Circular of the State Council on Strictly Controlling the Establishment of New Administrative Licensing
Circular of the State Council on Strictly Controlling the Establishment of New Administrative Licensing
Circular of the State Council on Strictly Controlling the Establishment of New Administrative Licensing
Guo Fa [2013] No.39
September 19, 2013
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,
Strict establishment of administrative licensing is a necessary requirement for deepening the reform of administrative examination and approval system and promoting the transformation of government functions. In order to carry out the spirit of the 18th Conference of the Communist Party of China in respect of deepening the reform of administrative examination and approval system and the Proposals of the State Council for Institutional Reforms and Functional Transformation deliberated and approved on the First Session of the 12th National People's Congress, strictly control the establishment of new administrative licensing, and practicably prevent the simultaneous increase and decrease, or the apparent decrease but secret increase of administrative licensing matters, the related issues are hereby notified as follows:
Article 1 Strictly Control the Standards for Establishment of Administrative Licensing
Administrative licensing refers to the act of administrative organs to permit, upon examination in accordance with the law, the citizens, legal persons or other organizations to engage in special activities according to their applications, and a means adopted by administrative organs at all level to exercise prior control over the activities conducted by citizens, legal persons or other organizations in the process of administrating economic and social affairs in accordance with the law. Establishment of administrative licensing, having great influence on the production and lives of the masses, has to be under the strict control. Future drafts of laws and administrative regulations generally do not establish new administrative licensing. When indeed necessary, the establishment shall be strictly subject to the Administrative Licensing Law of the People's Republic of China (hereinafter referred to as the "Administrative Licensing Law"), and the standards for the establishment shall be strictly set.
1. No administrative licensing shall be established for the investment activities of enterprises without use of government funds, except for the major and restricted fixed assets investment projects.
2. No administrative licensing shall be established for matters in respect of evaluation of personnel capability, except for the occupation providing public services, directly relating to public interest, and requiring special credit, conditions or skills, where the administrative licensing is indeed required to be established.
3. Only basic qualification shall, in principle, be established for matters involving the necessary establishment of enterprise or individual qualification.
4. Where matters handled by an intermediary service agency acting as an agent shall be subject to approval of administrative organs or organizations authorized by the laws and regulations, no administrative licensing shall be established for the intermediary service agency.
5.
......
Guo Fa [2013] No.39
September 19, 2013
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,
Strict establishment of administrative licensing is a necessary requirement for deepening the reform of administrative examination and approval system and promoting the transformation of government functions. In order to carry out the spirit of the 18th Conference of the Communist Party of China in respect of deepening the reform of administrative examination and approval system and the Proposals of the State Council for Institutional Reforms and Functional Transformation deliberated and approved on the First Session of the 12th National People's Congress, strictly control the establishment of new administrative licensing, and practicably prevent the simultaneous increase and decrease, or the apparent decrease but secret increase of administrative licensing matters, the related issues are hereby notified as follows:
Article 1 Strictly Control the Standards for Establishment of Administrative Licensing
Administrative licensing refers to the act of administrative organs to permit, upon examination in accordance with the law, the citizens, legal persons or other organizations to engage in special activities according to their applications, and a means adopted by administrative organs at all level to exercise prior control over the activities conducted by citizens, legal persons or other organizations in the process of administrating economic and social affairs in accordance with the law. Establishment of administrative licensing, having great influence on the production and lives of the masses, has to be under the strict control. Future drafts of laws and administrative regulations generally do not establish new administrative licensing. When indeed necessary, the establishment shall be strictly subject to the Administrative Licensing Law of the People's Republic of China (hereinafter referred to as the "Administrative Licensing Law"), and the standards for the establishment shall be strictly set.
1. No administrative licensing shall be established for the investment activities of enterprises without use of government funds, except for the major and restricted fixed assets investment projects.
2. No administrative licensing shall be established for matters in respect of evaluation of personnel capability, except for the occupation providing public services, directly relating to public interest, and requiring special credit, conditions or skills, where the administrative licensing is indeed required to be established.
3. Only basic qualification shall, in principle, be established for matters involving the necessary establishment of enterprise or individual qualification.
4. Where matters handled by an intermediary service agency acting as an agent shall be subject to approval of administrative organs or organizations authorized by the laws and regulations, no administrative licensing shall be established for the intermediary service agency.
5.
......