Supervision And Management Of Implementation Measures For Quality Supervision, Inspection And Quarantine Administrative Licensing

- Oct 25, 2018-

Section 1 Evaluation of administrative license


Article 45 The quality inspection departments at or above the provincial level shall, according to their work needs, evaluate the situation and the necessity of the administrative licensing carried out by the quality inspection departments at or below the provincial level.


Article 46 The quality inspection department may evaluate the administrative licensing on its own, or may entrust relevant evaluation agencies or organizations to carry out the evaluation.


The evaluation may take the form of hearings, demonstration meetings and symposiums to hear the opinions and suggestions of citizens, legal persons or other organizations as well as experts and scholars.


Forty-seventh the contents of the evaluation of administrative license should include:


(1) the overall situation of implementing administrative licensing;


(two) the social and social costs of implementing administrative licensing;


(three) whether the administrative license can achieve the expected management target;


(four) the problems and reasons encountered in the implementation of administrative licensing;


(five) the necessity and rationality of the continued implementation of administrative license;


(six) other contents that need to be evaluated.


Article 48 After completing the evaluation, the State Administration of Quality Supervision, Inspection and Quarantine shall put forward opinions and suggestions on the cancellation, retention, merger or decentralization of the administrative licensing items for evaluation, and form an evaluation report, which shall be submitted to the establishment organ of the administrative licensing.


The provincial quality and quarantine departments shall, after completing the evaluation, submit the evaluation reports, opinions and suggestions to the State Administration of Quality Supervision, Inspection and Quarantine; and the evaluation reports, opinions and suggestions on the administrative licensing matters prescribed by local laws and regulations shall be submitted to the enacting organs of administrative licensing, and shall also report them to the State Administration of Quality Supervision, Inspection and Quarantine.


The second section is internal supervision.


Article 49 The higher quality inspection departments shall strengthen the supervision and inspection of administrative licensing for the lower quality inspection departments through periodic or irregular examination of administrative law enforcement responsibility system, examination of administrative licensing files, special examination of administrative licensing and handling of complaint cases, and timely discovery and correction of administrative licensing in the implementation of administrative licensing. Illegal or improper behavior.


Article 50 Where an administrative license is entrusted, the entrusted organ shall, through periodic or irregular verification, strengthen the supervision and inspection of the entrusted organ in the implementation of the administrative license, and promptly discover and correct illegal or improper acts in the implementation of the administrative license.


Article 51 The quality and inspection departments shall establish and improve supervision systems, strengthen supervision over professional and technical organizations and their staff, and promptly discover and correct illegal or improper acts in inspection, inspection, quarantine or appraisal and expert evaluation activities.


The third section is about the supervision of the Licensee.


Article 52 Quality inspection departments at all levels shall establish and improve the system of follow-up supervision and inspection of administrative licenses, strengthen the follow-up supervision of licensees within their administrative areas, and inspect whether licensees maintain the conditions and requirements for obtaining administrative licenses continuously.


Article 53 Quality inspection departments at various levels shall establish supervision and inspection archives for licensees within their respective administrative areas.


When the quality inspection department carries out supervision and inspection according to law, it shall record the inspection situation and the results of treatment, which shall be signed by the supervision and inspection personnel and filed.


Article 54 Quality inspection departments at all levels shall, in accordance with their powers of supervision and inspection or through reporting, complaining or handing over by higher authorities, promptly verify and deal with the clues of illegal acts committed by licensees within their administrative areas. The verification and processing results are filed in accordance with the fifty-third provision of these measures.


In accordance with the principle of administrative penalty jurisdiction, the quality inspection departments at all levels shall, if they impose administrative penalties on the illegal acts committed by the licensee according to law, report the illegal facts and the results of treatment of the licensee step by step or notify the quality inspection departments that grant administrative permission.


Article 55 When implementing supervision and inspection, the quality inspection departments at various levels may consult or require the licensee to submit relevant materials according to law, carry out sampling inspection, inspection and testing of the products produced and operated by the licensee according to law, and conduct on-the-spot inspection of the places of production and operation according to law.


If the relevant laws, regulations and rules clearly stipulate the ways, means and measures of supervision and inspection, they shall be implemented in accordance with the provisions.


The Licensee shall cooperate with the supervision and inspection of the administrative law enforcement personnel and provide truthfully relevant information and materials concerning the activities of the Licensee in the relevant administrative licensing matters.


Article 56 When carrying out supervision and inspection, the quality inspection departments at various levels shall not obstruct the normal production and operation activities of the licensee, nor claim or accept the property of the licensee, nor seek other interests.

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