Administrative Licensing Law of the People's Republic of China
发布时间:2022年05月10日                          编辑:药监政策法规处                          来源:

Administrative Licensing Law of the People's Republic of China 

    (2003年8月27日第十届全国人民代表大会常务委员会第四次会议通过 根据2019年4月23日第十三届全国人民代表大会常务委员会第十次会议《十大菠菜台子》修正) 

  目  录 

      Chapter I General provisions 

      The second chapter is the establishment of administrative license 

      Chapter III The implementing organ of administrative license 

      Chapter IV Implementation procedures of administrative license 

      Section 1 Application and Acceptance 

      Section II Review and Decision 

      Section 3 Time Limit 

      Section 4 Hearing 

      Section V 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 

      第一条 为了规范Administrative license的设定和实施,保护公民、法人和其他组织的合法权益,维护公共利益和社会秩序,保障和监督行政机关有效实施行政管理,根据宪法,制定本法。 

      Article 2 The term "administrative license" as used in this Law means an act that an administrative organ permits a citizen, legal person or other organization to engage in a specific activity upon examination according to law upon his application。 

      Article 3 This Law shall apply to the establishment and implementation of administrative license。 

      This Law shall not apply to the examination and approval by relevant administrative organs of personnel, financial affairs, foreign affairs and other matters of other organs or public institutions directly managed by them。 

      Article 4 The establishment and implementation of an administrative license shall be in accordance with the legal authority, scope, conditions and procedures。 

      Article 5 The establishment and implementation of administrative license shall follow the principles of openness, fairness, justice and non-discrimination。 

      The provisions concerning administrative licensing shall be published;Anything that has not been published may not be used as the basis for the implementation of administrative license。The implementation and results of an administrative license shall be made public, except those involving state secrets, trade secrets or personal privacy。Without the applicant's consent,The administrative organs and their staff and the personnel participating in the expert review shall not disclose the business secrets, undisclosed information or confidential business information submitted by the applicant,Except as otherwise provided by law or involving national security or major social and public interests;The administrative organ discloses the aforesaid information of the applicant in accordance with the law,Allow the applicant to file an objection within a reasonable period of time。 

      Where the legal conditions and standards are met, the applicant shall have equal rights to obtain administrative license according to law, and the administrative organ shall not discriminate against any person。 

      Article 6 The implementation of administrative license shall follow the principle of convenience to the people, improve work efficiency and provide quality services。 

      第七条 公民、法人或者其他组织对行政机关实施Administrative license,享有陈述权、申辩权;有权依法申请行政复议或者提起行政诉讼;其合法权益因行政机关违法实施Administrative license受到损害的,有权依法要求赔偿。 

      Article 8 The administrative license obtained by citizens, legal persons or other organizations according to law shall be protected by law, and administrative organs shall not alter the administrative license already in effect without authorization。 

      Administrative license所依据的法律、法规、规章修改或者废止,或者准予Administrative license所依据的客观情况发生重大变化的,为了公共利益的需要,行政机关可以依法变更或者撤回已经生效的Administrative license。Where property losses are thus caused to citizens, legal persons or other organizations, the administrative organ shall make compensation according to law。 

      Article 9 Administrative licenses obtained according to law shall not be transferred, except those that can be transferred according to legal conditions and procedures as provided for by laws and regulations。 

      Article 10 People's governments at or above the county level shall establish and improve the system of supervision over the implementation of administrative licenses by administrative organs and strengthen supervision and inspection over 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 license matters。 

  The second chapter is the establishment of administrative license 

      第十一条 设定Administrative license,应当遵循经济和社会发展规律,有利于发挥公民、法人或者其他组织的积极性、主动性,维护公共利益和社会秩序,促进经济、社会和生态环境协调发展。 

      Article 12 Administrative licenses may be established for the following items: 

      (一)直接涉及国家安全、公共安全、经济宏观调控、生态环境保护以及直接关系人身健康、生命财产安全等特定活动,需要按照法定条件予以批准的事项; 

      (2) The development and utilization of limited natural resources, the allocation of public resources, and the market access of specific industries directly related to the public interest, and other matters requiring the granting of specific rights; 

      (三)提供公众服务并且直接关系公共利益的职业、行业,需要确定具备特殊信誉、特殊条件或者特殊技能等资格、资质的事项; 

      (四)直接关系公共安全、人身健康、生命财产安全的重要设备、设施、产品、物品,需要按照技术标准、技术规范,通过检验、检测、检疫等方式进行审定的事项; 

      (5) The establishment of enterprises or other organizations, and other matters that need to determine the qualification of the subject; 

      (6) Other matters for which an administrative license may be established according to laws and administrative regulations。 

    Article 13 Where the items listed in Article 12 of this Law can be regulated by the following means, no administrative license may be established: 

      (1) citizens, legal persons or other organizations can decide on their own; 

      (2) the market competition mechanism can be effectively regulated; 

      (3) trade organizations or intermediary institutions are capable of self-management; 

      (4) The administrative organ can solve the problem by adopting other administrative management methods such as post-supervision。 

      Article 14 For matters listed in Article 12 of this Law, administrative license may be established by law。Where no laws have been enacted, administrative regulations may establish administrative licenses。 

      When necessary, The State Council may establish an administrative license by issuing a decision。After implementation, except for temporary administrative licensing matters, The State Council shall promptly request the National People's Congress and its Standing Committee to enact laws, or enact administrative regulations on its own。 

      Article 15 Matters listed in Article 12 of this Law,Laws and administrative regulations have not yet been formulated,Local regulations may establish administrative licenses;Laws, administrative regulations and local regulations have not yet been enacted,Due to administrative needs,It is necessary to implement administrative license immediately,The rules 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 needs to continue to be implemented after the expiration of one year, it shall be submitted to the people's Congress at the corresponding level and its Standing Committee to formulate local regulations。 

      地方性法规和省、自治区、直辖市人民政府规章,不得设定应当由国家统一确定的公民、法人或者其他组织的资格、资质的Administrative license;不得设定企业或者其他组织的设立登记及其前置性Administrative license。其设定的Administrative license,不得限制其他地区的个人或者企业到本地区从事生产经营和提供服务,不得限制其他地区的商品进入本地区市场。 

      Article 16 An administrative regulation may, within the scope of the administrative license items established by law, make specific provisions for the implementation of the administrative license。 

      Local regulations may make specific provisions on the implementation of the administrative license within the scope of the administrative license items established by laws and administrative regulations。 

      The rules may make specific provisions on the implementation of the administrative license within the scope of the administrative license items established by the above law。 

      法规、规章对实施上位法设定的Administrative license作出的具体规定,不得增设Administrative license;对Administrative license条件作出的具体规定,不得增设违反上位法的其他条件。 

      Article 17 Except for the provisions of Article 14 and Article 15 of this Law, no other normative documents shall set administrative licenses。 

      Article 18 The establishment of an administrative license shall specify the implementing organ, conditions, procedures and time limit of the administrative license。 

      Article 19 Draft laws, draft regulations and draft rules of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be drafted,To establish an administrative license,The drafting unit shall listen to opinions in the form of hearings and demonstration meetings,And explain to the enacting authority the necessity of the establishment of the administrative license, the possible impact on the economy and society, and the situation of listening to and adopting opinions。 

      第二十条 Administrative license的设定机关应当定期对其设定的Administrative license进行评价;对已设定的Administrative license,It is considered that it can be resolved through the means listed in Article 13 of this Law,应当对设定该Administrative license的规定及时予以修改或者废止。 

      The implementing organ of the administrative license may evaluate the implementation of the established administrative license and the necessity of its existence in a timely manner, and report its opinions to the establishing 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 of administrative licenses。 

      Article 21 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall provide administrative licenses for economic affairs established by administrative regulations,In accordance with the economic and social development of the administrative area,It is considered that it can be resolved through the means listed in Article 13 of this Law,After approval by The State Council,The implementation of the administrative license may be stopped within the administrative region。 

  Chapter III The implementing organ of administrative license 

      Article 22 Administrative license shall be implemented by the administrative organ with the power of administrative license within its statutory functions and powers。 

      Article 23 An organization authorized by laws or regulations to manage public affairs shall, within the scope of statutory authorization, implement administrative licensing in its own name。The provisions of this Law on administrative organs shall apply to the authorized organizations。 

      Article 24 Within the scope of its statutory functions and powers, an administrative organ may, in accordance with the provisions of laws, regulations and rules, entrust another administrative organ with the implementation of administrative license。The entrusting organ shall announce the entrusted administrative organ and the contents of the entrusted implementation of the administrative license。 

      The entrusting administrative organ shall be responsible for supervising the act of the entrusting administrative organ in implementing the administrative license, 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 entrusted administrative organ;No other organization or individual shall be entrusted to implement the administrative license。 

      第二十五条 经国务院批准,省、自治区、直辖市人民政府根据精简、统一、效能的原则,可以决定一个行政机关行使有关行政机关的Administrative license权。 

      第二十六条 Administrative license需要行政机关内设的多个机构办理的,该行政机关应当确定一个机构统一受理Administrative license申请,统一送达Administrative license决定。 

      Administrative license依法由地方人民政府两个以上部门分别实施的,本级人民政府可以确定一个部门受理Administrative license申请并转告有关部门分别提出意见后统一办理,或者组织有关部门联合办理、集中办理。 

      Article 27 In implementing an administrative license, an administrative organ shall not make undue demands to the applicant for the purchase of specified commodities or the acceptance of paid services。 

      When handling an administrative license, a staff member of an administrative organ shall not solicit or accept property from the applicant, nor shall he seek other benefits。 

      第二十八条 对直接关系公共安全、人身健康、生命财产安全的设备、设施、产品、物品的检验、检测、检疫,除法律、Administrative regulations规定由行政机关实施的外,应当逐步由符合法定条件的专业技术组织实施。The specialized technical organizations and their relevant personnel shall bear legal responsibility for the conclusions of the inspection, testing and quarantine carried out。 

  Chapter IV Implementation procedures of administrative license 

  Section 1 Petition and acceptance 

    Article 29 Where citizens, legal persons or other organizations engaged in specific activities need to obtain an administrative license according to law, they shall submit an application to an administrative organ。Where the application requires a formatted text, the administrative organ shall provide the formatted text of the application for administrative license to the applicant。The application form shall not contain any content that is not directly related to the application for administrative license。 

      The applicant may entrust an agent to file an application for administrative license。However, in accordance with the law, the applicant should go to the office of the administrative organ to file an application for administrative license except。 

      An application for administrative license may be submitted by letter, telegram, telex, facsimile, electronic data interchange and E-mail。 

      第三十条 行政机关应当将法律、法规、规章规定的有关Administrative license的事项、依据、条件、数量、程序、期限以及需要提交的全部材料的目录和申请书示范文本等在办公场所公示。 

      Where the applicant requests the administrative organ to explain or explain the contents of the publicity, the administrative organ shall do so and provide accurate and reliable information。 

      Article 31 An applicant applying for an administrative license shall truthfully submit the 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 unrelated to the administrative license matters applied for。 

      An administrative organ or its staff shall not transfer technology as a condition for obtaining an administrative license;In the process of implementing the administrative license, it shall not directly or indirectly require the transfer of technology。 

      Article 32 An administrative organ shall deal with an application for administrative license filed by an applicant separately according to the following circumstances: 

      (1) If the application does not need to obtain administrative permission according to law, the applicant shall be informed immediately that it will not accept the application; 

      (2) If the application does not fall within the scope of the authority of the administrative organ in accordance with the law, it shall immediately make a decision to reject the application and inform the applicant to apply to the relevant administrative organ; 

      (3) If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot; 

      (四)申请材料不齐全或者不符合法定形式的,应当当场或者在五日内一次告知申请人需要补正的全部内容,逾期不告知的,自收到申请材料之日起即为受理; 

      (五)申请事项属于本行政机关职权范围,申请材料齐全、符合法定形式,或者申请人按照本行政机关的要求提交全部补正申请材料的,应当受理Administrative license申请。 

      When accepting or refusing to accept an application for administrative license, an administrative organ shall issue a written certificate stamped with the special seal of the administrative organ and dated。 

      第三十三条 行政机关应当建立和完善有关制度,推行电子政务,在行政机关的网站上公布Administrative license事项,方便申请人采取数据电文等方式提出Administrative license申请;应当与其他行政机关共享有关Administrative license信息,提高办事效率。 

  Section 2 Examination and determination 

      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 in accordance with the statutory form, and the administrative organ can make a decision on the spot, it shall make a written administrative licensing decision on the spot。 

      In accordance with legal conditions and procedures, it is necessary to verify the substance of the application materials, the administrative organ shall assign two or more staff members to carry out verification。 

      第三十五条 依法应当先经下级行政机关审查后报上级行政机关决定的Administrative license,下级行政机关应当在法定期限内将初步审查意见和全部申请材料直接报送上级行政机关。The higher administrative organ shall not require the applicant to provide the application materials repeatedly。 

      Article 36 When examining an application for administrative license, an administrative organ finds that an administrative license matter directly relates to the major interests of another person, it shall inform the interested person。The applicant and the interested party have the right to make statements and defend。The administrative organ shall listen to the opinions of the applicant and interested parties。 

      第三十七条 行政机关对Administrative license申请进行审查后,除当场作出Administrative license决定的外,应当在法定期限内按照规定程序作出Administrative license决定。 

      Article 38 Where the application of the applicant meets the statutory conditions and standards, the administrative organ shall make a written decision to grant the administrative license in accordance with law。 

      Where an administrative organ makes a written decision to deny an administrative license according to law, it shall explain the reasons and inform the applicant that it has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law。 

      第三十九条 行政机关作出准予Administrative license的决定,需要颁发Administrative license证件的,应当向申请人颁发加盖本行政机关印章的下列Administrative license证件: 

      (1) Permits, licenses or other certificates of permission; 

      (2) qualification certificate, quality certificate or other certificate of conformity; 

      (3) documents of approval or certification issued by the administrative organ; 

      (4) other administrative licenses as provided for by laws and regulations。 

      行政机关实施检验、检测、检疫的,可以在检验、检测、检疫合格的设备、设施、产品、物品上加贴标签或者加盖检验、检测、检疫印章。 

      Article 40 The decision on granting administrative license made by an administrative organ shall be made public and the public shall have the right to consult it。 

      Article 41 Where the scope of application of the administrative license established by laws and administrative regulations is not limited by territory, the administrative license obtained by the applicant shall be valid throughout the country。 

  Section 3 Time Limit 

      Article 42 Except where a decision on administrative license can be made on the spot, the administrative organ shall make a decision on administrative license within 20 days from the date of accepting the application for administrative license。If a decision cannot be made within 20 days, it may be extended for 10 days with the approval of the head of the administrative organ, and the applicant shall be informed of the reasons for the extension。However, where laws and regulations provide otherwise, such provisions shall prevail。 

      依照本法第二十六条的规定,Administrative license采取统一办理或者联合办理、集中办理的,办理的时间不得超过四十五日;四十五日内不能办结的,经本级人民政府负责人批准,可以延长十五日,并应当将延长期限的理由告知申请人。 

      第四十三条 依法应当先经下级行政机关审查后报上级行政机关决定的Administrative license,下级行政机关应当自其受理Administrative license申请之日起二十日内审查完毕。However, where laws and regulations provide otherwise, such provisions shall prevail。 

      第四十四条 行政机关作出准予Administrative license的决定,应当自作出决定之日起十日内向申请人颁发、送达Administrative license证件,或者加贴标签、加盖检验、检测、检疫印章。 

      第四十五条 行政机关作出Administrative license决定,依法需要听证、招标、拍卖、检验、检测、检疫、鉴定和专家评审的,所需时间不计算在本节规定的期限内。The administrative organ shall inform the applicant in writing of the time required。 

  Section 4 Hearing 

      第四十六条 法律、法规、规章规定实施Administrative license应当听证的事项,或者行政机关认为需要听证的其他涉及公共利益的重大Administrative license事项,行政机关应当向社会公告,并举行听证。 

      Article 47 An administrative license directly involves a major interest relationship between the applicant and others,Before the administrative organ makes a decision on administrative licensing,The applicant and interested parties shall be informed of their right to request a hearing;The applicant or the interested party files 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 of the hearing organized by the administrative organ。 

      Article 48 The hearing shall be conducted in accordance with the following procedures: 

      (1) The 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; 

      (2) The hearing shall be held in public; 

      (三)行政机关应当指定审查该Administrative license申请的工作人员以外的人员为听证主持人,申请人、利害关系人认为主持人与该Administrative license事项有直接利害关系的,有权申请回避; 

      (四)举行听证时,审查该Administrative license申请的工作人员应当提供审查意见的证据、理由,申请人、利害关系人可以提出证据,并进行申辩和质证; 

      (5) A written record shall be made for the hearing, and the written record shall be submitted to the hearing participant for signature or seal after confirmation。 

      The administrative organ shall make a decision on administrative licensing on the basis of the hearing record。 

  Section V Changes and continuations 

      第四十九条 被许可人要求变更Administrative license事项的,应当向作出Administrative license决定的行政机关提出申请;符合法定条件、标准的,行政机关应当依法办理变更手续。 

      第五十条 被许可人需要延续依法取得的Administrative license的有效期的,应当在该Administrative license有效期届满三十日前向作出Administrative license决定的行政机关提出申请。However, where laws, regulations and rules provide otherwise, such provisions shall prevail。 

      The administrative organ shall, upon the application of the licensee, make a decision on whether to grant the renewal of the administrative license before its expiration;If no decision is made within the time limit, the extension shall be deemed to be granted。 

  Section VI Special provisions 

      Article 51 Where there are provisions in this section on the procedures for implementing administrative licensing, the provisions of this Section shall apply;Where there are no provisions in this section, other relevant provisions of this Chapter shall apply。 

      Article 52 The procedures for implementing administrative licensing under 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 or auction。However, where laws and administrative regulations provide otherwise, such provisions shall prevail。 

      The specific procedures for an administrative organ to make an administrative licensing decision by means of bidding, auction, etc., shall be in accordance with the provisions of relevant laws and administrative regulations。 

      行政机关按照招标、拍卖程序确定中标人、买受人后,应当作出准予Administrative license的决定,并依法向中标人、买受人颁发Administrative license证件。 

      行政机关违反本条规定,不采用招标、拍卖方式,或者违反招标、拍卖程序,损害申请人合法权益的,申请人可以依法申请行政复议或者提起行政诉讼。 

      Article 54 Administrative license for the implementation of the matters listed in item 3 of Article 12 of this Law,Give citizens specific qualifications,State examinations shall be held according to law,The administrative organ shall make a decision on administrative licensing based on the examination results and other legal conditions;Granting a legal person or other organization a specific qualification or qualification,The administrative organ shall make a decision on administrative licensing based on the assessment results of the applicant's professional personnel composition, technical conditions, business performance and management level。However, where laws and administrative regulations provide otherwise, such provisions shall prevail。 

      Examinations for the specific qualifications of citizens shall be conducted in public by administrative organs or trade organizations in accordance with law。The administrative organ or trade organization shall publish in advance the registration conditions, registration methods, examination subjects and examination outline for the qualification examination。However, no compulsory pre-examination training for qualification examinations shall be organized, and no teaching materials or other auxiliary materials shall be designated。 

      第五十五条 实施本法第十二条第四项所列事项的Administrative license的,应当按照技术标准、技术规范依法进行检验、检测、检疫,行政机关根据检验、检测、检疫的结果作出Administrative license决定。 

      行政机关实施检验、检测、检疫,应当自受理申请之日起五日内指派两名以上工作人员按照技术标准、技术规范进行检验、检测、检疫。不需要对检验、检测、检疫结果作进一步技术分析即可认定设备、设施、产品、物品是否符合技术标准、技术规范的,行政机关应当当场作出Administrative license决定。 

      Where an administrative organ decides 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。 

      第五十六条 实施本法第十二条第五项所列事项的Administrative license,申请人提交的申请材料齐全、符合法定形式的,行政机关应当当场予以登记。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。 

      第五十七条 有数量限制的Administrative license,两个或者两个以上申请人的申请均符合法定条件、标准的,行政机关应当根据受理Administrative license申请的先后顺序作出准予Administrative license的决定。However, where laws and administrative regulations provide otherwise, such provisions shall prevail。 

  Chapter V Fees for administrative licensing 

      Article 58 An administrative organ shall not charge any fee for the implementation of administrative license or for the supervision and inspection of administrative license matters。However, where laws and administrative regulations provide otherwise, such provisions shall prevail。 

      An administrative organ shall not charge a fee for providing the formatted text of the application for administrative license。 

      The funds required by an administrative organ to implement 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。 

      第五十九条 行政机关实施Administrative license,依照法律、Administrative regulations收取费用的,应当按照公布的法定项目和标准收费;所收取的费用必须全部上缴国库,任何机关或者个人不得以任何形式截留、挪用、私分或者变相私分。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 Higher administrative organs shall strengthen the supervision and inspection of the implementation of administrative license by lower administrative organs, and promptly correct illegal acts in the implementation of administrative license。 

      Article 61 The administrative organ shall establish and improve the supervision system and perform the supervision responsibility by checking the relevant materials that reflect the activities of the licensee engaged in administrative license matters。 

      行政机关依法对被许可人从事Administrative license事项的活动进行Supervision and inspection时,应当将Supervision and inspection的情况和处理结果予以记录,由Supervision and inspection人员签字后归档。The public has the right to inspect the supervision and inspection records of administrative organs。 

      行政机关应当创造条件,实现与被许可人、其他有关行政机关的计算机档案系统互联,核查被许可人从事Administrative license事项活动情况。 

      Article 62 The administrative organ may, according to law, carry out sampling inspection, inspection and testing of the products produced and operated by the licensee and carry out on-the-spot inspection of the sites of production and operation。During the inspection, the administrative organ may consult or require the licensee to submit relevant materials according to 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 have a direct bearing on public security, personal health, life and property safety。For those who pass the inspection, the administrative organ shall issue corresponding certification documents。 

      第六十三条 行政机关实施Supervision and inspection,不得妨碍被许可人正常的生产经营活动,不得索取或者收受被许可人的财物,不得谋取其他利益。 

      第六十四条 被许可人在作出Administrative license决定的行政机关管辖区域外违法从事Administrative license事项活动的,违法行为发生地的行政机关应当依法将被许可人的违法事实、处理结果抄告作出Administrative license决定的行政机关。 

      Article 65 Individuals and organizations shall have the right to report to an administrative organ when they discover that they have engaged in activities involving administrative license matters in violation of the law, and the administrative organ shall promptly verify and handle the matter。 

      第六十六条 被许可人未依法履行开发利用自然资源义务或者未依法履行利用公共资源义务的,行政机关应当责令限期改正;被许可人在规定期限内不改正的,行政机关应当依照有关法律、Administrative regulations的规定予以处理。 

      Article 67 A licensee who obtains an administrative license for market access in a specific industry directly related to public interests,It shall comply with the service standards and tariff standards prescribed by the State and the conditions prescribed by the administrative organ in accordance with law,To provide users with safe, convenient, stable and reasonably priced services,And fulfil the obligation of universal service;Without the approval of the administrative organ that made the decision on administrative license,They shall not suspend or close their business without authorization。 

      Where the licensee fails to perform the obligations prescribed in the preceding paragraph, the administrative organ shall order it to make corrections within a time limit, or take effective measures to urge it to perform its obligations according to law。 

      第六十八条 对直接关系公共安全、人身健康、生命财产安全的重要设备、设施,行政机关应当督促设计、建造、安装和使用单位建立相应的自检制度。 

      行政机关在Supervision and inspection时,发现直接关系公共安全、人身健康、生命财产安全的重要设备、设施存在安全隐患的,应当责令停止建造、安装和使用,并责令设计、建造、安装和使用单位立即改正。 

      第六十九条 有下列情形之一的,作出Administrative license决定的行政机关或者其上级行政机关,根据利害关系人的请求或者依据职权,可以撤销Administrative license: 

      (1) A staff member of an administrative organ abuses his power or neglects his duty to make a decision on granting administrative license; 

      (2) exceeding statutory functions and powers to make a decision on granting administrative license; 

      (3) making a decision on granting administrative license in violation of legal procedures; 

      (4) granting an administrative license to an applicant who is not qualified to apply or does not meet the statutory conditions; 

      (5) Other circumstances in which an administrative license may be revoked according to law。 

      Where the licensee obtains the administrative license by cheating, bribery and other improper means, it shall be revoked。 

      If an administrative license is revoked in accordance with the provisions of the preceding two paragraphs, which may cause major damage to public interests, it shall not be revoked。 

      Where 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 according to 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 for the cancellation of the relevant administrative license in accordance with law: 

      (1) the administrative license is not renewed upon expiration; 

      (2) An administrative license granting a citizen a specific qualification, and the citizen is dead or incapacitated; 

      (3) Legal person or other organization terminated according to law; 

      (4) the administrative license is revoked or withdrawn according to law, or the administrative license certificate is revoked according to law; 

      (5) The administrative license items cannot be implemented due to force majeure; 

      (6) Other circumstances where the administrative license should be cancelled as provided for by laws and regulations。 

  Chapter VII Legal liability 

      Article 71 Where an administrative license established in accordance with Article 17 of this Law is violated, the relevant organ shall order the organ that established the administrative license to make corrections or revoke it according to law。 

      第七十二条 行政机关及其工作人员违反本法的规定,有下列情形之一的,由其上级行政机关或者监察机关责令改正;情节严重的,对直接负责的主管人员和其他直接责任人员依法给予行政处分: 

      (1) Refusing to accept an application for administrative license that meets the statutory conditions; 

    (2) not publicizing the materials that should be publicized according to law at the office; 

      (3) In the process of accepting, reviewing and deciding on administrative license, failing to fulfill the obligation of statutory notification to the applicant and interested parties; 

      (4) The application materials submitted by the applicant are incomplete, do not conform to the legal form, and do not inform the applicant of all the contents that must be corrected; 

      (5) Illegally disclosing trade secrets, undisclosed information or confidential business information submitted by the applicant; 

      (6) taking the transfer of technology as a condition for obtaining the administrative license, or directly or indirectly requiring the transfer of technology in the process of implementing the administrative license; 

      (7) failing to explain the reasons for not accepting the application for administrative license or not accepting the administrative license according to law; 

      (8) failing to hold a hearing when a hearing should be held according to law。 

      第七十三条 行政机关工作人员办理Administrative license、实施Supervision and inspection,索取或者收受他人财物或者谋取其他利益,构成犯罪的,Criminal responsibility shall be investigated according to law;尚不构成犯罪的,依法给予行政处分。 

      第七十四条 行政机关实施Administrative license,有下列情形之一的,由其上级行政机关或者监察机关责令改正,对直接负责的主管人员和其他直接责任人员依法给予行政处分;构成犯罪的,Criminal responsibility shall be investigated according to law: 

      (1) Granting an administrative license to an applicant who does not meet the statutory conditions or making a decision on granting an administrative license beyond its statutory functions and powers; 

      (2) Refusing an administrative license to an applicant who meets the statutory conditions or failing to make a decision on granting an administrative license within the statutory time limit; 

      (三)依法应当根据招标、拍卖结果或者考试成绩择优作出准予Administrative license决定,未经招标、拍卖或者考试,或者不根据招标、拍卖结果或者考试成绩择优作出准予Administrative license决定的。 

      第七十五条 行政机关实施Administrative license,擅自收费或者不按照法定项目和标准收费的,由其上级行政机关或者监察机关责令退还非法收取的费用;对直接负责的主管人员和其他直接责任人员依法给予行政处分。 

      截留、挪用、私分或者变相私分实施Administrative license依法收取的费用的,予以追缴;对直接负责的主管人员和其他直接责任人员依法给予行政处分;构成犯罪的,Criminal responsibility shall be investigated according to law。 

      Article 76 Where an administrative organ illegally implements an administrative license, thereby causing damage to the legitimate rights and interests of the party concerned, it shall pay compensation in accordance with the provisions of the State Compensation Law。 

      第七十七条 行政机关不依法履行监督职责或者监督不力,造成严重后果的,由其上级行政机关或者监察机关责令改正,对直接负责的主管人员和其他直接责任人员依法给予行政处分;构成犯罪的,Criminal responsibility shall be investigated according to law。 

      Article 78 An applicant for administrative license conceals relevant information or provides false materials to apply for administrative license,The administrative organ shall not accept or grant administrative license,And give a warning;The application for administrative license is a matter directly related to public safety, personal health, life and property safety,The applicant shall not apply for the administrative license again within one year。 

      Article 79 A licensee obtains an administrative license by cheating, bribery or other improper means,Administrative organs shall impose administrative penalties in accordance with law;The administrative license obtained belongs to matters directly related to public safety, personal health, life and property safety,The applicant shall not apply for the administrative license again within three years;criminal,Criminal responsibility shall be investigated according to law。 

      Article 80 Where a licensee commits any of the following acts, the administrative organ shall impose administrative penalties according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law: 

      (1) altering, reselling, renting, lending the administrative license, or illegally transferring the administrative license in other forms; 

      (2) carrying out activities beyond the scope of administrative license; 

      (3) concealing relevant information from the administrative organ responsible for supervision and inspection, providing false materials or refusing to provide truthful materials reflecting its activities; 

      (4) Other illegal acts as prescribed by laws, regulations and rules。 

      第八十一条 公民、法人或者其他组织未经Administrative license,擅自从事依法应当取得Administrative license的活动的,行政机关应当依法采取措施予以制止,并依法给予行政处罚;构成犯罪的,Criminal responsibility shall be investigated according to law。 

  Chapter VIII Supplementary Provisions 

      Article 82 The term for the implementation of an administrative license by an administrative organ as provided for in this Law shall be calculated on working days, excluding legal holidays。 

      Article 83 This Law shall come into force as of July 1, 2004。 

      The relevant provisions on administrative licensing before the implementation of this Law shall be cleared up by the enacting organ in accordance with the provisions of this Law.If it fails to comply with the provisions of this Law, its implementation shall cease as of the date this Law goes into effect。