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Decision of the State Council on Cancelling a Batch of Administrative Approval Items

Article From:State Council   Time:2017/11/8 17:43:37 【Size:B M SPrint

         To the people's government of the provinces, autonomous regions and municipalities, the ministries and commissions of the state council and the direct affiliated institutions:

Through the research and demonstration, the state council decides to cancel 40 administrative approval items implemented by the departments under the state council and 12 administrative approval items implemented by the local government under the order of the central government. The other 23 administrative approval items set according to relevant laws will be submitted by the state council to the standing committee of the National People's Congress for revision of the relevant laws and regulations.

For the above administrative approval items released to be cancelled, if the market has self-regulation ability after the reform, the management functions of the relevant departments should be changed to develop the industrial standard, to strengthen the supervision in and after the process, to carry out punishment against the violation behavior and to maintain the market order; After the reform on repeated approval on the same content by the same department, at the same time that the relevant department reduces the repeated approval and combines the procedures, the role of entry of the approval items should be further strengthened and a positive role of the authentication management should be played; the supervision responsibility should be implemented, to prevent regulatory blind area; After the multi-step approval of different departments is reformed to single approval of the main responsible department, the approval department will not be responsible for the development of the relevant industry standards and specifications; the approval department will provide the review and acceptance in accordance with the standards and specifications; the special problems encountered will be solved by internal discussions; the relevant departments should optimize the workflow and should compress the time limit for approval and provide convenience for the enterprises. The departments involved the reform should develop and improve the regulatory rules in and after the process, which should be announced to the public and implemented within 20 working days after the release of this Decision. Each region and the departments should do a good job of cohesion and earnestly implement the regulatory responsibilities in and after the process, and should resolutely safeguard fair market order.

Appendix: 1. The Directory of the Administrative Approval Items of the Departments of the State Council Cancelled by the State Council (40 items)

2. The Directory of the Administrative Approval Items Implemented by Local Government Ordered by the State Council (12 items)

The State Council

22 September, 2017

(Public release)

 

Appendix 1

 

The Directory of the Administrative Approval Items of the Departments of the State Council Cancelled by the State Council (40 items)

No.

Item

Approval department

Setting basis

Regulatory measures in and after the process

1

Qualification approval of the engineering consulting unit

National Development and Reform Commission

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

The Decision of the State Council on the Investment of System Reform (GF [2004] 20)

After canceling the approval process, the National Development and Reform Commission takes the following measures to strengthen the supervision in and after the process: 1. To establish and release the standard & specification for the engineering consulting and to strengthen the policy guidance. 2. To strengthen the supervision and to increase the penalties for illegal behavior. 3. To strengthen the credit constraints through the national enterprise credit information publicity system and the website of "Credit China" and to the social public information such as the administrative punishment. 4. To take the measures of the "Blacklist" and other disciplinary measures. 5. To create conditions to play the role of self-discipline of the industry association.

2

Cross-province electricity generation, power supply plan and provincial power generation and supply plan recording approval

National Development and Reform Commission

The Power Grid Dispatching Management Ordinance

After cancellation of the approval, the National Development and Reform Commission should strengthen the supervision in and after the process through the following measures: 1. The preferential power generation and preferential power purchase plan of the provinces (autonomous regions and municipalities) and the cross-province and inter-district preferential power generation plan should be taken as the binding force and should be included into the "Basic industries, emerging industries and key areas development plan" of the "Annual plan for national economic and social development". 2. The behavior of market as main body should be standardized; the social supervision should be strengthened; the supervision of the credit should be strengthened; the information disclosure should be promoted; the assessment mechanism should be improved.

3

The inbound and outbound approval of the public & private items of resident agencies and non-resident long-term visitors

The General Administration of Customs

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

After the cancellation of approval, the supervision content should be included into the customs clearance link; the relevant items should be inspected in the process of the customs clearance; the prohibited articles should not enter China; the general administration of customs should take the following measures to strengthen the supervision in and after the process: 1. Make public of inbound and outbound goods list. 2. The explanation and consultation service should be provided. 3. The inbound and outbound customs clearance formalities should be processed in accordance with the mode of "Territorial declaration, port clearance". 4. The follow-up tracking management should be strengthened. The mode of fixed phone or on-site inspection may be applied for sampling inspection. 5. The violation behavior punishment should be intensified.

4

Approval on the settlement items of the granted entry visitors

The General Administration of Customs

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

After the cancellation of approval, the supervision content should be included into the customs clearance link; the relevant items should be inspected in the process of the customs clearance; the prohibited articles should not enter China; the general administration of customs should take the following measures to strengthen the supervision in and after the process: 1. Make public of inbound and outbound settlement items list. 2. The explanation and consultation service should be provided. 3. The inbound and outbound customs clearance formalities should be processed in accordance with the mode of "Territorial declaration, port clearance". 4. The relevant formalities should be carried out for the motor vehicles of the settled visitors in accordance with the relevant provisions. 5. The follow-up tracking management should be strengthened. The fixed phone or on-site inspections should be applied to check if the settled visitors stays less than two years and settles abroad again. 6. The violation behavior punishment should be intensified.

5

Issue of electrical network operation license

The National Energy Administration

Regulations on Power Supply and Use

The Decision of State Council on Cancellation and Adjustment of the Third Batch of Administrative Approval Items (GF (2004) No. 16)

The Measures for the Management of Electrical Network Operation License (DJH Order No. 15)

After the cancellation of the approval, the following measures should be taken to strengthen the supervision in and after the process: 1. The safety regulation department should issue the "Special operation certificate (electrical)" after the examination, to include the related management requirements of the energy sector and to clearly specify the measures of examination, certification, fee standards and regulations, and should make announcement. 2. The safety regulatory department should undertake the oversight responsibility and provide training assessment, supervision and management for the certified personnel. The safety regulatory departments at all levels should improve the system of sampling, responsibility tracing, violations investigation and license revoking of "Random sampling and random inspection by any inspector, and disclosure making".

6

The first-grade qualification of realty service enterprise for approval

Ministry of Housing and Urban-Rural Development

Property Management Regulations

The Decision of The Ministry of Construction on Modifying the Qualification Management of the Property Management Enterprise (JSB Order No. 164)

After the cancellation of the approval, Ministry of Housing and Urban-Rural Development should take the following measures to strengthen the supervision in and after the process: 1. The property service standards and specifications should be improved. 2. The self-discipline role of the property services industry should be given full play. 3. The local government should be guided to strengthen the supervision on the property service enterprise and should open channels for complaint reporting, to implement the "Random sampling and random inspection by any inspector, and disclosure making" and to investigate the violation behavior in a timely manner. 4. The system of property service enterprise "Blacklist" should be established to promote the implementation of joint punishment against the units without good faith. 5. The information sharing with relevant government departments should be promoted, and the management of enterprise information recording should be strengthened.

7

Approval of the application for listing in the national land survey units list

The Ministry of Land and Resources

The Land Survey Ordinance

The Measures for the Implementation of the Land Survey Ordinance (Ministry of Land and Resources Order No. 45)

After the cancellation of the approval, the Ministry of Land and Resources should take the following measures to strengthen the supervision in and after the process: 1. The standards and specifications about the land survey should be developed and issued. 2. The self-discipline role of the land survey industry should be given full play. 3. For the land survey tasks entrusted by the government, the supervision on land survey units' performance should be strengthened, and the corresponding administrative responsibility on the entrusting task should be undertaken. 4. The supervision in and after the process should be strengthened, to implement "Random sampling and random inspection by any inspector, and disclosure making" and to investigate violation behavior in a timely manner. 5. "Blacklist" system of the land survey unit should be established to promote the implementation of joint punishment against the units without good faith.

8

Geological prospecting qualification approval

The Ministry of Land and Resources

Geological Survey Qualification Management Regulations

After the cancellation of the approval, the Ministry of Land and Resources should take the following measures to strengthen the supervision in and after the process: 1. The standards and specifications about the geological survey should be developed and issued. 2. The self-discipline role of the geological survey industry should be given full play. 3. For the geological survey tasks entrusted by the government, the supervision on geological survey units' performance should be strengthened, and the corresponding administrative responsibility on the entrusting task should be undertaken. 4. The supervision in and after the process should be strengthened, to implement "Random sampling and random inspection by any inspector, and disclosure making" and to investigate violation behavior in a timely manner. 5. "Blacklist" system of the geological survey unit should be established to promote the implementation of joint punishment against the units without good faith.

9

Approval of transfer, exchange and donation of its collected ancient fossils between the collection units

The Ministry of Land and Resources

The Fossils Protection Ordinance

After the cancellation of the approval, the Ministry of Land and Resources should take the following measures to strengthen the regulation in and after the process: 1. The standards and specifications about the transfer, exchange and donation of its collected ancient fossils between the collection units should be clarified. 2.  The filing management measures should be developed, to know the flow of the key fossils through the record and to update the files and databases of key fossils. 3. The supervision in and after the process should be strengthened; the sampling inspection of "Random sampling and random inspection by any inspector, and disclosure making" should be carried out to supervise and inspect the collection units, ensuring that the ancient fossils are fully protected.

10

Approval of professional qualification of technical personnel listed into the scope of government management

Ministry of Human Resources and Social Security

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

Notice of the State Council General Office on Clearing and Normalizing the Related Activities of Various Kinds of Professional Qualifications

After cancellation of the approval, the Ministry of Human Resources and Social Security should strengthen the supervision in and after the process: 1. The professional qualification of the technical personnel under the regulation of the government shall be provided with the directory listing management, which should be announced to the public; the normalized cleaning mechanism should be established. 2. Any qualification beyond the national vocational qualifications directory shall not be granted and accepted; except the entry professional qualification, other items in the directory should not be linked to the employment entrepreneurship. 3. The complaint reporting channels should be open, in order to accept social supervision. 4. The setting of new professional qualification beyond the directory without authorization or the illegal behavior of "License provision" will be investigated.

11

Approval of the review right of the professors of higher education institutions

The Ministry of Education

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

The Decision of State Council on Cancellation of the Third Batch of the Administrative License Items implemented by Local Government under the Central Government's Order

After the cancellation of approval, the Ministry of Education should take the following measures to strengthen the supervision in and after the process: 1. The relevant measures should be developed and improved; the penalties should be clarified; the review behavior should be normalized. 2. The education administrative department should carry out random sampling inspection, and the complaint reporting channels should be open; the violation behavior should be timely corrected and punished and should be made known to the public.

12

Approval of water resource demonstration report of the construction project

The Ministry of Water Resources

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

After the cancellation of the approval, the Ministry of Water Resources should take the following measures to strengthen the supervision in and after the process: 1. The relevant requirements of the water resource demonstration of the construction project should be included into the "Water licensing". 2. In water licensing section, the water resources demonstration should be inspected strictly and the management of water licensing should be strengthened. 3. The supervision and inspection of the water for the construction project should be strengthened, and the utilization of water resource in violation of regulations should be investigated; the penalty should be included into the national credit platform, and the joint punishment should be implemented.

13

Approval of top of dam as road

The Ministry of Water Resources

Safety Management Regulations of Reservoir Dam

After the cancellation of approval, the ministry of water resources should take the following measures to strengthen the supervision in and after the process: 1. The relevant requirements of the dam as road should be developed and improved, including the follow-up recording review, strengthening the daily supervision, etc. 2. For the new dam as road, the design should be in strict accordance with the related technical standard. 3. For the existing dam, if the dam top has been used as the road, the ministry of water resources shall require the dam management unit to carry out self-inspection in accordance with the requirements of the standard, and the self-inspection results should be reported to the ministry of water resources; if the dam top is to be used as road, the dam management unit should make safety demonstration and should take relevant safety measures, and should submit the record to the competent department. 4. The dam management unit should be urged to strengthen routine inspections and should regularly make safety appraisal of dam and strictly control the access of out-of-limits and overweight vehicles. 5. The supervision should be intensified; the on-site inspection, regular or irregular sampling methods may be applied to strengthen the supervision. The severe punishment should be made against the violation behavior.

14

Registration (registration of auxiliary materials for new drugs and imported drugs) and approval

China Food and Drug Administration

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

After the cancellation of the approval, China Food and Drug Administration should take the following measures to strengthen the supervision in and after the process: 1. The relevant requirements of registration of the drug auxiliary materials should be included in the drug registration, which will be processed together with the drug approval. 2. The food and drug administration where the drug registration applicant is located should strengthen the supervision; the drug auxiliary materials production enterprises should be under the daily regulation. 3. The supervision in and after the process should be strengthened; the penalties for violation behavior should be increased; the risk should be strictly controlled, to ensure the safety and efficacy of the drug.

15

Approval of the packing materials and containers for the drugs

China Food and Drug Administration

Drug Administration Law of the People's Republic of China

After the cancellation of the approval, China Food and Drug Administration should take the following measures to strengthen the supervision in and after the process: 1. The relevant requirements of approval of the drug packing materials and containers should be included in the drug registration, which will be processed together with the drug approval. 2. The food and drug administration where the drug registration applicant is located should strengthen the supervision; the drug packing materials and containers production enterprises should be under the daily regulation. 3. The supervision in and after the process should be strengthened; the penalties for violation behavior should be increased; the risk should be strictly controlled, to ensure the safety and efficacy of the drug.

16

(I) Accreditation of the qualification of the medical devices clinical trial institutions

China Food and Drug Administration

Regulations on the Supervision and Administration of Medical Devices

After the cancellation of the approval, the Food and Drug Administration, the National Health and Family Planning Commission should take the following measures to strengthen the supervision in and after the process: 1. The standards and specifications about the clinical trials should be developed and published; the responsibility of the applicant as the main body should be implemented. 2. The clinical trial institution recording management information platform should be established, the record information made public, for the public and the sponsor queries, accept social supervision. 3. Strengthen risk control and process regulation, to risk level for the record of the clinical test units, the specific clinical trial project implementation to carry out the "double random, a public" spot check and daily supervision and inspection, increase penalties for violation behavior, risk control, ensuring the safety of clinical trials.

17

Approval of Internet drug trading services business (third party)

China Food and Drug Administration

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

After the cancellation of the approval, the Food and Drug Administration should take the following measures to strengthen the supervision in and after the process: 1. The relevant regulations should be developed to require that the local food and drug administration includes the platform website into the scope of supervision and inspection and to clarify that the enterprises and medical organizations engaging in activities through the platform must obtain the drug production license and business license; the responsibility of the platform as main body should be implemented. 2. The online drug sales monitoring mechanism should be established; the complaint reporting channels should be open; the "Blacklist" system should be established. 3. The supervision and inspection should be strengthened; the Internet drug sales supervision should be strengthened; the online illegal drug sales behavior should be investigated.

18

Approval of qualification of highly pathogenic pathogenic microorganism laboratory experimental activities

National Health and Family Planning Commission

The Biological Safety Management Ordinance of Pathogenic Micro-organism Laboratory

After the cancellation of the approval, the National Health and Family Planning Commission takes the following measures to strengthen the supervision in and after the process: 1. The approval on highly pathogenic or suspected highly pathogenic pathogenic microorganism laboratory activities should be strengthened; the relevant requirements of the approval on the laboratory experiment activities qualification should be include; the acceptance should be taken through the approval on the laboratory experiment activities. 2. The laboratory biosafety management should be strengthened; the experimental activities should be monitored comprehensively; the risk should be controlled strictly, to ensure no disclosure of the pathogenic microorganisms and to ensure the safety of laboratory activity.

19

Approval of the human blood, tissues and organs import and export

National Health and Family Planning Commission

Regulations on AIDS Prevention

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

After the cancellation of the approval, the following measures should be taken to strengthen the supervision in and after the process: 1. The import and export of human body blood, tissues and organs for clinical medical use should be banned. 2. For scientific research and other purposes, the "Human genetic resources collection, sale, export, exit approval" by the Ministry of Science and Technology  and "Approval of entry and exit health quarantine on special goods" by the General Administration of Quality Supervision, Inspection and Quarantine should be applied to strengthen the management and control the risk.

20

Review and evaluation of the results of the tertiary hospital

National Health and Family Planning Commission

Administrative Regulations on Medical Institutions

Notice of the General Office of the Ministry of Health about Normalizing the Hospital Accreditation Work (WBYGH (2012) No. 574)

After the cancellation of the approval, the National Health and Family Planning Commission should take the following measures to strengthen the supervision in and after the process: 1. The evaluation method and evaluation standard on medical institutions should be developed.2. The evaluation committee should be gradually separated from the administration; the government officials may not be have a part-time job in the evaluation committee; the government department shall not interfere in the work of the evaluation committee. 3. The review of the evaluation committee should be supervised; the violation behavior should be investigated.

21

Seismic safety evaluation institution qualification authentication

China Earthquake Administration

Seismic Safety Evaluation Management Ordinance

The Measures for the Administration of the Seismic Safety Evaluation Qualification (CEA Order No. 8)

After the cancellation of the approval, the China Earthquake Administration takes the following measures to strengthen the supervision in and after the process: 1. The relevant standards and norms should be developed and published, to clarify the conditions and requirements of the institutions carrying out seismic safety evaluation. 2. The credit files should be established and the enterprises without good faith will be listed in the "Blacklist". 3. The law enforcement inspection should be strengthened, and the reporting platform should be established; the severe punishment should be made on illegal enterprises; the penalty results should be listed into the national credit platform, and joint punishment should be implemented.

22

The approval on the construction of railway and highway should be carried out within the desertified land reserve range

State Forestry Administration

The Law of the People's Republic of China on Sand Prevention

After the cancellation of the approval, the State Forestry Administration should take the following measures to strengthen the supervision in and after the process: 1. The relevant standards and conditions should be developed; the railway and highway and other construction projects should be reviewed by the approval department, and the opinions of the State Forestry Administration should be obtained. 2. The daily patrol inspection should be strengthened, and the reporting platform should be set up; the social supervision should be strengthened. 3. Severe punishment will be made against the illegal construction in desertification land banned reserve area, and the penalty record will be included into the national credit platform; the joint punishment will be implemented.

23

Approval of chemical de-oiling agent used for offshore oil exploration and development

State Oceanic Administration

The Environmental Protection Management Regulations of the People's Republic of China on Offshore Oil Exploration and Development

After the cancellation of the approval, the State Oceanic Administration should take the following measures to strengthen the supervision in and after the process: 1. The standard on use of the chemical de-oiling agent should be developed. 2. The supervision on the use of chemical de-oiling agent should be strengthened; the enterprise should make the record of purchase, use and scrap; the use of chemical de-oiling agent in breach of the provisions will be investigated in accordance with the law. 3. The quality supervision of chemical de-oiling agent should be strengthened; the quality inspection should be made on the chemical de-oiling agent, and the testing results should be announced timely, including the unqualified products.

24

Approval of the ocean engineering removal or used for other purposes

State Oceanic Administration

The Management Ordinance of Prevention and Control of Marine Engineering Construction Project's Pollution Damage to the Marine Environment

After the cancellation of the approval, the State Oceanic Administration should take the following measures to strengthen the supervision in and after the process: 1. "The approval for ocean engineering construction project environmental impact report" should be strengthened; the relevant requirements of the ocean engineering removed or used for other purposes should be included; the EIA report will be examined before acceptance. 2. The standards or norms for the ocean engineering removed or used for other purposes should be developed. 3. The behavior in breach of the standards and norms will be investigated in accordance with the law.

25

Approval of the vessel crew services

The Ministry of Transport

The Crew Ordinance of the People's Republic of China

After the cancellation of the approval, the following measures should be taken to strengthen the supervision in and after the process: 1. This approval is included into the "Labor dispatching permit" implemented by the department of human resources and social security. 2. If the transport department finds that there is problem of the crew labor dispatching in daily supervision, the transport department should give timely feedback to the department of human resources and social security.

26

Approval of emergency plans for the ship owners, operators or managers preventing the related activities’ pollution to the marine environment

The Ministry of Transport

Regulations on the administration of the prevention and control of Marine pollution to the Marine environment

The Decision of the State Council on Canceling and Decentralizing a batch of Administrative Approval Items (GF [2014] No.5)

After cancellation of the approval, the Ministry of Transport should take the following measures to strengthen the supervision in and after the process: 1. The plan standard and the sample should be developed and can be referred by the operation department. 2. The approval should be changed to recording, and all relevant work units should be asked to formulate contingency plans. 3. If the problem is found of the emergency plan formulation and execution in the daily regulation, the transport department should punish and correct it in accordance with the law.

27

Approval of the acceptance operation of the ship pollutant receiving unit engaged in ship garbage, oil residue, oily water and wastewater containing the poisonous and harmful substance

The Ministry of Transport

Regulations on the administration of the prevention and control of Marine pollution to the Marine environment

After cancellation of the approval, the Ministry of Transport should take the following measures to strengthen the supervision in and after the process: 1. After cancellation of the approval, it should be changed to the prior reporting system before each operating activity. 2. In the operating activities of each time, on-site supervision can more directly and effectively ensure the relevant work meeting the requirements. 3. The relevant work standards should be further improved; the regulation and supervision must be carried out in strict accordance with the standard; the enterprises not according to the standard should be punished severely. 4. The maritime sector should timely find and dispose the violation operation without reporting through boarding, patrol, aircraft and satellite remote sensing.

28

Approval on the production units of the commercial cipher products

China Cryptography Administration

Regulation on the Administration of Commercial Cipher Codes

After the cancellation of this approval, the State Cryptography Administration should take the following measures to strengthen the supervision in and after the process: 1. The administration on the enterprises is changed to the administration on the products; the cipher products standards and the certification system construction should be strengthened; the commercial cipher products licensing approval should be strengthen; they are not allowed to enter the market sales without permission; the cipher products market access threshold should be controlled strictly. 2. The market regulation measures should be strengthened; the spot check of the commercial cipher products of "Random sampling and random inspection by any inspector, and disclosure making" should be strengthened.3. The credit system should be established, which adopts a "Blacklist" system and strengthens the social supervision; the penalties for illegal behavior should be increased; the role of the industry group should be given full play.

29

Approval on the commercial cipher products license sales units

China Cryptography Administration

Regulation on the Administration of Commercial Cipher Codes

After the cancellation of this approval, the State Cryptography Administration should take the following measures to strengthen the supervision in and after the process: 1. The administration on the enterprises is changed to the administration on the products; the cipher products standards and the certification system construction should be strengthened; the commercial cipher products licensing approval should be strengthen; they are not allowed to enter the market sales without permission; the cipher products market access threshold should be controlled strictly. 2. The market regulation measures should be strengthened; the spot check of the commercial cipher products of "Random sampling and random inspection by any inspector, and disclosure making" should be strengthened.3. The credit system should be established, which adopts a "Blacklist" system and strengthens the social supervision; the penalties for illegal behavior should be increased; the role of the industry group should be given full play.

30

Approval on the foreign-investment enterprises using the overseas cipher code products

China Cryptography Administration

Regulation on the Administration of Commercial Cipher Codes

Regulations on the Use of the Cipher Code Products (SCA Announcement No. 8)

After the cancellation of the approval, the State Cryptography Administration should take the following measure to strengthen the supervision in and after the process: 1. The approval on the imported cipher code products should be strengthened; the relevant system should be improved; the import is not allowed without permission. 2. The market regulation measures should be taken, to intensify spot check of "Random sampling and random inspection by any inspector, and disclosure making"; the end user and end use of the imported cipher products should be accurately controlled. 3. The credit system should be established, which adopts a "Blacklist" system and strengthens the social supervision; the penalties for illegal behavior should be increased; the role of the industry group should be given full play.

31

Approval of the use of the cipher products or the equipment with the cipher technology in China by the foreign organizations and individuals

China Cryptography Administration

Regulation on the Administration of Commercial Cipher Codes

After the cancellation of the approval, the State Cryptography Administration should take the following measures to strengthen the supervision in and after the process: 1. The foreign organizations and individuals should strictly comply with the Regulations on the Administration of Commercial Cipher Codes; the overseas cipher products or the equipment with cipher technology to be used must obtain the import license of the State Cryptography Administration. 2. The approval on the imported cipher products and the equipment with the cipher technology should be strengthened; the relevant system should be improved; the products without permission should not be imported. 3. The market regulation measures should be taken, to intensify spot check of "Random sampling and random inspection by any inspector, and disclosure making"; the end user and end use of the imported cipher products or the equipment with the cipher technology should be accurately controlled. 4. The credit system should be established, which adopts a "Blacklist" system and strengthens the social supervision; the penalties for illegal behavior should be increased; the role of the industry group should be given full play.

32

Approval on the circulating Renminbi binding

The People's Bank of China

Regulations of the People's Republic of China on Administration of Renminbi

After the cancellation of the approval, The People's Bank of China should take the following measures to strengthen the supervision in and after the process: 1. The relevant regulations on the circulating Renminbi binding should be developed; the relevant provisions on the words and patterns on the inner and outer package of the circulating Renminbi products binding; the propaganda guidance should be intensified; the popularity of the relevant specification on the circulating Renminbi binding should be promoted. 2. In accordance with the administrative rules on the use of Renminbi designs, the behavior of illegally use of the patterns of Renminbi in product packaging should be investigated accordingly. The branches should be organized to strengthen the monitoring of the relevant information of Renminbi; the false illegal propaganda of the circulating Renminbi binding found should be timely notified to the administration for industry and commerce and public security and other relevant departments for the timely investigation in accordance with the law.

33

Approval on the establishment of the insurance assessment institution

China Insurance Regulatory Commission (CIRC)

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

Regulations on the Insurance Assessment Institution (CIRC Order 2009 No. 7)

After the cancellation of the approval, CIRC should take the following measures to strengthen the supervision in and after the process: 1. The filing system should be implemented; the insurance assessment institution shall put on file with the CIRC within 30 days from the date of obtaining the business license. 2. The regulations on the insurance assessor should be developed; the principle requirements of the insurance law and the assets evaluation law should be implemented; the business activities of the insurance assessment institutions and insurance assessment practitioners should be supervised; the supervision in and after the process should be strengthened. 3. The basic principles of the insurance assessment should be developed, and the binding guidance should be provided for the assessment business procedures, quality standards and service requirements. 4. The self-discipline organization of the insurance intermediary industry should be established; the self-discipline management should be carried out for insurance assessment institutions and insurance assessment practitioners; the administrative penalties and credit records should be disclosed.

34

Approval of the fishing vessel type radio license

The Ministry of Agriculture

The Regulations on the Radio Administration of the People's Republic of China

After the cancellation of the approval, the Ministry of Agriculture should take the following measures to strengthen the supervision in and after the process: 1. In the recognition of the fishing vessel radio communication equipment (standard radio), the review on the product frequency range should be strengthened; check if the frequency range of the equipment is in line with the provisions of the country. 2. In the fishing vessel inspection link, the fishing vessel inspection institution should check all the environment and conditions of fishery radio station used by the fishing vessel setting; the frequency band and call letter and other information used by the radio should be indicated in the fishing vessel inspection certificate. 3. In fishing vessel operating link, the inspection on the usage of fishery radio should be strengthened; the illegal behavior should be investigated severely.

35

Recognition of qualification of highly pathogenic pathogenic microorganism laboratory activities

The Ministry of Agriculture

The Biological Safety Management Ordinance of Pathogenic Micro-organism Laboratory

After the cancellation of the approval, the Ministry of Agriculture should take the following measures to strengthen the supervision in and after the process: 1. The requirements of "Approval on the highly pathogenic or suspected highly pathogenic pathogenic microorganism laboratory activities" should be revised and improved; the animal pathogenic microorganism laboratory standards and conditions should be strict; the institution to carry out the experimental activities should formulate the relevant emergency response plans and should put on file. 2. The risk prevention and control of "Approval on the highly pathogenic or suspected highly pathogenic pathogenic microorganism laboratory activities" should be strengthened; the safety must be ensured. 3. The management on the storage, preservation unit or laboratory of the highly pathogenic or suspected highly pathogenic pathogenic microorganisms should be strengthened; the storage requirements should be clarified to ensure no disclosure of the pathogenic microorganisms. 4. The supervision on the experimental activities in the whole process should be strengthened.

36

Approval of the foreign contracted projects bidding (negotiation)

The Ministry of Commerce

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

The Measures for the Management of Foreign Contracted Projects Bidding (negotiation) (the Ministry of Commerce, China Banking Regulatory Commission (CBRC), CIRC Order 2011 No. 3)

After the cancellation of the approval, the Ministry of Commerce should take the following measures to strengthen the supervision in and after the process: 1. The management system of foreign contracted projects "Filing + negative list" should be developed; the regulatory responsibility of the authority in charge of the enterprise and the local people's government should be clarified; the record reporting and monitoring mechanism should be strengthened. 2. The sampling inspection of key inspection and "Random sampling and random inspection by any inspector, and disclosure making" should be well applied to guide the industry organization strengthening the coordination and self-discipline. 3. The interdepartmental credit platform and joint punishment mechanism should be established; the violation behavior should be strictly punished in accordance with the law.

37

Approval of issue of the use license of the hoist for water conservancy projects

The Ministry of Water Resources

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

The Measures of Management for the Use License of the Hoist for Water Conservancy Projects (MWR Order No. 41)

After the cancellation of the approval, the Ministry of Water Resources should take the following measures to strengthen the supervision in and after the process: 1. The technical standard of the hoist for water conservancy projects should be improved; the quality standards and quality requirements should be clarified. 2. The sampling system of "Random sampling and random inspection by any inspector, and disclosure making" for the hoist of the water conservancy projects should be established and improved; the penalties against the violation behavior of the production enterprises of the water conservancy hoist should be strengthened; the building of credit system should be accelerated; the hoist hydraulic engineering management information database should be established; the information linkage and joint punishment mechanism should be established. 3. The measures for the installation and use of the hoist and ensuring the safe operation of the water conservancy project should be developed; the responsibility of the client should be clarified, including the quality inspection before the installation of the hoist; the commissioning acceptance procedures after installation of the hoist should be improved. 4. The acceptance of water conservancy project should be strengthened; the hoist operation and the water conservancy project should be inspected as a whole, to ensure the quality safety of water conservancy projects.

38

Approval of the acceptance of the soil and water conservation facilities for the production and construction projects

The Ministry of Water Resources

Rules for the Implementation of the Law of the People's Republic of China on the Soil and Water Conservation

The Measures of the Management of the Acceptance of the Soil and Water Conservation Facilities for the Production and Construction Projects (MWR Order No. 16)

After the cancellation of the approval, the Ministry of Water Resources should take the following measures to strengthen the supervision in and after the process: 1. The relevant standards and requirements of soil and water conservation should be developed and improved; the production and construction unit should implement the business in accordance with such standards and requirements. 2. The production and construction units should strengthen the soil and water loss monitoring. Before the operation of the production and construction project, on the basis of the soil and water conservation plan and reply approved, the third party institution should be organized to develop the acceptance report of the soil and water conservation facilities, which should be made known to the public and should be submitted to the approval organ for recording. 3. The Ministry of Water Resources should strengthen the "Approval of soil and water conservation plan for production and construction projects"; the track inspection on the implementation of the plan of soil and water conservation should be strengthened; the violation behavior of the soil and water conservation should be investigated; the punishment results should be included into the national credit platform, and joint punishment should be implemented.

39

Approval of the dam top and hip platform used as road

The Ministry of Water Resources

Regulations of the People's Republic of China on Administration of River Course

After the cancellation of the approval, the Ministry of Water Resources should take the following measures to strengthen the supervision in and after the process: 1. The relevant requirements of the embankment used as road should be developed, including the follow-up record review, strengthening the daily supervision. 2. For the new embankment used as road, the design should be in strict accordance with the related technical standard. 3. For the existing embankment, if it has been used as the road, the ministry of water resources shall require the embankment management unit to carry out self-inspection in accordance with the requirements of the standard, and the self-inspection results should be reported to the ministry of water resources; if the  top is to be used as road, the embankment management unit should make safety demonstration and should take relevant safety measures, and should submit the record to the competent department. 4. The embankment management unit should be urged to strengthen routine inspections and should regularly make safety appraisal of embankment and strictly control the access of out-of-limits and overweight vehicles. 5. The on-site inspection regular or irregular sampling methods may be applied to strengthen the supervision. The severe punishment should be made against the violation behavior.

40

Registration of the rights of a civil aircraft

Civil Aviation Administration of China

Civil Aviation Law of the People's Republic of China

The Civil Aviation Administration of China will change the way of management, like the public services to be approved by the government. Main measures are as follows: 1. The civil rights registration should be applied, with no barriers to entry. Only the existing transactions are needed registered. 2. The procedures of registration should be optimized; the previous procedures of on-site review, approval and decision making are changed to the registration service available after the obligee submits the complete and legal materials. 3. The registration fees should be cancelled; 700 Yuan charged for every approval is changed to the registration service for free. 4. The query and public announcement service should be provided; every business deal of the aircraft should be announced; the previous latest registration query is changed to the whole process of query of all transactions.

 

Appendix 2

 

The Directory of the Administrative Approval Items Implemented by Local Government Ordered by the State Council (12 items)

 

 

No.

Item

Approval department

Setting basis

Regulatory measures in and after the process

1

Geological prospecting qualification approval

Provincial department of land and resources

Geological Survey Qualification Management Regulations

After the cancellation of the approval, the Ministry of Land and Resources should develop the standards and codes for the geological exploration, and should urge local department of land and resources to take the following measures to strengthen the supervision in and after the process: 1. The information of the geological exploration unit should be grasped, and their work should be carried out in accordance with the standard. 2. For the geological survey tasks entrusted by the government, the supervision on geological survey units' performance should be strengthened, and the corresponding administrative responsibility on the entrusting task should be undertaken. 3. The geological prospecting units providing service for the market should be provided with the sampling inspection of "Random sampling and random inspection by any inspector, and disclosure making"; the violation behavior should be investigated in a timely manner. 4. "Blacklist" system of the geological survey unit should be established to promote the implementation of joint punishment against the units without good faith.

2

License for operating the international ship management business (Chinese-funded)

The provincial department of transport

Regulations of the People's Republic of China on International Maritime Transportation

After the cancellation of the approval, the department of transport should take the following measures to strengthen the supervision in and after the process: 1. the international ship management company should be urged to do business in accordance with the relevant standards and safety management norms. 2. The prize reporting and public opinion monitoring system should be established; the report incentive mechanism should be improved, to arouse the enthusiasm of public scrutiny; the maritime authorities should verify and handle the reported violations in accordance with the law.

3

Approval of water resource demonstration report of the construction project

The water resources department of the provinces, cities and counties

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

After the cancellation of the approval, the Ministry of Water Resources should urge the local department of the water resources to take the following measures to strengthen the supervision in and after the process: 1. The relevant requirements of the water resource demonstration of the construction project should be included into the "Water licensing". 2. In water licensing section, the water resources demonstration should be inspected strictly and the management of water licensing should be strengthened. 3. The supervision and inspection of the water for the construction project should be strengthened, and the utilization of water resource in violation of regulations should be investigated; the penalty should be included into the national credit platform, and the joint punishment should be implemented.

4

Approval of the acceptance of the soil and water conservation facilities for the production and construction projects

The water resources department of the provinces, cities and counties

Rules for the Implementation of the Law of the People's Republic of China on the Soil and Water Conservation

After the cancellation of the approval, the Ministry of Water Resources should develop the standards and codes for the soil and water conservation, and should urge local department of water resources to take the following measures to strengthen the supervision in and after the process: 1. The production unit should conduct business according to the standard. 2. The production and construction units should strengthen the soil and water loss monitoring. Before the operation of the production and construction project, on the basis of the soil and water conservation plan and reply approved, the third party institution should be organized to develop the acceptance report of the soil and water conservation facilities, which should be made known to the public and should be submitted to the approval organ for recording. 3. The track inspection on the implementation of the plan of soil and water conservation should be strengthened; the violation behavior of the soil and water conservation should be investigated; the punishment results should be included into the national credit platform and joint punishment should be implemented.

5

Approval of domestic marine fishing vessel type radio license

The fishery department of the provinces, cities and counties

The Regulations on the Radio Administration of the People's Republic of China

Fishery Radio Management Regulations (GWG [1996] No. 13)

After the cancellation of the approval, the Ministry of Agriculture should urge the local fishery department to take the following measures to strengthen the supervision in and after the process: 1. In the fishing vessel inspection link, the fishing vessel inspection institution should check all the environment and conditions of fishery radio station used by the fishing vessel setting; the frequency band and call letter and other information used by the radio should be indicated in the fishing vessel inspection certificate. 2. In fishing vessel operating link, the inspection on the usage of fishery radio should be strengthened; the illegal behavior should be investigated severely.

6

Approval on the establishment, change or termination of the film production unit

The provincial administration of press, publication, radio, film and television

Film Management Regulations

The Decision of the State Council on Canceling and Adjusting a batch of Administrative Approval Items  (GF [2014] No. 27)

After the cancellation of the approval, State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) should urge the local department to take the following measures to strengthen the supervision in and after the process: 1. The administration on the enterprises should be changed to the administration on the film content; the film content censorship should be improved. The films without the review or not accepted shall not be distributed and screened; the review on film content should be implemented strictly. 2. The market regulation measures should be strengthened; the sampling inspection of the films should be strengthened. 3. The credit system should be established, which adopts a "Blacklist" system and strengthens the social supervision; the penalties for illegal behavior should be increased.

7

Approval of the establishment of the urban community cable television system

The administration of press, publication, radio, film and television of the counties

The Decision of State Council on the Setting of Administrative Approval for the Necessary Administrative Approval Items

The Decision of State Council on Cancellation and Adjustment of the Sixth Batch of Administrative Approval Items (GF (2012) No. 52)

After the cancellation of the approval, the SAPPRFT should urge the local administration of the press, publication, radio, film and television to take the following measures to strengthen the supervision in and after the process: 1. Strengthen the new cable television systems engineering, the transformation and so on construction management work, to ensure that the cable television network covers urban communities. 2. The operation business service and security of the cable operators should be normalized; the management of content should be strengthened and the quality of service should be improved; the security, maintenance and emergency management should be strengthened.

8

Approval of the wood operation in the forest region (including processing)

The forestry department of the provinces, cities and counties

Rules for the Implementation of the Forestry Law of the People's Republic of China

After the cancellation of the approval, the State Forestry Administration should urge the local department to take the following measures to strengthen the supervision in and after the process: 1. The "Issue of the forest tree cutting license" and "Issue of the wood transport license" should be review strictly, so as to strengthen management from the source. 2. The information communication and exchange with the administration for commerce and industry; the business registration information about the enterprises engaged in wood processing should be mastered, and the corresponding on the spot inspection and random sampling inspection should be strengthened; the annual sampling proportion should be not less than 20% of the total number of the region's timber processing enterprises. The operation (processing) facility should be verified if it is in accordance with the relevant provisions; the raw material and product warehouse outbound parameter should be reviewed; the wood source should be checked if it is legal. 3. The processing result of the violation behavior should be timely submitted to the administration for commerce and industry and should be included into the national enterprise credit information publicity system.

9

Approval of the establishment of the fixed hunting facility

The provincial forestry department

Implementing Rules for the Terrestrial Wildlife Conservation of the People's Republic of China

After the cancellation of the approval, the State Forestry Administration should urge the local forestry department to take the following measures to strengthen the supervision in and after the process: 1. The "Issue of special hunting and catching license for Terrestrial Wild Animals Level 1", "Issue of special hunting and catching license for Terrestrial Wild Animals Level 2" and "Issue of hunting and catching license for Non-protection Terrestrial Wild Animals" should be inspected strictly; the special hunting and catching license should be issued according to the resources status and the law, to clarify the hunting area, time and the species, quantity and hunting way of the animals. 2. The wildlife resources monitoring should be strengthened; the regulatory system should be developed and improved; the penalties for violations of the law should be intensified; the punishment results should be included into the national credit platform; the joint punishment should be implemented. 3. The publicity and education should be strengthened; the reporting channels should be open, to give full play to the role of social supervision.

10

The initial review of exporting state protected terrestrial wildlife or the products or importing and exporting the terrestrial wildlife or the products restricted by the international convention

The provincial forestry department

Implementing Rules for the Terrestrial Wildlife Conservation of the People's Republic of China

The Regulation of the People's Republic of China on the Import and Export of the Endangered Species

After the cancellation of initial review by local department, the State Forestry Administration should accept the review directly and should take the following measures to strengthen the supervision in and after the process: 1. The "Initial review of exporting state protected terrestrial wildlife or the products or importing and exporting the terrestrial wildlife or the products restricted by the international convention" should be strengthened strictly. 2. The effective reporting platform or channel should be established and improved, to give full play to the social supervision. 3. The law enforcement inspection should be strengthened, and the reporting  should be made; the severe punishment should be made on illegal behavior; the penalty results should be listed into the national credit platform and joint punishment should be implemented.

11

The initial review of the foreign terrestrial wildlife species reintroduction efforts

The provincial forestry department

Implementing Rules for the Terrestrial Wildlife Conservation of the People's Republic of China

After the cancellation of initial review by local department, the State Forestry Administration should accept the review directly and should take the following measures to strengthen the supervision in and after the process: 1. The State Forestry Administration should develop the relevant regulations on the foreign terrestrial wildlife species reintroduction efforts to clarify the scope of free activities, and should state that except the return to the nature to protect and save wildlife, the other free activities shall be carried out within the scope. The initial review of the foreign terrestrial wildlife species reintroduction efforts should be strengthened strictly. 3. The law enforcement inspection should be strengthened, and the reporting should be; the strict punishment should be made on illegal free captive animals’ behavior; the penalty results should be listed into the national credit platform and punishment should be implemented. 4. The publicity and education should be strengthened; the reporting platform should be established, to give full play to the role of social supervision.

12

Approval of the ocean engineering removal or used for other purposes

The oceanic administration of the provinces, cities and counties

The Management Ordinance of Prevention and Control of Marine Engineering Construction Project's Pollution Damage to the Marine Environment

After the cancellation of the approval, the State Oceanic Administration should develop the operation specification for the ocean engineering removal or used for other purposes and should urge the local department to take the following measures to strengthen the supervision in and after the process: 1. Where the ocean engineering removal or used for other purposes may have a significant environmental impact, the "Approval of EIA report of the marine engineering construction projects" should be implemented strictly. 2. The construction unit should conduct operation in strict accordance with the specifications required. 3. The supervision and inspection should be strengthened; the behavior in violation of the specification should be investigated severely.

 

Original link of GF (2017) No. 46 Decision of the State Council on Cancelling a Batch of Administrative Approval Items