Decision of the State Council on Cancellation and Delegation of a Batch of Administrative Examination and Approval Items
Decision of the State Council on Cancellation and Delegation of a Batch of Administrative Examination and Approval Items
Decision of the State Council on Cancellation and Delegation of a Batch of Administrative Examination and Approval Items
Guo Fa [2013] No.44
November 8, 2013
The people's governments at 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,
Upon research and argumentation, the State Council decides to cancel and delegate 68 administrative examination and approval items (including two confidential items that shall be otherwise notified in accordance with provisions). Another seven administrative examination and approval items established pursuant to relevant laws are suggested to be cancelled or delegated, and the State Council will, in accordance with legal procedures, submit a proposal to amend the provisions of relevant laws and regulations to the Standing Committee of the National People's Congress. For the 16 items of administrative examination and approval involving the law that are mentioned in Decision of the State Council on Matters such as Cancellation and Delegation of a Batch of Administrative Examination and Approval Items and More (Guo Fa [2013] No.19), the State Council has, in accordance with legal procedures, submitted a proposal to amend relevant laws to the Standing Committee of the National People's Congress, which are all hereby promulgated.
All regions and departments shall earnestly complete the implementation and take-over job of the cancellation and delegation of items of administrative examination and approval of management level, advance the construction of supporting reform and relevant systems, strengthen the follow-up monitoring while orderly promote the delegation, and firmly realize the combination of delegation and administration. According to the requirements of deepening reform of administrative systems and accelerating the transformation of government functions, all regions and departments shall continue to firmly promote the reform of administrative examination and approval system, clean up administrative examination and approval items and increase the delegation efforts. Meanwhile, the supervision and restriction mechanisms shall be improved and completed; the oversight of administrative examination and approval authority shall be strengthened; the information about the administrative examination and approval items shall be timely released to the public in accordance with the law; efforts shall be made to create a market environment in fair competition, with no division and complying the natural law of survival of the fittest; and the level of scientific and standardized government management shall be constantly raised.
Appendix: Catalogue of Management Level Administrative Examination and Approval Items to Be Cancelled or Delegated as Decided by the State Council (82 items in total)
| No. | Item name | Examined and approved by | Jointly examined and approved by | Basis | Decision | Remark |
| 1 | Examination and approval of transferring local grain depot to grain depot directly subordinate to the Central Government (pool) | The National Development and Reform Commission | The State Administration of Grain | Circular of the General Office of the State Council on Retaining Some Non-administrative Licensing Examination and Approval Items (Guo Ban Fa [2004] No.62) Decision of the State Council on the Sixth Batch of Cancelled and Adjusted Administrative Examination and Approval Items (Guo Fa [2012] No.52) | To be cancelled | |
| 2 | Approval and issue of coal production licenses | The National Development and Reform Commission or coal administrative departments of local people's governments | None | Law of the People's Republic of China on the Coal Industry | To be cancelled | |
| 3 | Examination and approval of establishing coal trading enterprises | The National Development and Reform Commission or departments designated by provincial people's governments | None | Law of the People's Republic of China on the Coal Industry | To be cancelled | |
| 4 | Examination of exemption of duties on imported parts of mechanical and electrical equipment of a domestic enterprise winning a bid in international bidding projects by utilizing loans of international financial organizations and foreign governments | The National Development and Reform Commission | The Ministry of Finance | Circular of the General Office of the State Council on Retaining Some Non-administrative Licensing Examination and Approval Items (Guo Ban Fa [2004] No.62) | To be cancelled | |
| 5 | Examination and approval of advanced vocational schools approved and adjusted by provincial people's governments to use school names that beyond the provided naming range | The Ministry of Education | None | Circular of the General Office of the State Council on Issues Concerning Authorizing People's Governments at All Provinces, Autonomous Regions and Municipalities Directly under the Central Government to Examine and Approve the Establishment of Advanced Vocational Schools (Guo Ban Fa [2000] No.3) Decision of the State Council on Applying Administrative Licensing to the Administrative Examination and Approval Item Necessary to be Retained (Order of the State Council No.412) | To be cancelled | |
| 6 | Examination and approval of presidents employed by private schools | The Ministry of Education | None | Non-state Education Promotion Law of the People's Republic of China | To be cancelled | |
| 7 | Examination and approval of salt manufacturing projects | The Ministry of Industry and Information Technology | None | Decision of the State Council on Reforming the Investment System (Guo Fa [2004] No.20) | To be cancelled | |
| 8 | Examination and approval of designated salt manufacturing enterprises | The Ministry of Industry and Information Technology | None | Measures for Monopoly of Table Salt (Order of the State Council No.197) | To be delegated to competent administrative departments of salt industry of provincial people's governments | |
| 9 | Examination and approval of qualifications for production of wireless radio and television transmission equipment | The Ministry of Industry and Information Technology | None | Circular on Further Strengthening the Administration of Wireless Radio and Television Transmission Equipment (Guang Fa Ji Zi [2002] No.585) | To be cancelled | |
| 10 | Accreditation of qualifications for bidding agencies of communication construction projects | The Ministry of Industry and Information Technology | None | Tendering and Bidding Law of the People's Republic of China Circular of the General Office of the State Council on Printing and Issuing Opinions on Assignment of Responsibility of Administrative Supervision over Bid or Tender Activities Implemented by Relevant Department of the State Council (Guo Ban Fa [2000] No.34) | To be cancelled | |
| 11 | Archival filing of social organizations and their established branches or representative offices qualified as legal persons by law as of the date of approval for establishment | The Ministry of Civil Affairs | None | Administrative Regulations on Registration of Social Organizations (Order of the State Council No.250) | To be cancelled | |
| 12 | Examination and approval of energy conservation and emissions reduction funds under central state-owned capital management budget | The Ministry of Finance | None | Interim Measures for the Administration of Energy Conservation and Emissions Reduction Funds under Central State-owned Capital Management Budget (Cai Qi [2008] No.438) | To be cancelled | |
| 13 | Examination and approval of setup of accounting firms | The Ministry of Finance | None | Law of the People's Republic of China on Certified Public Accountants | To be delegated to financial departments of provincial people's governments | |
| 14 | Examination and approval of intermediaries to act as an accounting agent in bookkeeping business | The Ministry of Finance | None |
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