China Admin License on Quality Supervision, Inspection & Quarantine

Article 31. With respect to direct or entrusted delivery, the date of delivery shall be the date of receipt signed by the applicants or their agents;

With respect to delivery by post, the date of delivery shall be the date of receipt indicated on the post return receipt;

With respect to delivery by announcement, the delivery shall be deemed as complete sixty days from the announcement issue date.

Article 32. Where failure in the delivery is attributed to the applicants, the applicants shall assume corresponding legal consequence.

Section 4. Alteration and Extension

Article 33. Where the administrative licensing shall be altered by law, the licensees shall apply for the alteration by law.

Article 24. Where the licensees apply for extension of the administrative licensing validity, they shall make the extension application to governing inspection agencies thirty days before the expiring date of the administrative licensing, unless otherwise regulated by relevant laws.

Article 25. Where the licensees fail to apply for the extension within the prescribed time limit, the quality inspection agencies may reject the applications.

Article 36. The quality inspection agencies shall publicize in appropriate ways the alteration or extension application deadlines, procedures, legal liabilities, and so on.

Article 37. The licensing trustees shall conduct the alteration and extension pursuant to their jurisdiction entrusted by the entrusters.

Article 38. Where the licensees apply for reissuance for their licensing certificates lost or damaged, they shall make statements for the reissuance on publications;

The quality inspection agencies shall reissue the certificates with the same contents (including issue dates) as the lost or damaged ones without any alteration or extension.

Section 5. Termination and Elimination

Article 39. Under the following circumstances, the quality inspection agencies shall terminate their administrative licensing:

(1) The applications do not need the administrative licensing by law;
(2) The applications do not fall into the administrative jurisdiction by law;
(3) The applicants fail to supplement or correct their application materials within a prescribed time limit;
(4) The applicants withdraw their applications;
(5) The applicants are dead or deprived of disposing capacity, or legal persons or organizations are terminated by law;
(6) The applicants fail to pay relevant fees within a prescribed time limit;
(7) Other circumstances applicable to the termination.

Where the applicants withdraw their applications, they shall not reapply for the licensing within six months from the date of their receipt of written termination confirmation by the quality inspection agencies.

Article 40. Upon the termination of the administrative licensing, the quality inspection agencies shall return any unused fees to the applicants.

Article 41. The quality inspection agencies may by law revoke the administrative licensing certificates issued to the licensees as an administrative penalty.

Article 42. The quality inspection agencies may by law revoke the administrative licensing for incompliant licensees.

Article 43. Where alteration or revocation of the administrative licensing is required on the account of changes in relevant laws, regulations or situations, the quality inspection agencies shall alter or revoke the administrative licensing involved and shall compensate for any loss caused to the licensees therefrom.

Article 44. Under the following circumstances, the quality inspection agencies shall eliminate the administrative licensing and publicize the elimination:

(1) The administrative licensing or its certificates are revoked by law;
(2) The administrative licensing validity is not extended after expiring;
(3) The licensed citizen is dead or deprived of disposing capacity;
(4) The licensed legal persons or organizations are terminated by law;
(5) The licensee applies for elimination of its licensing;
(6) Force Majeure arises;
(7) Other circumstances applicable to the elimination.


Section 1. Assessment of Administrative Licensing

Article 45. Higher-rank inspection agencies shall assess the implementation and necessity of the administrative licensing made by themselves or by their lower-rank subordinates.

Article 46. The quality inspection agencies may self-assess their administrative licensing or entrust relevant assessor organizations with the assessment.

Article 47. The assessment of the administrative licensing shall include:

(1) The overall implementation effects;
(2) The social benefits and costs arising from the administrative licensing;
(3) Whether the administrative expectations are achieved or not;
(4) Implementation problems and their causes;
(5) Necessity and rationality in continuation of the implementation;
(6) Other issues to be assessed.

Article 48. The AQSIQ shall provide its comments and suggestions on the administrative licensing after assessment to the designated licensing organs.

Provincial-level inspection agencies shall summit their assessment reports to the AQSIQ; with respect to locally ruled licensing projects, their assessment reports shall be provided to designated licensing organs and copied to the AQSIQ.

Section 2. Internal Supervision

Article 49. The higher-rank inspection agencies shall supervise the administrative licensing implementation by their lower subordinates to timely stop any illegal or improper acts thereof.

Article 50. The licensing entrusters shall supervise the administrative licensing implementation by their trustees to timely stop any illegal or improper acts thereof.

Article 51. The quality inspection agencies shall supervise the professional technology organizations and their personnel to timely stop any illegal or improper acts thereof.