China Admin License on Quality Supervision, Inspection & Quarantine

[2013-01-09 15:52:23]

Decree No. 149 of the General Administration of Quality Supervision, Inspection & Quarantine (AQSIQ)

The AQSIQ adopted on June 27, 2012 and hereby promulgates China's Implementing Measures on the Administrative Licensing for Quality Supervision, Inspection & Quarantine, which shall come into force on January 1, 2013.

October 26, 2012


Implementing Measures of China on the Administrative Licensing for Quality Supervision, Inspection & Quarantine

Chapter 1. General Rules

Article 1. In accordance with the Law of the P. R. China on Administrative Licensing, these Measures are formulated for the purpose of standardizing and managing the administrative licensing for quality supervision, inspection and quarantine activities.

Article 2. These Measures shall be applied to the implementation and supervision of the administrative licensing by the General Administration of Quality Supervision, Inspection & Quarantine (AQSIQ), local entry-exit inspection and quarantine bureaus, and local quality and technology supervising bureaus (hereinafter referred to as the quality inspection agencies).

Article 3. The quality inspection agencies shall, within their prescribed jurisdiction, conduct their administrative licensing pursuant to legal conditions and procedures;

Normative documents formulated by the AQSIQ may, within their legal coverage, provide specific regulations for the administrative licensing procedures, but shall not contain other conditions in conflict with any higher-rank laws;

The normative documents shall be promulgated in the form of announcements, and otherwise shall not be used as the basis for implementation of the administrative licensing.

Article 4. The quality inspection agencies shall publicize in appropriate forms the titles, bases, implementers, conditions, procedures, durations, charges and required submissions with respect to any administrative licensing projects to conduct.

Article 5. The quality inspection agencies shall uniformly handle applications for the administrative licensing and uniformly deliver their decisions on the licensing.

Article 6. The quality inspection agencies shall clarify the administrative licensing procedures and post responsibilities to strengthen supervision over the licensing by themselves and by their subordinates.

Article 7. The quality inspection agencies shall regularly improve their personnel trainings in terms of laws, regulations and professions.

Chapter 2. Implementing Agencies

Article 8. The quality inspection agencies shall conduct the administrative licensing within their legal jurisdictions respectively.

Article 9. The AQSIQ may assign its administrative licensing projects to lower-rank inspection agencies; the assignment to lower ranks shall be timely publicized in the form of announcement.

Article 10. Higher-rank inspection agencies may, within their jurisdictions, entrust their administrative licensing projects to lower-rank or subordinate inspection agencies;

The entrusters shall assume legal responsibilities for the administrative licensing conducted by the trustees.

The trustees shall, within its jurisdiction entrusted, conduct the administrative licensing in the name of the entrusters, and shall not re-entrust the licensing to any other organizations or individuals.

Article 11. The entrusters may entrust the administrative licensing jurisdiction totally or partially to the trustees;

The entrusters and the trustees shall jointly make and sign their Letter of Entrustment that shall contain the information below:

(1) The entruster name;
(2) The trustee name;
(3) Title of an entrusted administrative licensing project, and the extent of jurisdiction entrusted;
(4) Rights and obligations of the entruster and of the trustee;
(5) Time limit for the entrusted licensing
Source: ETCN
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