Recently, the Ministry of Justice (MOJ) has issued the Questions and Answers on the Opinions of the General Office of the State Council on Strictly Regulating Administrative Inspections on Enterprises (the "Q&A").
The Q&A provides clarification on 25 issues across eight areas, including overall requirements, the identification of administrative inspection authorities, the cleanup and publication of inspection items, and the reasonable determination of administrative inspection methods. It regulates the definition and types of administrative inspections on enterprises, explains how to interpret the term "involving enterprises," and clarifies how to announce the qualification of relevant authorities under the State Council to serve as administrative inspection authorities. Regarding the legal basis for administrative inspections on enterprises, the Q&A specifies that the term "legal basis" mentioned in the Opinions refers to the legal foundation for establishing such inspections, which is limited to laws, administrative regulations, departmental rules, and decisions or orders issued by the State Council, and such inspections must be established strictly within the respective scope of legislative authority. The Q&A further clarifies that normative administrative documents are not permissible grounds for establishing administrative inspections on enterprises.