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Circular of the National Development and Reform Commission, the Ministry of Fina

[2008-12-23 17:03:19]

    Development and reform commissions, price bureaus and financial offices (bureaus) in all provinces, autonomous regions, municipalities and cities specifically designated in the state plan, related departments of the Party Central Government, ministries and commissions and departments directly under the State Council, General Office of the Standing Committee of the National People??s Congress, General Office of CPPCC, Higher People??s Procuratorate, Higher People??s Court and related people??s organizations:



For purposes of strengthening charges administration on state organs and institutional units, regulating administration of criterion on charges and promoting development of scientific and transparent decision-making, Provisional Measures for Administration of the Criterion on Administrative Charges is stipulated and now printed and issued to you all. Please follow to implement.



Appendix: Provisional Measures for Administration of the Criterion on Administrative Charges



National Development and Reform Commission

Ministry of Finance

Mar 27, 2006



The Provisional Measures for Administration of the Criterion on Administrative Charges

Chapter I General Principles

Article 1 These measures are formulated in accordance with relative regulations of the state for the purposes of enhancing the administration of the criterion on administrative charges, safeguarding the legitimate rights and interests of the citizens, legal persons and other organizations, regulating the administration of the criterion on administrative charges, improving the scientificity and transparency of the policy on charges.

Article 2 These measures apply to the application, acceptance, investigation, demonstration, verification, policy-making, promulgation, publication, supervision, examination and etc. for criterion on administrative charges in the territory of the People??s Republic of China. It shall be amenable to the provisions stipulated in law and regulations.

Article 3 Administrative charges (charges in short below) in terms of these measures means the charges collected from the specific target by the state organs, institutions, social groups and other organizations that act for government function, in accordance with relative provisions of law and regulations, approved according to the procedures stipulated by the State Council, during the execution of social public administration, and the period of providing specific public service for the citizens and legal persons.

Article 4 the criterion on charges exercises two-level approval system of the Central government and province. The criterion on the charges of the price of the State Council and the People??s Government of the provinces, autonomous regions and municipalities directly under the Central government (provincial government in short below) shall be examined and approved by the financial authority according to its jurisdictions.

The criterion on charges of relative Central authorities and units (including Central units in the local area, the same below), and the criterion on charges within the range of the state or region (trans-province, autonomous region or municipality directly under the Central government) shall be examined and approved by the departments for price and finance of the State Council. Among them, the criterion on the charges for important items shall be submitted to the State Council for approval by the departments for price and finance of the State Council after verification.

Except for the criterion on charges stipulated in above section, the criterion on charges for other items shall be approved by provincial departments for price and finance and submitted to the department for price and finance of the State Council for record within 30 days as of the approval day. Among them, the criterion on the charges for important items shall be submitted to the provincial government for approval by the financial department for price and finance after verification.

Article 5 Following principles shall be followed for approval of criterion on charges:

1. The principles of fairness, justness, openness and productiveness;

2. The principle of satisfying the needs of public administration, properly compensating the administration and service costs, and corresponding with the social capability;

3. The principle of promoting environmental protection, resource-saving and effective utilization, and sustained development of economy and social undertakings;

4. The principle of according with international practice and international reciprocity.

Article 6 The departments for price and finance at all levels shall improve the supervision and administration of the criterion on charges in order to assure the implementation of these measures.

Article 7 Citizens, legal persons or other organizations have the rights to refuse to pay the charges contrary to the provisions stipulated in law and regulations and these measures and report it.

Chapter II The application and acceptance of the Criterion on Charges

Article 8 Except for the rules separately stipulated by law and regulations and the people??s government at the level higher than province, to draw up or adjust the criterion on charges, the units collecting fees shall, according to the stipulated administration jurisdictions, submit written application to the departments for price and finance of the State Council or the departments for price and finance of the provincial government (the departments for price and finance in short below).

For the criterion on charges to be approved by the departments for price and finance of the State Council, a written application shall be submitted uniformly by relative Central authority, provincial government or its departments for price and finance, and reported in the form of official document to the departments for price and finance of the State Council.

For the criterion on charges to be approved by the departments for price and finance of the provincial government, a written application shall be submitted to the departments for price and finance of the provincial government by relative provincial department, or people??s government of a region or city, or their departments for price and finance.

Article 9 following materials shall be provided for applying and adjusting the criterion on charges:

1. The criterion on charges applied for being drawn up and adjusted and the reasons, annual sum of collecting fees or the increase-decrease sum after adjustment;

2. The cost calculation materials for applying for drawing up or adjusting the criterion on charges, for the materials of high level technique and professional skill, the cost-examining and verifying materials given by corresponding intermediary organ or professional organ shall be provided;

3. Corresponding provisions of law, regulations, rules and policies;

4. Information about the unit collecting fees, including the character, function-setting, personnel assignment, fund resource and etc. of the unit;

5. The influence on the persons from whom fees are collected and corresponding trade;

6. Other materials that the departments for price and finance think to be provided.

The materials provided by the applicant shall be true and effective.

Article 10 The departments for price or finance shall make preliminary examination on the style and content of the application materials after accepting them. The application according with these measures shall be accepted and handled, and to the application that do not accord with the provisions of these measures, the applicant shall be informed in time to revise or supplement the application materials.

Article 11 The application shall not be accepted in one of following circumstances:

1. The basis of the application contravenes the current law, regulations, rules and policies;

2. The reason for drawing up or adjusting the criterion on charges does not nave well-grounded reasons or is obviously unreasonable;

3. Provide false materials;

4. Exceed the approval jurisdiction of the departments for price and finance.

To the application not to be accepted, the applicant shall be informed formally and the reasons shall be given within 15 working days from the day of receiving the application.

Chapter III The procedures and principles for approving the criterion on charges

Article 12 The departments for price and finance shall, after receiving the application, conduct following work in light of concrete circumstances:

1. Examine whether it accords with relative provisions of national law and regulation, rules and policies;

2. Examine whether the application materials are true and effective;

3. Examine whether the criterion on charges of the unit collecting fees corresponds with the needs of performing its functions;

4. Investigate on and study the operativity of collecting fees, social capacity and corresponding issues.

Article 13 The departments for price and finance may solicit comments from relative parties in the society by holding discussions, appraising meeting and hearing or seeking for written critics, and etc.

Article 14 To the criterion on charges for high level technique and professional skill, expert meeting shall be held for appraisal.

Article 15 To the criterion on charges applied for according with the rules, it shall be examined and approved classificatorily according to different characters of the charges.

Article 16 Administrative charges means the charges collected from the persons under administration while the administrative functions of the state are exercised in accordance with the provisions of law and regulations. The criterion on charges shall be examined and approved strictly according to the needs of the administration functions. Among them, the criterion on charges for all kinds of certificates, licenses, books and cards shall be examined and approved according to the direct cost for license printing and distributing, that is printing costs, transportation costs, storage costs and verification of reasonable wastage.

The costs for license printing shall be determined according to the price of tender in principle. To the license printed uniformly and distributed individually nationwide, the criterion on charges shall be set separately for the departments of license printing and license distributing.

Article 17 As for the charges for resource compensation, that means the charges collected in accordance with the provisions of law and regulations from the persons who mine and make use of natural and social public resources, the criterion on charges shall be examined and approved in light of the value or shortage of corresponding resources and considering the sustained development and other factors. To the circumstance that the environment was polluted or caused other damages due to mining and utilization of the natural resources, when the criterion on charges is examined and approved, the costs for corresponding environmental control and recovering shall be fully considered.

Article 18 The charges for appraisal, that is the costs collected according to the provisions of law and regulations for exercising or act for governmental function in the form of mandatory inspection, testing, appraisal, attestation, quarantine and etc. The criterion on charges shall be examined and approved in accordance with the needs of exercising administrative functions according to the actual appraised costs.

Article 19 The charges for examination, that is the charges collected for the examination organized according to the documents of the State Council or provincial government, and the costs collected for organizing the examination for professional skill qualifications or professional qualification approved by Ministry of Personnel or the authorities of labor and social security. The criterion on charges shall be strictly examined and approved according to the costs for organizing the examination.

For the examination organized uniformly nationwide, the criterion on charges for the examination collected by relative Central departments from local organs responsible for the examination and the criterion on charges for the examination collected from the examinees by local organs responsible for the examination shall be drawn up separately.

Article 20 The charges for training, that is the charges collected according to law and regulations or the rules of the State Council for mandatory training. The criterion on charges shall be examined and approved according to average social costs of the training. First of all, the criterion on classificatory charges for class hour shall be verified according to the category, subject and grade. Secondly, the concrete criterion on charges shall be examined and approved separately according to the class hour set for the training.

Article 21 The criterion on charges for other categories shall, according to the needs of administration or service, be examined and approved in light of the principle of cost compensation and non profit.

Article 22 For any charges relating to the relationship with other countries or regions, the criterion on charges shall be examined and approved according to international practice and reciprocal principle.

Article 23 If there is other fund resource for the charges for exercising corresponding administration or service, the corresponding deduction shall be considered while the criterion on charges is under examination and approving. Other fund resource means financial allocation, support and etc.

Article 24 The departments for price and finance shall, after accepting and handling the application for the criterion on charges, make the decision within the time limit in light of different circumstances.

1. To the criterion on charges to which a discussion, appraisal meeting or hearing needs to be held, the decision on approval shall be made within 60 working days;

2. To the criterion on charges to which a discussion needs to be held, the decision on approval shall be made within 90 working days;

3. To the criterion on charges to which a hearing needs to be held, the decision on approval shall be made according to the procedures and time limit of the hearing;

Above time limit does not include the time for submitting to the State Council or provincial government for approval.

Article 25 The written decision for approving the criterion on charges shall be announced in the form of official document of the financial authority. The content shall include: main body of charges, target of charges, range of charges, costing and measuring unit and the criterion, frequency of charges, time limit for execution and etc.

Article 26 Trial period shall be set for newly made criterion on charges. After the trial period, the unit responsible for charges shall make the application again according to the appointed jurisdictions and procedures. The departments for price and finance shall draw up again the criterion on charges according to the trial and the provisions of these measures.

Chapter IV The announcement and administration of the criterion on charges

Article 27 Except for the circumstances relating to national secret, the department for price and finance shall inform in time the approved criterion on charges to the applicant and relative unit, and publish it to the society.

Article 28 The unit responsible for charges shall, in the marked place of the site for charges, publish the item, criterion, main body, basis for the document of charges, range, target of the charges, accepting the supervision of the society.

Article 29 The unit responsible for charges shall, while collecting fees, go through the formalities for obtaining or changing the license for charges in the appointed competent department for price, and use separately the financial bills printed uniformly by Ministry of Finance or provincial financial authority.

Article 30 The unit responsible for charges shall take part in annual examination for charges according to rules.

Article 31 The department for price and finance shall supervise or examine regularly the exercising of criterion on charges. The criterion on charges shall be adjusted in time for any changes.

Article 32 The contend need to be examined regularly include:

1. The information that the unit responsible for charges exercises the criterion;

2. The revenue and expenditure of the unit responsible for charges, the reflection of the citizens, legal persons and other organizations paying the charges;

3. Whether the criterion, style and way for drawing up the charges accords with the actual changed circumstances;

4. Other contents the departments for price and finance think necessary to be verified regularly.

Article V Legal liability

Article 33 Any unit responsible for charges violating the provisions of these measures in one of following circumstances shall be ordered to make correction by the departments for price and finance at all levels according to division of responsibilities and punished according to relative regulations.

1. Increase the criterion on charges without permission, extend time limit for charges, add frequency of charges and collect fees violating the rules;

2. Collect continuously the charges that has been cancelled or the exercising of it has been stopped by explicit order;

3. Do not publish items for charges to the society, nor collect the charges according to the rules;

4. Do not collect charges by applying for the license for charges or going through change formalities according to rules;

5. Other activities that violate the provisions of administration of charges.

Article 34 Any government and its departments at all levels violating the provisions of these measures by approving criterion on charges without permission shall be ordered to make correction. If the case is serious, circular for criticism shall be given, and the competent person directly in charge of it and other direct responsible persons shall be punished according to law.

Article 35 Any staffs of the departments for price and finance at all levels who commit a crime by abusing their power, practicing favouritism and engaging in irregularities, ignoring their duties, soliciting or accepting bribes shall be ascertained criminal responsibilities. Whoever has not committed a crime yet shall be punished according to law.

Chapter VI Supplementary articles

Article 36 The charges for business service obtained by enterprises, institutions, social groups and other organizations according to the voluntary and compensational principles do not apply to these measures.

Article 37 The interpretation of these measures shall be vested in the National Development and Reform Commission and the Ministry of Finance.

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