行政许可法英文.docx

1、行政许可法英文Administrative Permission Law of the Peoples Republic of China（中华人民共和国行政许可法）(Adopted at the 4th Meeting of the Standing Committee of the Tenth National Peoples Congress on August 27, 2003 and promulgated by Order No.7 of the President of the Peoples Republic of China on August 27, 2003) Conte

2、nts Chapter I General Provisions Chapter II Institution of the Procedure for Administrative Permission Chapter III Department Granting Administrative Permission Chapter IV Procedures for Granting Administrative Permission Section 1 Application and Acceptance Section 2 Examination and Decision Sectio

3、n 3 Time Limit Section 4 Hearing Section 5 Alteration and Extension Section 6 Special Provisions Chapter V Fees for Administrative Permission Chapter VI Supervision and Inspection Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law i

4、s enacted in accordance with the Constitution to standardize the institution of the procedure for, and the granting of, administrative permission, to protect the legitimate rights and interests of citizens, legal persons and other organizations, to safeguard public interests and maintain public orde

5、r, and to ensure and supervise the effective exercise of administration by administrative departments. Article 2 For purposes of this Law, administrative permission means approval given to citizens, legal persons and other organizations for engaging in special activities by administrative department

6、s on the basis, and upon examination according to law, of their applications. Article 3 This Law is applicable to the institution of the procedure for, and the granting of, administrative permission. This Law is not applicable to the examination and approval by the relevant administrative department

7、s of such matters as personnel, financial and foreign-related affairs of other departments or of the institutions directly under the administration of the said departments. Article 4 The procedure for administrative permission shall be instituted and administrative permission shall be granted in acc

8、ordance with the statutory limits of power, scope, requirements and procedures. Article 5 The procedure for administrative permission shall be instituted and administrative permission shall be granted in adherence to the principles of openness, fairness and impartiality. Provisions on administrative

9、 permission shall be promulgated; and no provisions that are not promulgated shall be made the basis for the granting of administrative permission. The granting and outcome of administrative permission shall be publicized except where State secrets, business secrets and individual privacy are involv

10、ed. The applicants who meet the statutory requirements and standards shall have the equal right to obtain administrative permission according to law, and administrative departments shall not discriminate against any of them. Article 6 Administrative permission shall be granted in adherence to the pr

11、inciple of meeting the convenience of people with greater efficiency and fine service. Article 7 With regard to the granting of administrative permission by administrative departments, citizens, legal persons and other organizations shall have the right to make their statements and argue their cases

12、; they shall have the right, in accordance with law, to apply for administrative reconsideration or bring an administrative suit; and they shall have the right to demand compensation according to law if their legitimate rights and interests are damaged due to the unlawful granting of administrative

13、permission by administrative departments. Article 8 Administrative permission obtained according to law by citizens, legal persons or other organizations shall be protected by law. No administrative departments shall, without authorization, change the administrative permission already in effect. Whe

14、re the laws, regulations or rules, on the basis of which administrative permission is granted, have been revised or abolished, or major charges have occurred in the objective circumstances, on the basis of which administrative permission is approved, administrative departments may, for the need of p

15、ublic interests and in accordance with law, alter or revoke the administrative permission already in effect. Where, as a consequence, losses are caused to the property of citizens, legal persons or other organizations, administrative departments shall make them compensations according to law. Articl

16、e 9 Administrative permission obtained according to law shall not be transferred except where laws and regulations provide that it may be transferred according to statutory requirements and procedures. Article 10 Peoples governments at or above the county level shall establish a sound system to supe

17、rvise the granting of administrative permission by administrative departments and exercise strict supervision over and inspection of the granting of such permission by the said departments. Administrative departments shall carry out effective supervision over the activities engaged in by citizens, l

18、egal persons and other organizations, to which administrative permission is granted. Chapter II Institution of the Procedure for Administrative Permission Article 11 The procedure for administrative permission shall be instituted in adherence to the laws governing economic and social development and

19、 for the benefit of bringing into full play the enthusiasm and initiative of citizens, legal persons and other organizations, safeguarding public interests, maintaining public order and promoting the harmonious development of the economy, society and the ecological environment. Article 12 The proced

20、ure for administrative permission may be instituted for the following matters: (1) matters relating to the special activities that directly involve State security, macro-economic control and protection of the ecological environment and that have a direct bearing on human health and the safety of peo

21、ples lives and property, which are subject to approval in accordance with the statutory requirements; (2) matters relating to the development and utilization of limited natural resources, the allocation of public resources as well as access to the market of the special trades that have a direct bear

22、ing on public interests, etc., to which special rights need to be granted; (3) matters relating to the professions and trades that provide services to the public and that have a direct bearing on public interests, the qualifications and competence to be possessed by which, such as the special credib

23、ility, conditions and skills, need to be affirmed; (4) matters relating to the important equipment, facilities, products and articles that have a direct bearing on public security, human health, and the safety of peoples lives and property, which need to be verified by means of inspection, test, qua

24、rantine, etc. and in accordance with technical standards and specifications; (5) matters relating to the establishment of an enterprise or other organization, the capacity of which as a subject needs to be affirmed; and (6) other matters for which the procedure for administrative permission may be i

25、nstituted, as provided for by laws and administrative regulations. Article 13 For the matters specified in Article 12 of this Law which can be regulated by the following means, institution of the procedure for administrative permission may be exempted: (1) matters on which citizens, legal persons an

26、d other organizations can make decisions themselves; (2) matters which can effectively be regulated by the competitive mechanism of the market; (3) matters which the organizations of trades or intermediary bodies can manage through self-discipline; and (4) matters which administrative departments ca

27、n solve by other administrative means such as supervision afterwards. Article 14 With respect to the matters specified in Article 12 of this Law, the procedure for administrative permission may be instituted by law. Where such a law is not enacted, it may be instituted by administrative regulations.

28、 When necessary, the State Council may institute the procedure for administrative permission by means of promulgating decisions. After implementation of such decisions, the State Council shall, except for matters to which provisional administrative permission is granted, without delay request the Na

29、tional Peoples Congress or its Standing Committee to enact laws, or formulate administrative regulations itself. Article 15 Where laws or administrative regulations on the matters specified in Article 12 of this Law are not formulated, the procedure for administrative permission for them may be inst

30、ituted by local regulations; where neither laws and administrative regulations nor local regulations are formulated, and where it is really necessary for administrative permission to be granted directly for the need of administration, the peoples governments of provinces, autonomous regions, and mun

31、icipalities directly under the Central Government may institute provisional procedure for administrative permission in the form of rules. Where it is necessary to continue granting such provisional administrative permission at the expiration of a whole year, the said governments shall request the pe

32、oples congresses or their standing committees at the corresponding levels to formulate local regulations. No procedure for administrative permission in respect of the qualifications and competence of citizens, legal persons and other organizations, which are to be affirmed by the State in a unified manner, may be instituted in the form of local regulations or rules of the peoples governments of provinces, autonomous regions, and municipalities directly under the Central Government; nor shall the procedure for administrative permission in respect of the setting