for the State Council to implement an administrative license shall be governed by the relevant laws and administrative
regulations.
Article 53
When implementing the licensing matters listed in Article 12 (2) of the Law, the administrative organ shall make a decision by adopting
fair competitive methods, such as bid invitation and auction, etc, but if it is otherwise provided for in the laws, administrative
regulations, the latter shall prevail.
The specific procedures for the administrative organ to decide an administrative license by means of bid invitation and auction shall
be in line with the relevant laws and administrative regulations.
After the administrative organ has determined the bid winner or buyer according to the bid or auction procedures, in accordance with
the law, it shall issue a certificate for the administrative license to the bid winner or buyer.
Where an administrative organ fails to adopt the forms of bid invitation and auction in violation of the Law, or violates the procedures
for bid invitation or auction, impairing the legitimate rights and interests of the applicant, the applicant may apply for administrative
reconsideration or file an administrative lawsuit according to law.
Article 54
When implementing the licensing matters listed in Article 12 (3) of the Law, namely, holding a national examinations for the purpose
of granting the citizens any special qualification in accordance with the law, the administrative organ shall make decisions about
the administrative license according to applicants’ examination marks and other statutory requirements; when granting a special qualification
to the legal persons or other organizations, the administrative organ shall make decisions about the administrative license according
to the evaluation results in the aspects of the structure of professionals of the applicants, technical conditions, business performance
and management level. But, if it is otherwise provided for in the laws and regulations, t
The Ministry of Commerce
Announcement of the Ministry of Commerce of the People’s Republic of China
No.52
Rules for the Implementation of Tariff Rate Quota Administration of the Imported Wool and Wool Tops, formulated in accordance with
the Interim Measures of Tariff Rate Quota Administration of the Imported Agricultural Products, is hereby announced.
Ministry of Commerce
September 28, 2003
Rules for the Implementation of Tariff Rate Quota Administration of the Imported Wool and Wool Tops
Article 1
These rules are formulated in accordance with the Interim Measures of Tariff Rate Quota Administration of the Imported Agricultural
Products promulgated by the Ministry of Commerce and the National Development and Reform Commission for the purpose of implementing
tariff rate quota administration of wool and wool tops import.
Article 2
The tariff rate quota of imported wool is 287000 ton in 2004.The quota of imported wool tops is 80000ton in 2004.
Article 3
All the wool and wool tops which are imported by trade shall be administrated by tariff rate quota.
Article 4
Tariff rate quotas of wool and wool tops for the year of 2004 shall be distributed by import contracts on the principle of anyone
who applies earlier getting the quota earlier. The applicants shall apply tariff rate quotas of wool and wool tops on the strength
of import contracts and other relevant materials. The organization authorized by the Ministry of Commerce shall issue Tariff Rate
Quota Certificate of the Imported Agricultural Products on the principle of anyone who applies earlier getting the quota earlier.
The application shall not be accepted when the issued certificates have reached the quantity of tariff rate quotas of wool and wool
tops for the year of 2004.
Article 5
The requirements for application:
(1)
The enterprises registered at the administrative department for industry and commerce before January 1, 2004. (Need to submit Copy
of Business License for Enterprise as legal Person.)
(2)
Having fine financial condition and good records of paying taxes.(Need to submit the relevant materials of the year of 2002 and 2003.)
(3)
No record of breaking the regulations of the customs, the administrative departments of the industry and commerce, the tax authorities
and the quality supervision departments from 2001 to 2003.
(4)
Having gone through the annual examination of 2003.
(5)
No violating the Interim Measures of Tariff Rate Quota Administration of the Imported Agricultural Products promulgated by the former
State Development Planning Commission and Rules for the Implementation of Tariff Rate Quota Administration of the Imported Wool and
Wool Tops for the year of 2003.
Article 6
Qualifications for application:
(1)
Production enterprises and traders which have got tariff rate quotas of wool and wool tops in 2003 and have import performance (hereinafter
referred to as applicants who have import performance).
(2)
Production enterprises which have no import performance in 2003 but the sale of products made from wool and wool tops is above RMB50,
000,000 Yuan and the designated wool trading enterprises published by the Ministry of Commerce (including those enterprises published
by the former Ministry of Foreign Trade and Economic Cooperation.)(Hereinafter referred to as applicants who have no import performance).
(3)
The enterprises that have got the Approval Certificate of Processing Trade Operation and engage in processing trade.
Article 7
Applicants for quotas shall make applications to the local authorized organizations where the enterprises are registered on the strength
of the import contracts of wool and wool tops on the principle of possession management. The applicant shall fill in the Application
Form for Tariff Rate Quotas of Wool and Wool tops (see Appendix), and submit the relevant materials.
Article 8
Applicants for quotas may draw the Application Form for Tariff Rate Quotas of the Imported Wool and Wool Tops from the organizations
authorized by the Ministry of Commerce or from the website of the Ministry of Commerce https://www..mofcom.gov.cn/ download and duplicate
the Application Form for Tariff Rate Quotas of Wool and Wool Tops (see Appendix).
Article 9
Applicants for quotas may make applications for several times in a Gregorian calendar year. But they shall comply with:
(1)
For applicant who has import performance, the accumulated applying quantity before September 30,2004 shall not surpass the actual
import quantity in2003 (which means returning the Tariff Rate Quota Certificate of Agricultural Products which has signed and sealed
by the customs to the department which issued the certificate). If the actual import quantity is less than 300ton it may be calculated
in 300ton.
(2)
For applicant who has no import performance, the accumulated applying quantity before September 30, 2004 shall not surpass 300ton.
Article 10
The final users of the quotas who have completely accomplished the import quantity provided by Article 9 (means returning the Tariff
Rate Quota Certificate of the Imported Agricultural Products which has signed and sealed by the customs to the department which issued
the certificate) may continue to apply for import quotas after September 30.
Article 11
After accepting and examining the applications, to those applicants who meet the provisions of Article 5 , Article 6 , Article 9
and Article 10 ,the authorized organizations shall report to the Ministry of Commerce in time through the computer web system, and
fax the examined and signed application forms to the Ministry of Commerce. The sequence of applications determined by the results
showed on the terminator of the management web system of the Ministry of Commerce.
Article 12
After receiving the applications from the website and the faxes in written form, shall notify the examination results to the authorized
organizations in 5 working days.
Article 13
After receiving the notice of approve, the authorized organizations shall issue the Tariff Rate Quota Certificate of the Imported
Agricultural Products in accordance with the quantity of the quotas approved by the Ministry of Commerce in 5 working days.
Article 14
The Tariff Rate Quota Certificate of Agricultural Products shall be valid for 6 months from the date it is issued. But the term of
validity shall not be over December 31, 2004. For the Tariff Rate Quota Certificate of the Imported Agricultural Products used for
processing trade operation, the term of validity shall not be over the end date for the finished products to re-export.
Article 15
For those goods setting out from the port of departure, and arriving in the next year, the final users shall apply for delaying to
the organizations originally issuing the certificates with the relevant certificates and documents before December 31, 2004. The
delaying shall not be over the end of June as the latest. For the enterprises engaging in processing trade operation which haven’t
completed part or all of the import, the part of the goods that hasn’t been imported yet may apply for the Tariff Rate Quota Certificate
of the Imported Agricultural Products for 2005, but the term of validity of the new quota certificate shall not be over the end date
for the finished products to re-export.
Article 16
If the processing trade operation needs to be changed and delayed, the operator shall draw a new Tariff Rate Quota Certificate of
the Imported Agricultural Products from the organization originally issuing the certificate, on the strength of the Identification
of the Change of the Approval Certificate of Processing Trade Operation and the Tariff Rate Quota Certificate of the Imported Agricultural
Products, but the term of validity shall not be over the time limit of change and delay stipulated in the Identification of the Change
of the Approval Certificate of Processing Trade Operation.
Article 17
The final user who haven’t used the tariff rate quotas in the term of validity of the quota certificate shall return the original
copy of the quota certificate to the organization originally issuing the certificate. The Ministry of Commerce shall take back the
quotas stipulated in the quota certificate, add them to the remaining sum of the tariff rate quotas and stop accepting and approving
the application of the user for the quotas in the year.
Article 18
The enterprises which get the Tariff Rate Quota Certificate of the Imported Agricultural Products on the strength of the counterfeited
contracts and materials shall be punished in accordance with the relevant provisions of the Interim Measures of Tariff Rate Quota
Administration of the Imported Agricultural Products.
Article 19
After the imported goods completes all procedures of the customs, the final user shall return the original copy of the first form
of the Tariff Rate Quota Certificate of the Imported Agricultural Products (the form of the consignee completing the procedures of
the customs) to the organization originally issuing the certificate.
Article 20
The import of wool and wool tops shall be operated in accordance with the relevant provisions of the Measures on the Administration
of the Designated Trading of Import Goods promulgated by the former Ministry of Foreign Trade and Economic Cooperation( the No.21
Order of the MOFTEC in 2001).
Article 21
The Ministry of Commerce is responsible for the interpretation of these rules.
Appendix:
(1)
The table of tax items and tax rate of wool and wool tops for 2004
(2)
the Application Form for Tariff Rate Quotas of Wool and Wool Tops
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