Decision of the State Council on Matters relating to Cancelling and Adjusting a Batch of Administrative Examination and Approval Items
Decision of the State Council on Matters relating to Cancelling and Adjusting a Batch of Administrative Examination and Approval Items
Decision of the State Council on Matters relating to Cancelling and Adjusting a Batch of Administrative Examination and Approval Items
Guo Fa [2014] No.50
October 23, 2014
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council, and all institutions directly under the State Council,
After research and demonstration, the State Council has decided to cancel or delegate 58 administrative approval items, cancel 67 professional qualification licensing and certification items, cancel 19 appraisal, up-to-standard and commendation items, and adjust or specify 82 items for industrial and commercial registration subject to prior examination and approval into or as items subject to post-examination and approval. It is also suggested cancelling or delegating 32 administrative examination and approval items and professional qualification licensing and certification items established pursuant to the relevant laws, and changing seven items for industrial and commercial registration subject to prior examination and approval which are established pursuant to the relevant laws into items subject to post-examination and approval. The State Council will submit a proposal to the Standing Committee of the National People's Congress according to legal procedures to amend the relevant legal provisions.
Appendix I List of Administrative Examination and Approval Items that the State Council Decided to Cancel or Delegate to the Administrative Authorities at Lower Level (58 items in total)
| No. | Description | Approving authority | Other joint approving authority | Basis of establishment | Decision | Remarks |
| 1 | Examination and approval of over-the-counter transactions in book-entry treasury bonds handled by a commercial bank | People's Bank of China | Ministry of Finance | Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary to Be Retained (Order of the State Council No.412) | To be cancelled | |
| 2 | Approval of issue of loan cards | People's Bank of China | Nil | Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary to Be Retained (Order of the State Council No.412) | To be cancelled | This item was originally under the charge of the People's Bank of China and its branches and is removed this time |
| 3 | Examination and approval of gold and its products carried by an individual into or out of China | People's Bank of China | Nil | Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary to Be Retained (Order of the State Council No.412) | To be cancelled | |
| 4 | Examination and approval of repatriation and conversion into RMB of funds raised overseas under the account of overseas listed foreign shares | State Administration of Foreign Exchange | Nil | Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary to Be Retained (Order of the State Council No.412) | To be cancelled | This item was originally under the charge of the State Administration of Foreign Exchange and its branches and is removed this time |
| 5 | Examination and approval of qualification of trustee of a qualified foreign institutional investor | China Securities Regulatory Commission | State Administration of Foreign Exchange and China Banking Regulatory Commission | Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary to Be Retained (Order of the State Council No.412) | To be cancelled | |
| 6 | Examination and approval of change in legal representative, domicile or place of business, or establishment or close of a domestic branch, or change in the scope of business of a domestic branch by a futures company | China Securities Regulatory Commission | Nil | Administrative Regulations on Futures Trading (Order of the State Council No.627) | To be cancelled | This item was originally under the charge of local offices of the China Securities Regulatory Commission |
| 7 | Examination and approval of administrative reorganization or extension of period of administrative reorganization of a securities company | China Securities Regulatory Commission | Nil | Regulations on Risk Disposal by Securities Companies (Order of the State Council No.523) | To be cancelled | |
| 8 | Examination and approval of change in name, registered capital, shareholder, domicile or scope of duties, or formulation or amendment of articles of association, or establishment or close of a branch by a securities finance company | China Securities Regulatory Commission | Nil | Tentative Measures for the Supervision and Administration of Refinancing Business (Order of the China Securities Regulatory Commission [2011] No.75) | To be cancelled | |
| 9 | Examination and approval of measures for the administration of refinancing fidelity funds | China Securities Regulatory Commission | Nil | Tentative Measures for the Supervision and Administration of Refinancing Business (Order of the China Securities Regulatory Commission [2011] No.75) | To be cancelled | |
| 10 | Examination and approval of rules for refinancing business | China Securities Regulatory Commission | Nil | Tentative Measures for the Supervision and Administration of Refinancing Business (Order of the China Securities Regulatory Commission [2011] No.75) | To be cancelled | |
| 11 | Examination and approval of rules for supervision and control of margin trading and short selling business of a securities company | China Securities Regulatory Commission | Nil | Tentative Measures for the Supervision and Administration of Refinancing Business (Order of the China Securities Regulatory Commission [2011] No.75) | To be cancelled | |
| 12 | Examination and approval of borrowing, issuance, repayment or cashing of subordinated debts by a securities institution engaging in securities-related business | China Securities Regulatory Commission | Nil | Administrative Provisions on Subordinated Debts of Securities Companies (Announcement of the China Securities Regulatory Commission [2012] No.51) | To be cancelled | |
| 13 | Examination and approval of exemption of historic taxes owed by an enterprise in the old northeast industrial base that has completed reorganization or restructuring and meets the requirements for exemption | State Administration of Taxation | Departments of finance in Liaoning Province, Jilin Province, Heilongjiang Province and Dalian City | Circular of the Ministry of Finance and the State Administration of Taxation on Issues concerning the Exemption of Historic Taxes Owed by Enterprises in the Old Northeast Industrial Base (Cai Shui [2006] No.167), and Official Reply of the Ministry of Finance and the State Administration of Taxation on Issues concerning the Exemption of Historic Taxes Owed by Enterprises in the Old Northeast Industrial Base (Cai Shui [2009] No.58) | To be cancelled | |
| 14 | Examination and approval of refund of consumption tax on grape wine | State Administration of Taxation | Nil | Administrative Measures for the Consumption Tax on Grape Wine (for Trial Implementation) (Guo Shui Fa [2006] No.66) | To be cancelled | |
| 15 | Examination and approval of refund of consumption tax in the event of return of goods sold | State Administration of Taxation | Nil | Detailed Rules for the Implementation of the Interim Regulations of the People's Republic of China on Consumption Tax (Order of the Ministry of Finance and the State Administration of Taxation [2008] No.51) | To be cancelled | |
| 16 | Examination and approval of retroactive payment of consumption tax in the event of withdrawal from customs or return from overseas of taxable export consumer goods that have gone through tax exemption formalities | State Administration of Taxation | Nil | Detailed Rules for the Implementation of the Interim Regulations of the People's Republic of China on Consumption Tax (Order of the Ministry of Finance and the State Administration of Taxation [2008] No.51) | To be cancelled | |
| 17 | Record-filing and examination of list of branches at the second level or below of an enterprise whose revenue totally belongs to the Central Government | State Administration of Taxation | Nil | Circular of the State Administration of Taxation on Issues concerning the Collection and Administration of Enterprise Income Tax on the Industrial and Commercial Bank of China Co., Ltd. and Other Enterprises (Guo Shui Han [2010] No.184) | Removed | |
| 18 | Examination of organization changes in structure of an enterprise paying taxes in a consolidated manner | State Administration of Taxation | Nil | Measures for the Collection and Administration of Income Tax on Enterprises that Have Operations in Different Regions and Pay Taxes in a Consolidated Manner (Announcement of the State Administration of Taxation [2012] No.57) | To be cancelled | |
| 19 | Determination of no collection of stamp tax on securities transaction in the event of capital contribution in the form of equity in a listed company | State Administration of Taxation | Nil | Circular of the Ministry of Finance and the State Administration of Taxation on Issues concerning the Policy of Stamp Tax on Securities (Stock) Transaction in the Event of Capital Contribution in the Form of Equity in a Listed Company (Cai Shui [2010] No.7) | To be cancelled | |
| 20 | Certification of professional qualification of first-grade registered architects | Ministry of Housing and Urban-Rural Development | Nil | Construction Law of the People's Republic of China and Regulations of the People's Republic of China on Certified Architects (Order of the State Council No.184) | To be cancelled | |
| 21 | Examination and approval of site selection proposal for track cable, cableway or other major construction projects at a state-level scenic spot | Ministry of Housing and Urban-Rural Development | Nil | Regulations on Scenic Spots (Order of the State Council No.474) | Delegated to the housing and urban-rural development administration departments of the province-level people's governments | |
| 22 | Issuance of qualification certificate to a foreign-invested enterprise engaging in providing urban planning services | Ministry of Housing and Urban-Rural Development | Ministry of Commerce | Law of the People's Republic of China on Urban and Rural Planning, Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary to Be Retained (Order of the State Council No.412), and Administrative Provisions on Foreign-Invested Urban Planning Service Enterprises (Order of the Ministry of Construction [2003] No.116) | To be cancelled | |
| 23 | Port tally service licensing | Ministry of Transport | Nil | Port Law of the People's Republic of China, and Administrative Provisions on Port Operations (Order of the Ministry of Transport [2009] No.13) | Delegated to the transport administration departments of the province-level people's governments | |
| 24 | Construction permit for national key highway project | Ministry of Transport | Nil | Highway Law of the People's Republic of China and Administrative Measures for the Highway Construction Market (Order of the Ministry of Transport [2011] No.11) | Delegated to the transport administrative departments of the province-level people's governments | |
| 25 | Issuance of certificate of insurance or financial guarantee against pollution liability for a vessel transporting hazardous chemicals by inland water | Ministry of Transport | Nil | Administrative Regulations on the Safety of Hazardous Chemicals (Order of the State Council No.591) | To be cancelled | |
| 26 | Issuance of certificate of competency for the crew | Ministry of Transport | Nil | Crew Regulations of the People's Republic of China (Order of the State Council No.494) | Delegated to the maritime administrative departments at the provincial level or below | |
| 27 | Certification of qualification of a crop seed quality inspection institution | Ministry of Agriculture | Nil | Seed Law of the People's Republic of China, and Administrative Measures for Appraisal of Crop Seed Quality Inspection Institutions (Order of the Ministry of Agriculture [2008] No.12) | Delegated to the agricultural administrative departments of the province-level people's governments | |
| 28 | Establishment of bonded factory | General Administration of Customs | Nil | Administrative Measures of the Customs of the People's Republic of China for Bonded Factories Engaging in Processing Trade (Shu Huo Zi [1988] No.343) | To be cancelled | Originally subject to examination and approval by the Customs directly under the General Administration of Customs |
| 29 | Registration of a bonded group engaging in imported materials processing | General Administration of Customs | Nil | Administrative Measures of the Customs of the People's Republic of China for Bonded Groups that Engage in Imported Materials Processing (Order of the General Administration of Customs [1993] No.41) | To be cancelled | Originally subject to examination and approval by the Customs directly under the General Administration of Customs |
| 30 | Record-filing of imported used electromechanical products | General Administration of Quality Supervision, Inspection and Quarantine | Nil | Implementing Regulations of the Law of the People's Republic of China on Imported and Exported Commodities Inspection (Order of the State Council No.447) | To be cancelled | |
| 31 | Examination and approval of lease or acquisition of a foreign television channel or establishment of a foreign television station by a radio and television broadcaster | State Administration of Press, Publication, Radio, Film and Television | Nil | Circular of the General Office of the State Council on Retaining Certain Non-administrative Licensing Examination and Approval Items (Guo Ban Fa [2004] No.62) | To be cancelled | |
| 32 | Examination and approval of production of precursor chemicals within the scope of pharmaceuticals in Category I | China Food and Drug Administration | Nil | Administrative Regulations on Precursor Chemicals (Order of the State Council No. 445) | Delegated to the food and drug administrative departments of the province-level people's governments | |
| 33 | Examination and approval of annual timber production plan of a key state-owned forest zone in Northeast China or Inner Mongolia | State Forestry Administration | Nil | Forestry Law of the People's Republic of China, Implementing Regulations of the Forestry Law of the People's Republic of China (Order of the State Council No.278), and Circular of the State Council on Replying to and Forwarding the Opinions of the State Forestry Administration on the Examination of Annual Forest Felling Quota during the 12th Five-Year Plan Period (Guo Fa [2011] No.3 | To be cancelled | |
| 34 | Issuance of timber transport permit for a key state-owned forest zone | State Forestry Administration | Nil | Forestry Law of the People's Republic of China, and Implementing Regulations of the Forestry Law of the People's Republic of China (Order of the State Council No.278) | Delegated to the forestry administrative departments of the province-level people's governments | |
| 35 | Examination and approval of trading in (including processing of) timber at a key state-owned forest zone | State Forestry Administration | Nil | Implementing Regulations of the Forestry Law of the People's Republic of China (Order of the State Council No.278) | Delegated to the forestry administrative departments of the province-level people's governments | |
| 36 | Record-filing and approval of use of a lightning-proof product | China Meteorological Administration | Nil | Administrative Measures for Protecting against and Mitigating Thunder and Lightning Disasters (Order of the China Meteorological Administration No.24) | To be cancelled | Originally under the charge of province-level meteorological administrative departments |
| 37 | Record-filing and approval of professional qualification for lightning-protection engineering of an enterprise from another region | China Meteorological Administration | Nil | Administrative Measures for Professional Qualification for Lightning-Protection Engineering (Order of the China Meteorological Administration No.25) | To be cancelled | Originally under the charge of province-level meteorological administrative departments |
| 38 | Record-filing and approval of temporary meteorological observation for education, scientific research or other purposes | China Meteorological Administration | Nil | Several Provisions on the Administration of the Meteorological Sector (Order of the China Meteorological Administration No.12) | To be cancelled | Originally under the charge of province-level meteorological administrative departments |
| 39 | Final acceptance of construction of national key hydroelectric power station projects or hydroelectric power station projects approved (examined and approved) by the State | National Energy Administration | Nil | Administrative Regulations on the Safety of Reservoirs and Dams (Order of the State Council No.77), Circular of the General Office of the State Council on Enhancing the Quality Management of Infrastructure Projects (Guo Ban Fa [1999] No.16), and Circular of the General Office of the State Council on Issuing the Provisions of the National Energy Administration on the Internal Organs of Main Responsibilities and Staffing (Guo Ban Fa [2013] No.51) | Delegated to the energy administrative departments of the province-level people's governments | |
| 40 | Examination and approval of price of power transmitted and distributed by an trans-regional power grid | National Energy Administration | National Development and Reform Commission | Circular of the General Office of the State Council on Issuing the Provisions of the National Energy Administration on the Internal Organs of Main Responsibilities and Staffing (Guo Ban Fa [2013] No.51) | To be cancelled | |
| 41 | Examination and approval of use of special funds appropriated by the Central Government – funds for technological research and development in the field of energy and funds for industry planning and industry standards | National Energy Administration | Nil | Standardization Law of the People's Republic of China, Implementing Regulations of the Standardization Law of the People's Republic of China (Order of the State Council No.53), Circular of the General Office of the State Council on Issuing the Provisions of the National Energy Administration on the Internal Organs of Main Responsibilities and Staffing (Guo Ban Fa [2013] No.51) | To be cancelled | |
| 42 | Examination and approval of a generator unit's entry into or exit from commercial operation | National Energy Administration | Nil | Administrative Measures for Generator Units' Entry into and Exit from Commercial Operation (Dian Jian Shi Chang [2011] No.32) | To be cancelled | |
| 43 | Safety evaluation of grid connection of a generator unit | National Energy Administration | Nil | Regulations on Electric Power Supervision (Order of the State Council No.432), Administrative Measures for Generator Units' Entry into and Exit from Commercial Operation (Dian Jian Shi Chang [2011] No.32), and Grid Operation Rules (for Trial Implementation) (Dian Jian Hui Ling [2006] No.22) | To be cancelled | |
| 44 | Examination and approval of annual plan for major commodities –coal bed methane goods distribution plan | National Energy Administration | Nil | Mineral Resources Law of the People's Republic of China, Circular of the National Development and Reform Commission on Removing, Adjusting and Retaining Certain Administrative Examination and Approval Items (Fa Gai Zheng Yan [2004] No.3008), and Circular of the General Office of the State Council on Issuing the Provisions of the National Energy Administration on the Internal Organs of Main Responsibilities and Staffing (Guo Ban Fa [2013] No.51) | To be cancelled | |
| 45 | Examination and approval of qualification of research reactor operators | State Administration of Science, Technology and Industry for National Defence | Nil | Regulations of the People's Republic of China on the Safety Supervision and Administration of Civil Nuclear Facilities (Promulgated by the State Council on October 29, 1986) | To be cancelled | |
| 46 | Examination and approval of establishment of tobacco leaf purchasing stations (spots) | State Tobacco Monopoly Administration | Nil |
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