China Admin License on Quality Supervision, Inspection & Quarantine

Article 12. The entruster shall publicize its trustee, the entrusted administrative licensing projects, the extent of jurisdiction entrusted, the time limit for the entrusted licensing, and so on; the trustee shall publicize its assignments as prescribed by Article 4 herein.

Article 13. The quality inspection agencies may entrust legally qualified professional technology organizations with test, inspection, quarantine or appraisal of equipment and products involved in the administrative licensing.


Section 1. Application and Acceptance

Article 14. The quality inspection agencies shall provide the form of application for administrative licensing to any applicants for the licensing; and the form of application shall not contain any contents unrelated to the licensing matters.

Article 15. Unless otherwise regulated by China law, the applicants may entrust agents with the application for administrative licensing by submitting their engagement letters and identity certificates.

Article 16. Upon being requested by the applicants, the quality inspection agencies shall render interpretation of their announcements so as to provide accurate and reliable information.

Article 17. Where making the application at the offices of the quality inspection agencies, the applicants shall submit their written application forms and all other documents announced by the agencies;

Where making the application by means of letter, telegram, telex, fax, email or electronic data interchange, the applicants shall submit their documents in the legal formats announced by the agencies.

Article 18. Where the applicants make the application at the offices of the quality inspection agencies, the time of their submission shall be the time of their application;

Where the applicants make the application by letter, telegram, telex, fax, email or electronic data interchange, the time of receipt by the inspection agencies shall be the time of the application;

Where the application originals need to be verified, the time of application shall be the time when the inspection agencies receive the originals.

Article 19. Under the following circumstances, the quality inspection agencies shall deal differently with the applications:

(1) Where the administrative licensing is not required by law, they shall immediately inform the applicants of their nonacceptance of the applications;

(2) Where the administrative licensing is not within their authority, they shall immediately instruct the applicants to apply to governing agencies;

(3) Where the applications contain any error correctible on the spot, they shall allow the applicants to correct the error on the spot;

(4) Where the applications are not complete or not legally formatted, they shall inform the applicants of all corrections and supplements to make immediately or within five days upon their receipt of the applications; where they fail to inform within the time limit, they shall be regarded as accepting the applications upon their receipt.

(5) Where the applications under their authority are complete and legally formatted or fully corrected and supplemented as required, they shall accept the applications.

Article 20. The quality inspection agencies shall issue written confirmations dated and stamped with their special licensing seals to the applicants for their acceptance or nonacceptance or notice on correction and supplement; the inspection trustee shall use the seals of the inspection entruster.

Article 21. The quality inspection agencies shall build and improve electronic management system for the applications in electronic ways.

Section 2. Examination and Decision

Article 22. Where the applications need to be examined, the quality inspection agencies shall assign not less than two examiners to conduct onsite examination.

The examiners shall verify the application originals; where the originals are not available or not consistent with other submissions, the quality inspection agencies shall deny the administrative licensing.

Article 23. Technical test, inspection, quarantine or appraisal shall be finished within statutory time limit, if any, or within a reasonable time limit.

Article 24. Where public hearings are required, the quality inspection agencies shall hold relevant public hearings involving the applicants and other interested parties;

The hearing procedures and durations shall be subject to the Articles 47 and 48 of China Law on Administrative Licensing.

Article 25. Where the quality inspection agencies deny the administrative licensing in writing, they shall offer relevant reasons and inform the applicants of administrative reviews or lawsuits to choose;

Article 26. Unless relating to state secret, business secret or individual privacy, the decision for administrative licensing shall be publicized.

Section 3. Time Limit and Delivery

Article 27. With the exception of their decisions to make on the spot, the quality inspection agencies shall make the administrative licensing decisions within a time limit as prescribed by the Articles 42 and 43 of China Law on Administrative Licensing.

Article 28. The time limit herein shall not contain the time required to conduct hearing, test, inspection, quarantine or appraisal; the quality inspection agencies shall inform in writing the applicants of the time limit required.

Article 29. Where the administrative licensing certificates or labels and seals are required to issue or stamp, the quality inspection agencies shall, within ten days from their decision dates, issue the administrative licensing certificates to the applicants or stamp relevant labels and seals on these certificates.

Article 30. The administrative licensing documents made on the spot shall be delivered immediately to the applicants by post, electronic or other means.