Legal Responsibility For Implementing The Administrative Licensing Of Quality Supervision, Inspection And Quarantine

- Oct 25, 2018-

Article 57 In case of any of the following violations of the provisions of these Measures, the higher-level quality inspection department shall order it to make corrections within a specified period of time and shall notify the critics:


(1) the relevant contents of the administrative license shall not be disclosed in accordance with the fourth provision of the present measures.


(2) Failing to accept the application for administrative license and serve the decision on administrative license uniformly in accordance with Article 5 of these Measures;


(3) entrusting the implementation of administrative licensing without publicizing to the public the main contents of the power of attorney for administrative licensing or the changes, suspensions or terminations thereof;


(4) failing to make public the contents of the application period for alteration or extension of administrative license or the procedures for handling it or the legal consequences of failing to apply on time;


(5) Failing to perform the duties of follow-up supervision and inspection or to establish administrative licensing supervision and inspection archives in accordance with the provisions of these Measures.


Article 58 In case of any of the following violations of the provisions of these Measures, the organ or the quality inspection department at a higher level shall order it to make corrections, report criticisms, and investigate the corresponding legal liabilities for the persons in charge directly responsible and other persons directly responsible according to law:


(1) there is no statutory basis or no administrative license fees are charged according to statutory items and standards.


(two) to terminate administrative licensing without refund of administrative licensing fees according to the provisions of these measures;


(3) Revoking, revoking, withdrawing or revoking administrative licenses, which have not been carried out in accordance with the prescribed procedures, resulting in serious consequences;


(4) In the process of handling administrative permission and carrying out follow-up supervision and inspection, obstructing other people's normal production and business activities, causing serious impact or claiming or accepting other people's property for other interests;


(5) Failure to perform the duty of follow-up supervision and inspection of administrative licensing according to law or failure to report and notify the discovered illegal acts according to law, resulting in serious consequences.


Article 59 If the entrusted organ, in violation of the provisions of Article 10 of these Measures, has exceeded the scope of entrusted authority or entrusted another organization or individual to implement administrative license, if the administrative license is illegal or improper, the entrusted organ shall order it to make corrections, notify it, and inform the person in charge directly responsible and other persons directly responsible according to law. Administrative sanctions shall be imposed.


Article 60 If a professional technical organization or its staff who, in violation of the provisions of Article 23 of these Measures, undertakes the task of inspection, testing, quarantine or appraisal and expert appraisal fails to carry out their work in accordance with the provisions of laws, regulations, rules, standards and technical specifications, the quality inspection department shall order them to make corrections; if the circumstances are serious, the penalty shall be 30,000 yuan. A fine shall be imposed below RMB until its qualification for inspection, inspection and quarantine related to administrative license is cancelled. Where laws, regulations and rules provide otherwise, such provisions shall be followed.


Professional and technical organizations and their staff members who illegally carry out inspection, inspection, quarantine or appraisal, expert review, and cause damage to the legitimate rights and interests of the parties, shall be liable for compensation according to law.


Article 61 If a licensee fails to maintain the necessary conditions and requirements for continuing to engage in administrative licensing activities, or fails to cooperate with or refuses to supervise and inspect the quality inspection department according to law, he shall be ordered to make corrections; if he refuses to make corrections or fails to make corrections within the time limit, he shall be fined not more than 30,000 yuan, until his administrative licensing is revoked. Where laws, regulations and rules provide otherwise, such provisions shall be followed.

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