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Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary To Be Retained (2016 Revision)
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Issuing Authority:State Council
Date Issued
Effective Date
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Administrative Regulations
Area of Law
市场准入
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Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary To Be Retained (2016 Revision)
Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary To Be Retained
(Issued in 2004 by Order No. 412 of the State Council, amended for the first time in accordance with the Decision of the State Council on Amending the Decision of the State Council on Establishing Administrative Licenses for the Administrative Examination and Approval Items Really Necessary to Be Retained by Order No. 548 of the State Council on January 29, 2009, and amended for the second time in accordance with the Decision of the State Council on Amending the Decision of the State Council on Establishing Administrative Licensing for the Administrative Approval Items Really Necessary to Be Retained by Order No. 671 of the State Council on August 25, 2016)
In accordance with the “Administrative License Law of the People's Republic of China” and the relevantprovisions on the reform of the administrative examination and approval system,the State Council has sorted out the administrative examination and approvalitems of all subordinate departments in an all-round way. The administrativelicense items established by laws and administrative regulations shall continueto be implemented in accordance with the law. As for the establishment ofregulatory documents other than laws and administrative regulations, if theadministrative examination and approval items really need to be retained andconform to Article 12 of the “Administrative License Law of the People's Republic of China”, the State Council hereby decides to, in accordancewith Paragraph 2 of Article 14 of the “Administrative License Law of the People's Republic of China”, retain them and establish 500administrative license items.
In order to ensure the administrative license itemsestablished by this Decision be implemented legally, publicly, fairly andimpartially, the relevant departments of the State Council shall make specificprovisions on the conditions for implementing the various administrativelicense items listed in this Decision, and shall promulgate them, as well. Therelevant procedures and time limits for implementing the administrative licenseitems shall be governed by the relevant provisions of the “Administrative License Law of the People's Republic of China”.
Appendix:
Catalogue of Administrative License Decided by the State Council To Be Established for the Administrative Examination and Approval Items Really Necessary To Be Retained
Serial No.
Title
Implementation Organ
1
Examination and Approval ofInvestment Projects of Overseas Resource Development or of Use of LargeAmount of Foreign Exchanges
State Development and ReformCommission
2
Examination and Approval ofthe Amount of Foreign Exchanges Used by Enterprises for Overseas Investments(Not Involving the Administration of the Sources of Foreign Exchanges, or ofWhether Foreign Exchanges Need to Be Purchased, or of How Many ForeignExchanges Need to Be Purchased)
State Development and ReformCommission
3
Examination and Approval ofConstruction Projects for the Production of Chromium Compounds
State Development and ReformCommission
4
Announcement of Road MotorVehicle Manufacturing Enterprises and Their Products
State Development and ReformCommission, AQSIQ
5
Examination and Approval ofCooperative Projects of Clean Development Mechanism under Kyoto Protocol
State Development and ReformCommission
6
Examination and Approval ofthe Scale of Foreign Debt Loans Borrowed by Foreign-funded Banks Inside China
State Development and ReformCommission
7
Examination and Approval of ElectricPower Construction Fund Investment Projects
State Development and ReformCommission
8
Accreditation of thePracticing Qualifications for Price Valuators
State Development and ReformCommission, the Development and Reform (Price) Administrative Department ofthe People's Government at the Provincial Level
9
Examination and Approval ofProduction of Sodium Cyanide at Designated Locations and Ratification and Issuance of theImport Permits
State Development and ReformCommission
10
Accreditation of the Qualifications forEngineering Consulting Entities
State Development and ReformCommission
11
Accreditation of the(Investment) Practicing Qualifications for Registered Consulting Engineers
State Development and ReformCommission
12
Examination and Approval of the Establishment and Modification of the Financing Guarantee Institutions
Departments Determined by the People's Governments of Provinces, Autonomous Regions and Municipalities Directly under the Central Government
13
Registration of Price Valuators
State Development and ReformCommission
14
Accreditation of theEligibilities for Civil Engineering Laboratories of Electric PowerConstruction Projects
State Development and ReformCommission
15
Accreditation of theEligibilities for Metal Laboratories of Electric Power Construction Projects
State Development and ReformCommission
16
Permission for Coal ExportBusiness
State Development and ReformCommission (Together With Ministry of Railways, Ministry of Communications,Ministry of Commerce, AQSIQ, General Administration of Customs, and OtherDepartments)
17
Accreditation of theEligibilities for Price Valuation Institutions
State Development and ReformCommission, the Development and Reform (Price) Administrative Department ofthe People's Government at the Provincial Level
18
Examination and Approval of theHosting of International Education Exhibitions
Ministry of Education, theEducation Administrative Department of the People's Government at theProvincial Level
19
Examination and Approval ofthe Names of Occupational Institutions of Higher Education Which Are Approvedor Modified by the People's Governments at the Provincial Level But AreUsed Beyond the Prescribed Naming Scope
Ministry of Education
20
Examination and Approval ofEstablishment of Schools for the Children of Foreigners
Ministry of Education
21
Examination and Approval of theAppraisal Power of Professors and Associate Professors of Institutions ofHigher Education
Ministry of Education
22
Examination and Approval of EducationalNetwork Schools Which Carry out Distance Diploma Education by Making Use ofInternet
Education AdministrativeDepartment of the People's Government at Each Level
23
Examination and Approval ofMajors of Regular College Courses, Majors of the Second Bachelor'sDegree, and other State-controlled Majors Which Are Established or Adjustedby Institutions of Higher Education but Fall out of the Scope of TheirAdministrative Powers
Ministry of Education, EachRelevant Administrative Department of the State Council
24
Accreditation of Qualificationsfor IntermediaryService Institutions for Studying Abroad at One's Own Expenses
Ministry of Education
25
Ratificationof Compilation of Teaching Materials for National Courses of Elementary andSecondary Schools
Ministry of Education
26
Examination and Approval of InternationalCooperation Projects Involving Heredity Resources of Human Beings
Ministry of Science andTechnology, Ministry of Health
27
Permission for ScientificResearch and Production of Armaments
Commission of Science,Technology and Industry for National Defense
28
Examination and Approval ofTransshipment and Territory Transit of Nuclear Products
Commission of Science,Technology and Industry for National Defense, Ministry of Commerce
29
Permission for Civil SpaceLaunch Projects
Commission of Science,Technology and Industry for National Defense
30
Permission for the Safety ofMilitary Nuclear Facilities of Science, Technology and Industry for NationalDefense
Commission of Science, Technologyand Industry for National Defense
31
Examination and Approval of FirePrevention Design, Modification, Check and Acceptance in Construction ofNuclear Power Stations
Commission of Science,Technology and Industry for National Defense
32
Examination and Approval ofthe Manufacture, Sale,Import, Transport and Use of Crossbows
Public Security Organ of the People'sGovernment at the Provincial Level
33
Permission for the Security ofLarge Cultural and Sports Activities of the Masses
Public Security Organ of the People'sGovernment at the County Level or Above
34
Examination and Approval ofForeigners' Travel in Chinaby Their Self-provided Means of Transport
Ministry of Public Security
35
Ratification and Issuance ofPermits for the Special Trade of Pawn Industry
Public Security Organ of theLocal People's Government at the County Levelor Above
36
Ratification and Issuance ofPermits for the Special Trade of Hotel Industry
Public Security Organ of theLocal People's Government at the County Levelor Above
37
Ratification and Issuance ofPermits for the Special Trade of Official Seal Engraving Industry
Public Security Organ of theLocal People's Government at the County Levelor Above
38
Examination and Ratificationas well as Check and Acceptance of the Engineering Design of SafetyFacilities of Postal Offices
Public Security Organ of the LocalPeople's Government at the County Level or Above
39
Check and Acceptance ofSubstantive Safeguard Project of Nuclear Power Stations
China Atomic Energy Authority, Ministry ofPublic Security
40
Accreditation of the Risk Ranksof Warehouses of Military Industrial Products, as well as Examination,Ratification, Check and Acceptance of Engineering Programs of TechnicalPrevention
Administrative Department forMilitary Industrial Enterprises, Ministry of Public Security, Public SecurityOrgan of the People's Government at the Provincial Level
41
Examination, Approval, EngineeringCheck and Acceptance of Construction Programs on Safety Facilities of the BusinessPlaces and Vaults of Financial Institutions
Public Security Organ of the LocalPeople's Government at the County Level or Above
42
Ratification and Issuance ofthe Passes for Boarder Control Areas
Public Security Organ of the People'sGovernment at the Prefecture (Municipal) or County Level
43
Ratification and Issuance ofProprietorship Certificates of Voyaging Vessels
Frontier Defense Department ofPublic Security at the Coastal County Level or Above
44
Ratification and Issuance ofFrontier Defense Registration Certificates of Voyaging Vessels
Frontier Defense Department ofPublic Security at the Coastal County Level or Above
45
Ratification and Issuance ofVoyaging Boatmen Certificates
Frontier Defense Department ofPublic Security at the Coastal County Level or Above
46
Ratification and Issuance ofthe Landing Permits for Seamen of Joint-venture Ships
Frontier Defense Department ofPublic Security at the Coastal County
47
Ratification and Issuance ofthe Boarding Permits for Seamen of Joint-venture Ships
Frontier Defense Department ofPublic Security at the Coastal County
48
Ratification and Issuance ofthe Permits for Taiwan Residents to land
Local Coastal Frontier DefenseWork Stations, Frontier Defense Department of Public Security at the CoastalCounty
49
Ratification and Issuance ofthe Boarding and Working Permits for Labor Service Workers to Taiwan
Frontier Defense Department ofPublic Security at the Coastal County
50
Examination and Approval ofPostponement of Discarding Motor Vehicles
Traffic AdministrativeDepartment of the Public Security Organ of the People's Government atthe Prefecture (Municipal) Level
51
Permission for Transport ofEphedrine
Public Security Organ of thePeople's Government at the Provincial Level
52
Examination and Approval ofthe Establishment of Security Training Institutions
Public Security Organ of thePeople's Government at the Provincial Level
53
Ratification and Issuance ofthe Permits for Purchase and Use of Chemicals Liable to Producing Drugs
Public Security Organ of theLocal People's Government at the County Levelor Above
54
Ratification and Issuance ofPermits for Import and Export of Chemicals Liable to Producing Drugs
Ministry of Public Security
55
Permission for SettingFireworks and Firecrackers at Evening Entertainments
Ministry of Public Security,Public Security Organ of the People's Government at the ProvincialLevel
56
Ratification and Issuance ofthe Permits for Transport of Fireworks and Firecrackers
Public Security Organ of thePeople's Government at the County Level
57
Ratification and Issuance ofEntry and Exit Passes for Boarder Areas
Frontier Defense Department ofPublic Security of the Province, Autonomous Region, or Municipality DirectlyUnder the Central Government
58
Accreditation of theQualifications for Intermediary Service Institutions Engaging in Entry andExit Services for Private Purposes (Excluding Employment and Study Abroad)
Ministry of Public Security
59
Permission for Temporary Entryinto the Territory of China
Entry and Exit FrontierDefense Check Stations of the Public Security Organ
60
Examination and Approval ofthe Manufacture and Saleof Products for Safety Technical Prevention
Public Security Organ of thePeople's Government at the Provincial Level
61
Permission for the Pass of Road Transport of Nuclear Spent Fuel
Ministry of Public Security
62
Permission for the Pass of Domestic Transport Nuclear MaterialsExempted from Inspection
Ministry of Public Security
63
Examination and Approval ofEstablishment of Temporary Parking Lots
Public Security Organ of theLocal Municipal People's Government
64
Ratification and Issuance ofCertificates for Vessels Voyaging to Hong Kong and Macao
Entry and Exit FrontierDefense Check Station of the Public Security Organ
65
Ratification and Issuance ofthe Check Books for Small Vessels Voyaging to Hong Kong and Macao
Entry and Exit FrontierDefense Check Station of the Public Security Organ
66
Examination and Approval ofConstruction Projects Involving National Security Matters
Ministry of National Security,Local National Security Organ at Each Level
67
Accreditation of theQualifications for Artificial Limb and Orthopedic Device (Auxiliary Device)Manufacturing and Assembling Enterprises
Department of Civil Affairs ofthe People's Government at the Provincial Level
68
Registration of the PracticingQualifications for Artificial Limb and Orthopedic Device (Auxiliary Device)Makers
Ministry of Civil Affairs
69
Examination and Approval ofEstablishment of Social Welfare Institutions through Joint Venture andCooperation with Foreign Parties
Department of Civil Affairsand Commerce Administrative Department of the People's Government atthe Provincial Level
70
Ratification of theApplication of Chinese Residents Among the Permanent Residents of Hong Kongand Macaofor Engaging in Legal Profession in the Inland
Judicial AdministrationDepartment of the People's Government at the Provincial Level
71
Ratification of the Positionsof Inland Law Firms' Legal Councils Held by Hong Kong and Macao Lawyers
Judicial AdministrationDepartment of the People's Government at the Provincial Level
72
Ratification of JointOperation of Hong Kong or MacaoLaw Firms with Inland Law Firms
Judicial AdministrationDepartment of the People's Government at the Provincial Level
73
Examination and Approval ofthe Qualifications for Chinese Authorized Notaries (Hong Kong)
Ministry of Justice
74
Examination and Approval ofthe Qualifications for Chinese Authorized Notaries (Macao)
Ministry of Justice
75
Practicing Ratification ofGrass-roots Legal Service Workers
Judicial AdministrationDepartment of the People's Government at the Provincial Level or theAuthorized Judicial Administration Department of the Next Lower Level
76
Practicing Ratification ofJudicial Authenticators Providing Services to the Public
Ministry of Justice, JudicialAdministration Department of the People's Government at the ProvincialLevel
77
Examination and Approval of theEstablishment of Judicial Authentication Institutions Providing Services tothe Public
Ministry of Justice, JudicialAdministration Department of the People's Government at the ProvincialLevel
78
Examination and Approval ofNotaries' Practicing Business
Ministry of Justice, JudicialAdministration Department of the People's Government at the ProvincialLevel
79
Examination and Approval of theMatters Related to Export Credit Insurance
Ministry of Finance
80
Examination and Approval of theMatters on the Establishment of Tax-free Places
Ministry of Finance, GeneralAdministration of Customs, State Administration of Taxation
81
Examination and Approval of theQualifications for Treasury Bond Underwriting Syndicate Members
Ministry of Finance, People'sBank of China, CSRC
82
Examination and Approval ofAccounting Firms' Engaging in the Business Related to Securities andFutures
Ministry of Finance, CSRC
83
Examination and Approval ofthe Qualifications for Asset Valuation Institutions to Engage in SecuritiesBusiness
Ministry of Finance, CSRC
84
Examination and Approval of theOccupational Qualifications for the Professionals Listed into the Scope ofGovernmental Administration
Ministry of Personnel,Relevant Administrative Departments of the State Council
85
Examination and Approval ofNational Job Fairs
Ministry of Personnel
86
Examination and Approval ofthe Establishment of Job Intermediary Service Institutions and Their Scope ofBusiness
Personnel AdministrativeDepartment of the People's Government at the County Levelor Above
87
Examination and Approval ofthe Establishment of Technical Schools
Ministry of Labor and SocialSecurity, Labor and Social Security Administrative Department of the People'sGovernment at the Provincial Level
88
Accreditation of theQualifications for Job Intermediary Institutions
Labor and Social SecurityAdministrative Department of the Local People's Government
89
Examination and Approval ofthe Establishment of Chinese-foreign Equity (Cooperative) Job IntermediaryInstitutions
Labor and Social SecurityAdministrative Department of the People's Government at the ProvincialLevel
90
Accreditation of theQualifications for Overseas Job Intermediary Institutions
Ministry of Labor and SocialSecurity
91
Examination, Ratification andRegistration of the Foreign Occupational Qualification Certificates Focusingon Skills and the Qualifications for the Certificate Issuance Institutions
Ministry of Labor and SocialSecurity
92
Accreditation of theQualifications for Institutions Handling Supplementary Insurances
Ministry of Labor and SocialSecurity
93
Permission for Foreigners toBe Employed in China
Labor and Social SecurityAdministrative Department of the People's Government at the ProvincialLevel or at the Authorized Prefecture (Municipal)Level
94
Permission for People from Taiwan, Hong Kong and Macao to Be Employed in the Inland
Labor and Social SecurityAdministrative Department of the People's Government at the ProvincialLevel, or Labor and Social Security Administrative Department of the People'sGovernment at the Authorized Prefecture (Municipal) Level
95
Ratification of the Special COS (Chip Operating System) of Social Security Cards
Ministry of Labor and SocialSecurity
96
Permission for Excavation,Entry and Exit of Fossils
Ministry of Land and Resources
97
Accreditation of theEligibilities for Geological Survey Entities
Ministry of Land andResources, Land and Resource Administrative Department of the People'sGovernment at the Provincial Level
98
Registration of PracticingQualifications for Urban Planners
Ministry of Construction
99
Accreditation of theEligibilities for Construction Cost Consulting Entities
Ministry of Construction,Construction Administrative Department of the People's Government atthe Provincial Level
100
Accreditation of the Eligibilitiesfor Urban Planning Compilation Entities
Urban Planning AdministrativeDepartment of the People's Government at the County Levelor Above
101
Ratification of the Treatmentof Urban Construction Garbage
City Appearance andEnvironmental Sanitation Administrative Department of the Municipal People'sGovernment
102
Examination and Approval ofCommercial Clearing, Collection, Transport and Treatment Services of Urban Domestic Garbage
City Appearance and EnvironmentalSanitation Administrative Department of the Local Municipal People'sGovernment
103
Ratification and Issuance ofPermits for Urban Water Discharge
Water Discharge AdministrativeDepartment of the Local Municipal People's Government
104
Examination and Approval ofAlteration of Gas Facilities
Urban ConstructionAdministrative Department of the Local People's Government at the County Level or Above
105
Ratification and Issuance ofthe Qualification Certificates for Foreign-funded Enterprises to ProvideUrban Planning Services
Ministry of Construction,Ministry of Commerce
106
Examination and Approval ofSite Selection of Construction Projects in Scenic Spots
Construction AdministrativeDepartment of the People's Government at the County Levelor Above
107
Examination and Approval ofAmendment of Afforestation Planning and the Natureof Land Used for Afforestation
Afforestation Administrative Department of theMunicipal People's Government
108
Examination and Approval of Anti-seismicStructure for Over-limitedHigh-rise Construction Projects
Construction AdministrativeDepartment of the People's Government at the Provincial Level
109
Examination and Approval ofthe Put-up of Various Municipal Pipelines on Urban Bridges
Municipal Engineering FacilitiesAdministrative Department of the Local Municipal People's Government
110
Ratification of the Eligibilitiesfor Real Estate Valuation Institutions
Real Estate AdministrativeDepartment of the Local People's Government at the County Levelor Above
111
Examination and Approval ofNewly Built Urban Gas Enterprises
Construction AdministrativeDepartment of the Local Municipal People's Government
112
Ratification and Issuance ofTaxi Business Qualification Certificates, Vehicle Transport Business Certificatesand Drivers' Passenger Transport Qualification Certificates
Taxi Administrative Departmentof the Local People's Government at the County Levelor Above
113
Examination and Approval ofInitiation of Railway Projects with Foreign Loans
Ministry of Railways
114
Examination and Approval ofNo-stop Passenger and Freight Train Transport, Military Transport and SpecialFreight Transport
Ministry of Railways
115
Examination and Approval ofRailway Transport with Self-provided Vehicles of Enterprises
Ministry of Railways
116
Examination and Approval of FirePrevention Design of Railway Engineering Construction
Fire Prevention Department ofRailway Public Security
117
Accreditation of the RailwayProfessional Eligibilities for Construction Undertaking Enterprises
Ministry of Railways
118
Accreditation of the RailwayProfessional Eligibilities for Engineering Survey and Design Enterprises
Ministry of Railways
119
Accreditation of the RailwayProfessional Eligibilities for Engineering Supervision Enterprises
Ministry of Railways
120
Accreditation of the RailwayProfessional Eligibilities for Engineering Consulting Entities
Ministry of Railways
121
Accreditation of the RailwayProfessional Eligibilities for Construction Costs Consulting Entities
Ministry of Railways
122
Examination and Approval ofConnection of Enterprises' Special Railway Lines with National Railways
Ministry of Railways
123
Technical Certification of NewSpecial Railway Instrument Products of Metrology
Ministry of Railways
124
Examination and Approval ofInitiation of Railway Construction Projects
Ministry of Railways
125
Examination and Approval of theStandards for Railway Enterprises and Railway Public Institutions to ImportElectronic and Mechanical Products
Ministry of Railways
126
Accreditation of theEligibilities for Railway Engineering Pile Testing Entities and theQualifications for Testers
Ministry of Railways
127
Permission for Access ofSpecial Railway Self-rolling Equipment
Ministry of Railways
128
Ratification and Issuance ofthe Special Permits for Manufacture of Railway Industrial Products
Ministry of Railways
129
Ratification and Issuance ofthe Special Permits for Manufacture of Chained Railway Computer Equipment
Ministry of Railways
130
Examination and Approval ofthe Programs on Reinforcing the Loaded Railway Goods
Ministry of Railways
131
Examination and Approval of theEstablishment, Revocation and Modification of Railway Transport Enterprises
Ministry of Railways
132
Examination and Approval ofthe Primary Design, Modification Design and Overall Budgetary Estimation ofNational Large and Medium Railway Construction Projects, Updating orRebuilding Projects at or Over the Limited Capital, and Projects Designated bythe Ministry of Railways
Ministry of Railways
133
Ratification and Issuance ofthe Conformity Certificates on Safe Transport Business and PollutionPrevention Capacity of Shipping Companies
Ministry of Communications
134
Ratification and Issuance ofSafety Certificates for International Vessels and Port Facilities
Ministry of Communications
135
Examination and Approval ofBusiness Operation of Newly Added Passenger Vessels and Vessels......