PRC Administrative Approval Law

Issued: August 27 2003
Effective: July 1 2004
Applicability: The Law applies to the imposition and implementation of administrative approval (Article 3).

Main contents: The Law deals with administrative approval with respect to imposition, implementing authorities, implementing procedures, fees, supervision and examination, and relevant penal provisions. Article 5 stipulates that relevant provisions on administrative approvals must be published or otherwise such provisions cannot be used as the basis for the implementation of an administrative approval. Administrative authorities are prohibited from changing an already effective administrative approval without authorization (Article 8). Local laws and regulations as well as rules of people's governments of provinces, autonomous regions and municipalities directly under the central government are prohibited from being imposed on enterprises and other organizations for establishment registration or as a prerequisite for approval. Administrative approvals imposed by local governments cannot restrict individuals or enterprises from another district from engaging in production or providing services in the locality, nor can they restrict commodities from another district from entering the local market (Article 15).