Provisional Measures for the Administration of Examination and Approval of Administrative Fee-Charging Items

Notice of the Ministry of Finance and the State Development and Reform Commission on Promulgating the Provisional Measures for the Administration of Examination and Approval of Administrative Fee-Charging Items

Cai Zong [2004] No. 100

December 30, 2004

The finance offices (bureaus), development and reform commissions, and price bureaus of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate State planning, the Finance Bureau of Xinjiang Production and Construction Corps, the Financial Supervision Commissioners' Offices of the Ministry of Finance stationed in each province, autonomous region, municipality directly under the Central Government and city under separate State planning, the relevant departments of the Central Committee of the Communist Party of China, all ministries and commissions of the State Council, the institutions directly under the State Council, the General Office of the Standing Committee of the National People's Congress, the General Office of the Chinese People's Political Consultative Conference, the Supreme People's Procuratorate, the Supreme People's Court and relevant people's organizations:

In order to strengthen the administration of the examination and approval of administrative fee-charging items, protect the legitimate rights and interests of citizens, legal persons and other organizations, regulate the distribution of government revenues and promote the law-based administration, we have formulated the Provisional Measures for the Administration of Examination and Approval of Administrative Fee-Charging Items, which are hereby printed and distributed to you, please comply with and implement them accordingly. If you encounter any problem in the implementation process, please timely report to the Ministry of Finance and the State Development and Reform Commission so as to make timely amendments and improvements.

Attachment: Provisional Measures for the Administration of Examination and Approval of Administrative Fee-Charging Items

Chapter I General Provisions

Article 1 In order to strengthen the administration of examination and approval of administrative fee-charging items, protect the legitimate rights and interests of citizens, legal persons and other organizations, regulate the distribution order of government revenues and promote the law-based administration, these Measures are formulated in accordance with the Decision of the State Council on Strengthening the Administration of Extra Budgetary Funds (No. 29 [1996] of the State Council) and the Decision of the Central Party and the State Council on Solving the Problems of Arbitrary Fee-Charges, Fines and Apportions Imposed on Enterprises (No.14 [1997] of the Central Party).
　
Article 2 These Measures shall be applicable to the establishment application, examination and approval, modification and administration of and supervision over administrative fee-charging items.
　
Article 3 The "administrative fee-charges" (hereinafter referred to as charges) refers to those fees that are, pursuant to the principles of compensation for cost and non-profit, collected by the state organs, public institutions, social organizations on the government's behalf and other organizations from specific service objects in accordance with relevant provisions in the laws, administrative regulations and local regulations and upon the approval of procedures as provided for by the State Council when they are offering specific services to citizens and legal persons.

Article 4 A two-level examination and approval system of the Central and provincial levels shall be implemented for the charging items. The State Council and the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the provincial government) and the finance and price administrative departments shall take charge of the examination and approval and administer the charging items pursuant to the functions as provided for by the State.
No state organ, public institution, social organization or the people's government under the provincial level (including a city under separate State planning and a sub-provincial city) other than the State Council, the provincial government and the finance and price administrative departments may have the authority to examine and approve the charging items.
　
Article 5 The principles of openness, fairness and impartiality shall be followed and the limits of examination and approval powers and the procedures as provided for by the State Council and these Measures shall be strictly observed in the examination and approval of the charging items.
　
Article 6 The State Council and the finance and price administrative departments of the provincial government shall strengthen their supervision and check of the implementation of examination and approval matters of the charging items and ensure that the examination and approval system of the charging items are carried to the effect.

Article 7 A citizen, legal person or any other organization shall be entitled to refuse to pay and report the fee-charges that violate any of the laws, administrative regulations, local regulations or these Measures.

Chapter II Power Limits of Examination and Approval as Well as Administration of the Fee-Charging Items
　
Article 8 Unless it is otherwise prescribed by laws, administrative regulations and the State Council, when a central state organ, public institution, social organization acting on the government's behalf or any other organization (including the central department dispatched to the localities, hereinafter referred to as the central department) applies for setting up a charging item, it shall submit a written application to the Ministry of Finance and the State Development and Reform Commission for examination and approval.
When the central department applies for setting up a fee-charging item as described below and if it is an important charging item, it shall submit a written application to the Ministry of Finance and the State Development and Reform Commission, which shall, upon examination, report it to the State Council for approval:
(1) Resources-related charges which are carried out across the country;
(2) Public utilities charges which are carried out across the country; or
(3) Other charges that will exert great impacts to the national economy and social development.

Article 9 A state organ, public institution, social organization acting on the government's behalf or any other organization at the provincial level (hereinafter referred to as the provincial department), or a state organ, public institution, social organization acting on the government's behalf or any other organization under the provincial level (hereinafter referred to as the department under the provincial level) that applies for an ordinary fee-charging item shall submit a written application to the finance and price administrative departments of the province, autonomous region and municipality directly under the Central Government (hereinafter referred to as the provincial-level finance and price administrative departments) for examination and approval.
A provincial-level department or a department under the provincial level that applies for setting up an important charging item shall submit a written application to the provincial-level finance and price administrative departments, which shall, upon examination, report it to the provincial government for approval.
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