Implementation Of Administrative Licensing For Quality Supervision, Inspection And Quarantine

- Oct 25, 2018-

Section 1 application and acceptance


Article 14 Where a citizen, legal person or other organization needs to adopt the format text of an application for administrative license, the quality inspection department shall provide the format text to the applicant. The format text of the application shall not contain any content that is not directly related to the application for administrative licensing matters.


The fifteenth applicant may entrust an agent to apply for an administrative license. However, the application for administrative licensing shall be made by the applicant himself in accordance with the law.


If an agent entrusts an application for administrative license, the original power of attorney and the duplicate identity certificates of both parties shall be submitted.


Article 16 Where the applicant requests the quality inspection department to explain and explain the contents of the announcement, the quality inspection department shall explain and explain, and provide accurate and reliable information.


Article 17 When an applicant applies for administrative license at the office of the quality inspection department, he shall submit the application form and all the materials required to be submitted as announced by the quality inspection department.


The applicant shall submit an application for administrative license by means of letter, telegram, telex, fax, electronic data interchange and e-mail, and shall submit the application materials in conformity with the statutory form promulgated by the quality inspection department.


The applicant shall be responsible for the authenticity of the substance of the application materials submitted.


Article 18 Where an applicant applies to the office of the quality inspection department, the time for the applicant to submit the application materials shall be the time for the application.


Where an applicant applies by letter, telegram, telex, fax, electronic data interchange and e-mail, the time of receipt and approval by the quality inspection department shall be the time of application. If the original application materials need to be checked according to law, the time when the quality inspection department receives the original application materials is the time when the application is filed.


Article 19 The quality inspection department shall handle the application for administrative license submitted by the applicant according to the following conditions:


(1) if the application matters do not require administrative permission in accordance with the law, the applicant shall be informed immediately.


(2) If the application does not fall within the scope of the functions and powers of the administrative organ according to law, the applicant shall immediately make a decision not to accept the application and inform the applicant to apply to the relevant administrative organ;


(three) there are errors in the application materials that can be corrected on the spot, and applicants should be allowed to make corrections on the spot.


(4) If the application materials are incomplete or do not conform to the legal form, the applicant shall be informed of all the contents that need to be corrected on the spot or within five days from the date of receiving the application materials. Those who fail to notify the applicant within the time limit shall be accepted as of the date of receipt of the application materials.


(5) If the application items fall within the scope of the functions and powers of the administrative organ and the application materials are complete and in accordance with the legal form, or if the applicant submits all the application materials for correction in accordance with the requirements of the administrative organ, the application for administrative license shall be accepted.


Article 20 If the quality inspection department accepts or refuses to accept an application for administrative license, or informs the applicant to correct the application materials, it shall issue a written certificate affixed with the special seal for administrative license of the administrative organ and marked with the date, and serve it to the applicant according to law. If an administrative license is entrusted, the written certificate issued by the entrusted organ shall be affixed with a special seal for the administrative license of the entrusted organ.


The applicant applies for administrative license by means of letter, telegram, telex, fax, electronic data exchange and e-mail. The quality inspection department shall, in accordance with the provisions of the preceding paragraph, inform the applicant in an appropriate manner of the handling of the application for administrative license.


Article 21 Quality inspection departments at all levels shall establish and improve the electronic administrative licensing management system, implement e-government, and facilitate applicants to apply for administrative licensing by means of data messages.


Second section review and decision


The twenty-second quality inspection departments should examine the application materials submitted by the applicants in time.


If the application materials submitted by the applicant are complete and conform to the legal form, and the administrative licensing decision can be made on the spot, the applicant shall make the administrative licensing decision on the spot. If it is necessary to verify the substance of the application materials according to law, two or more inspectors shall be assigned to carry out on-site inspection. The inspectors shall carry out the inspections strictly in accordance with the relevant inspection requirements, and shall not claim or accept the applicant's property or seek other interests.


If the applicant makes an application by means of letter, telegram, telex, fax, electronic data interchange and electronic mail, the inspector shall check the original of the application materials and indicate the situation of the verification in the on-site inspection. If the applicant is unable to submit the original application materials or verifies that the application materials are not in conformity with the original, the quality inspection department shall make a decision not to grant administrative permission.


Article 23 The professional and technical organizations and their staff responsible for inspection, inspection, quarantine or appraisal and expert appraisal shall carry out their work in accordance with laws, regulations, rules, standards and technical specifications.


If laws, regulations, rules, standards and technical specifications stipulate time limits for inspection, testing, quarantine or appraisal by experts, they shall comply with the provisions; if they do not, they shall be completed within a reasonable time limit.


Article 24 The quality control department shall announce to the public and hold hearings on matters which the law, regulations and rules stipulate should be heard for the implementation of administrative licensing, or on other important administrative licensing matters which the quality control department considers necessary to hear involving public interests. If the administrative license directly involves the significant interest relationship between the applicant and others, the quality inspection department shall inform the applicant and the interested party before making the administrative license decision.

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