Implementation Organ Of Administrative Licensing For Quality Supervision, Inspection And Quarantine

- Oct 25, 2018-

The eighth quality inspection departments at all levels shall be responsible for the implementation of administrative licensing within the statutory terms of reference.


Article 9 In accordance with the provisions of laws and administrative regulations and the requirements of the reform of the administrative examination and approval system under the State Council, the State Administration of Quality Supervision, Inspection and Quarantine may, according to the actual needs of the work, delegate the administrative level to the lower level and hand over the administrative licensing matters to the lower level of the quality inspection department for implementation.


The administrative licensing matters that decide to delegate management level shall be publicize to the public in the form of announcement.


Article 10 Within the scope of its statutory functions and powers, the higher-level quality inspection department may, according to the actual work needs, entrust the administrative licensing matters it is responsible for implementing to the lower-level quality inspection department for implementation.


The entrusting organ shall bear legal liability for the consequences of the administrative license granted by the entrusted organ.


The entrusted organ shall implement the administrative license in accordance with the law in the name of the entrusted organ within the scope of the entrusted authority; no other organization or individual may be entrusted with the implementation of the administrative license.


Article 11 If an administrative license is entrusted, the entrusted authority may entrust all or part of the powers of acceptance, examination (verification) and decision of the administrative license to the entrusted authority.


In entrusting administrative licensing, the entrusted organ and the entrusted organ shall sign a power of attorney, which shall contain the following main contents:


(1) the name of the entrusting organ;


(two) the name of the entrusted institution;


(three) the names of matters entrusted to the implementation of administrative licensing and the scope of delegated authority;


(four) the rights and obligations of the entrusting organ and the entrusted organ;


(five) the time limit for entrusting the implementation of administrative license.


If the time limit for entrustment needs to be extended, the entrusted authority shall sign the power of attorney again with the entrusted authority 15 days before the expiry date of the power of attorney for administrative license.


Article 12 The entrusted organ shall announce to the public the name of the entrusted organ and the entrusted administrative license, the scope of entrusted authority and the period of entrusted authority. The entrusted organ shall, in accordance with Article 4 of these Measures, make public the relevant contents of the entrusted administrative license.


If the entrusting organ changes, suspends or terminates the entrustment of the administrative license, it shall announce it to the public in a timely manner.


Article 13 If the quality inspection departments at all levels need to inspect, inspect, quarantine or appraise equipment, facilities, products and articles according to law and carry out administrative licensing, or expert appraisal, they may entrust professional and technical organizations that meet statutory requirements to carry out such licensing, except for those that should be implemented by administrative organs according to law.


The entrusted professional and technical organizations and their staff members shall bear legal responsibility for the conclusions of inspection, inspection and quarantine.

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