(September 13, 2004 2004 3rd release of the PBC as of November 1, 2004) Chapter I General provisions article in order to regulate the behavior of the people's Bank of China and its branches to implement the administrative licensing, and protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative licensing and the People's Republic of China people's Bank of China law, these measures are formulated.
    Administrative licensing in these measures in article, refers to the people's Bank of China and its branches according to citizens, legal persons or other organizations to apply for, reviewed by the law, allowed to engage in specific activities.
    Third branch of people's Bank of China and its institutions the implementation of administrative licensing procedures apply.
    People's Bank of China on the direct management of the institution's personnel, finance, Foreign Affairs and other matters approval of these measures shall not apply.
    The fourth people's Bank of China and its branches to implement the administrative licensing shall follow the principle of openness, fairness, justice, convenience, efficiency.
    Fifth Branch of people's Bank of China and its institutions the implementation of administrative licensing shall be in accordance with legal authority, scope, conditions and procedures.
    Basis of the people's Bank of China and its branches to implement the administrative licensing law, administrative regulations and decisions of the State Council. People's Bank of China law, administrative regulations and decisions of the State Council of the administrative license within the scope of the matters, you can establish regulations specifically provide for implementation of the administrative license.
    But no additional administrative licensing in the regulations, no new violation of laws, administrative regulations and decisions of the State Council, the administrative licensing conditions.
    Sixth regulation of implementation of administrative license established by the people's Bank of China shall be published not been made public, and shall not be used as the basis for the implementation of administrative licensing.
    People's Bank of China and its branches to implement the administrative licensing terms, procedures, deadlines and results in addition to involve State secrets, business secrets or personal privacy, and shall be made public.
    Meet the legal conditions and standards, applicants have equal rights to an administrative license according to law, people's Bank of China and its branches shall not be discriminated against.
    Article citizens, legal persons or other organizations to the people's Bank of China and its branches to implement the administrative licensing, presentation and defence of rights shall have the right to apply for administrative reconsideration or bring an administrative suit.
    The legitimate rights and interests of citizens, legal persons or other organizations for people's Bank of China or its branch is illegal and the implementation of administrative licensing damages, shall have the right to claim compensation.
    The eighth people's Bank of China and its branches shall grant the citizens, legal persons or other organizations of the administrative licensing law, people's Bank of China and its branches without changing the entry into force of the administrative license. Approving an administrative license is based on the laws, administrative regulations and rules amended or annulled, or approving an administrative license is based on the significant changes in the objective circumstances, required in the public interest, people's Bank of China and its branches may change or withdraw the entry into force of the administrative license according to law.
    Thus causing property damage to citizens, legal persons or other organizations, people's Bank of China and its branches shall be given compensation.
    Nineth functional departments of the people's Bank of China and its branches is responsible for the conduct of its business within the competence of the administrative license.
    Legal Affairs Department of the people's Bank of China and its branches for administrative license hearings, supervision.
    Tenth branch of people's Bank of China and its institutions shall set up and perfect the supervision and inspection of the implementation of administrative licensing system.
    People's Bank of China and its branches to the licensee is engaged in the activities of administrative licensing items shall effectively supervise.
    11th people's Bank of China and its branches the implementation of administrative licensing shall not be purchased from the applicants designated commodities and to accept paid services or other improper requests.
    Staff of the people's Bank of China and its branches handling of administrative licensing shall not solicit or accept applicant's property, shall not seek other interests.
    Chapter II implementation of the administrative licensing organ 12th people's Bank of China shall, within the statutory terms of reference in accordance with the implementation of administrative licensing.
    Branches of the PBC should be within the mandate of the rules of the implementation of the administrative license according to law.
    13th people's Bank of China, within the statutory terms of reference, in accordance with the provisions of laws and administrative rules and regulations, may entrust other administrative bodies of the implementation of administrative licensing.
    People's Bank of China branches shall not entrust other administrative bodies of the implementation of administrative licensing.
    Central Bank entrust other administrative bodies to implement the administrative licensing, shall be entrusted with the administrative organs and was entrusted with the implementation of administrative licensing shall be published and commissioned to supervise the executive authorities the implementation of administrative licensing, bear was entrusted with administrative authorities, in the implementation of the administrative license law.
    The entrusting administrative organ within the terms of reference, with the people's Bank of China, on behalf of the implementation of administrative licensing; other organizations or individuals shall not delegate the implementation of administrative licensing.
    Chapter III implementation of administrative license procedure in section application and accepting the 14th of citizens, legal persons or other organizations engaged in specific activities, are required by law to obtain people's Bank of China or its affiliates administrative license, an application shall be submitted to the PBC or its affiliates. Application administrative license, should will application material make people's Bank of China Office or people's Bank of China branch institutions Office, Office or Office should in received application material of day will its transfer to Bank hosted administrative license matters of about functions sector; applicants will application material directly mention handed people's Bank of China or its branch institutions hosted administrative license matters of functions sector of, functions sector in handle administrative license matters of while, should to Office or Office replacement documents processing procedures
    ; Function receives administrative licensing items not belonging to contractors in this sector of application materials, at the date of receipt of the application materials should be handed over to the Office or offices, Office or the Office shall at the date of receipt of the application materials of the administrative licensing items will be handed over to the contractor functions. Applicant may authorize an agent to apply for administrative license.
    But according to law by the applicant to the PBC or its branch offices except in respect of administrative Licensing application.
    Apply for administrative license applicant has appointed a representative, shall provide the trustee and the agent's identity documents and power of attorney.
    Administrative Licensing application by letter, telegram, telex, fax, electronic data interchange and e-mail form.
    15th branch of people's Bank of China and its institutions of administrative licensing items function is responsible for handling applications for administrative license.
    According to law shall be determined by the people's Bank of subordinate Bank first decided to review submitted to the next higher row of administrative licensing matters application, accepted by the subordinate Bank's review functions of the Department.
    Department of administrative licensing items require multiple functions, determined by the Office or the Office of a Department receives. 16th people's Bank of China and its branches are responsible for undertaking the functions of administrative licensing items shall be the administrative licensing items and the basis, conditions, quantities, procedures, deadlines, and need all the material submitted to directories and application model in their offices, such as publicity.
    Conditions, can get on the Internet or printed publication.
    Applicant requirements description, explain to the publicized, relevant departments should indicate, explain and provide accurate and reliable information. Applications need to use rich text, the format of the text by the people's Bank of China or its affiliates be responsible for undertaking the functions of administrative licensing items provided.
    Application format text must not contain and apply for administrative licensing items not directly related to the content.
    17th a citizen, legal person or any other organization to the people's Bank of China or its branches for administrative license shall submit the relevant materials and reflect the true situation, and is responsible for the authenticity of the substance of the application materials.
    18th branch of people's Bank of China and its application for administrative licensing of the applicant, should be dealt with separately according to the following conditions: (a) the application does not need an administrative license in accordance with law, shall immediately inform the applicant will not be accepted.
    (B) applications, not part of the mandate of the people's Bank of China, and shall immediately make a decision inadmissible, and inform the applicant apply to the relevant administrative authority.
    (C) the application belongs to the mandate of the people's Bank of China, but does not belong to the level accepted, should explain the situation to the applicant and advised to apply to the competent institution.
    (D) there is an error the application materials can be corrected on the spot, shall permit the applicant to be corrected on the spot. (V) application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to supplement the content.
    Fails to inform the, shall be accepted as of the date of receipt of the application materials.
    (Vi) application belongs to the mandate of the people's Bank of China, application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the applicant, shall accept administrative licensing applications.
    According to the provisions of the preceding paragraph to accept, will not be accepted, inadmissibility or an application for the correction of material, issued by the people's Bank of China and its branches shall be stamped with the Bank or seal and the date written notice of administrative licensing.
    The second section reviews and 19th, people's Bank of China and its branches are responsible for undertaking the functions of administrative licensing items shall be submitted in accordance with the applicant's application for review.
    Application materials are complete and comply with the statutory format submitted by the applicant, and the matter can be confirmed on the spot in accordance with the relevant provisions of administrative license, undertake the functions of administrative licensing items should be approving an administrative license is on the spot and issued certificates for administrative license in accordance with the relevant provisions.
    In accordance with the statutory conditions and procedures, need to verify the substance of the application materials, undertake the functions of administrative licensing items shall be assigned more staff for verification.
    20th administrative license according to law shall be determined by the people's Bank of subordinate Bank review decided by higher authorities, subordinate Bank should review its preliminary observations and submit all application materials directly to the superior.
    Superior Bank, in a review of the matters of administrative license, the applicant shall not be required repeated applications to provide materials.
    21st people's Bank of China and its branches are responsible for undertaking the functions of administrative licensing items when reviewing the administrative Licensing application and found that administrative licensing items directly related to the vital interests of others, it shall inform the interested party.
    Applicant or interested party has the right to make statements and to plead and was informed that the date of the 3rd statement, to be submitted within defence; for oral presentations, representations, departments undertake the functions of the administrative licensing items shall make records, those statements people, defence and signature confirmation.
    People's Bank of China and its branches should listen to the views of the applicant and interested party.
    22nd, people's Bank of China and its branches are responsible for undertaking the functions of administrative licensing items to review the applications for administrative license shall be made according to the following circumstances: (a) the application complies with legal conditions and standards, intended to grant an administrative license shall make a written decision on approving an administrative license is. (B) the application does not meet the legal conditions and standards, to be no administrative license shall make no decision on the administrative license.
    Decision shall state the reasons for refusing to license, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 23rd people's Bank of China and its branches are responsible for undertaking the functions of administrative licensing items shall be made according to law to grant an administrative license or no administrative decision to license newspapers the Bank President (Officer) or the competent Deputy Governor (Deputy Director) for review and approval.
    But an administrative licensing and issuing certificates for administrative license exception.
    Approving an administrative license is or is not an administrative licensing decision by the Governor of the Bank (Director) or Chief Deputy Governor (Deputy Director) after approval, shall be affixed to the Bank line, and the date.
    24th people's Bank of China and its branches to approve the decision on the administrative license in accordance with the laws, administrative regulations and rules of the regulations be issued certificates for administrative license as provided, applicants should be awarded stamped with the Bank's certificate of administrative license.
    25th people's Bank of China and its branches to make an administrative decision, shall be made public and the public a right of access.
    26th people's Bank of China and its branches shall implement the administrative licensing, no geographical restrictions on the scope of its application, the applicant obtained the effective administrative license in the country. 27th article has a limited number of administrative licensing, two or more claimants were in accordance with legal conditions and standards, people's Bank of China or its affiliates should be according to accept administrative licensing applications for administrative licensing decisions are made in the order.
    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions. Specific eligibility, qualification to the legal entity or other organization, people's Bank of China or its affiliates shall, in accordance with the applicant's professional structure, technical condition, results of operations and executive management and the results of the assessment decision.
    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions. Section III terms and served on the 28th among administrative licensing decision can be made on the spot, people's Bank of China and its branches shall accept administrative licensing applications within 20th of, make a decision on the administrative license. Cannot make a decision in the 20th, by the Governor of the Bank (Director) or Deputy Governor (Deputy Director) approved extension of the 10th, and shall inform the applicant of the reasons for such further period.
    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions.
    29th according to law must first be approved by the people's Bank of subordinate Bank reviews submitted to the next higher row after decision of administrative license, the lower row shall from the date of acceptance of the application review is completed within the 20th, and hand over preliminary review application materials and superior lines.
    Parent line shall be the receipt of the application materials and preliminary review comments within 20th of subordinate Bank, the decision whether or not to grant an administrative license.
    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions.
    30th branch of people's Bank of China and its institutions, to make decision on the administrative license, are required by law to a hearing, the hearing does not calculate time required within the period specified in this section but should be required to inform the applicant in writing.
    31st for receiving, do not accept, refuse to accept, or notice of an application for the rectification of material, apart from the instant informed, shall from the date of receipt of the application materials served in the 5th.
    32nd people's Bank of China and its branches decision on approving an administrative license is made, shall take a decision within 10th of the applicant approving an administrative license is a written decision or certificate of administrative license.
    No administrative licensing decisions of the people's Bank of China and its branches, shall take a decision within 10th of serve not the written decision of administrative licensing.
    People's Bank of China and its branches served the administration of the provisions of the preceding two paragraphs permits or decisions, in accordance with the relevant provisions of the civil procedure law.
    Fourth day hearing the 33rd legal, administrative regulations, or the rules of the regulations stipulates the implementation of administrative licensing matters should be hearing, or hearing of the people's Bank of China and their branches that need other major administrative licensing matters concerning public interest, shall be announced to the public, and hold a hearing.
    34th article administrative license directly involved applicants and others Zhijian major interests relationship of, people's Bank of China and branch institutions in made administrative license decided Qian, hosted administrative license matters of functions sector should told applicants, and interest relationship people enjoys requirements hearing of right; applicants, and interest relationship people in was told hearing right of day up 5th within proposed hearing application of, people's Bank of China or its branch institutions should in 20th within organization hearing.
    Applicants and interested parties is not liable for the costs of the hearing of the people's Bank of China and its branch organizations.
    35th hearing in accordance with the following procedures: (a) the people's Bank of China and its branches are responsible for undertaking the functions of administrative licensing items should be held 7th hearing time, place, inform the applicant or interested party, shall be published, if necessary.
    (B) the hearing shall be held in public.
    (C) a hearing by the people's Bank of China and its branches of the staff of the Department of Legal Affairs, acted as moderator, or by the Governor of the Bank (Director) or Chief Deputy Governor (Deputy Director) specified the matters under administrative license to host staff from other departments other than the Department, acted as moderator.
    Applicants, interested parties considered hosts have direct relation with the administrative licensing items has the right to apply for the withdrawal; hearing whether the withdrawal by the Governor of the Bank (Director) or Chief Deputy Governor (Deputy Director).
    (D) hold hearings, undertake the functions of administrative licensing items shall be provided to review evidence, justification applicants, interested parties can present evidence and plead and cross-examination. (E) the hearing shall be made by a hearing to designate records and hearing transcripts.
    Records include: time and place of hearing, to the hearing officer, hearing matters, the views of the parties to the hearing. Record of hearing shall give the parties to the hearing to confirm and sign or seal.
    Party refuses to sign or seal of the hearing shall be recorded and signed or stamped by the other participants in the hearing to prove. (Vi) after the end of the hearing, the hearing officer shall be hearing transcript and hearing of evidence obtained by transfer to host functions for administrative licensing matters.
    Undertake the functions of administrative licensing items should be produced according to hearing an administrative license or no administrative licensing decision, and in accordance with the provisions of this article 22nd and 23rd.
    The fifth section change and continuation of the 36th licensee change of administrative licensing items, should be made to the licensing branch of the people's Bank of China, or the application meet the legal conditions and standards, people's Bank of China and its branch offices shall go through the procedures of alteration according to law. 37th licensee needs to extend validity of administrative licensing shall be the administrative license expires 30th to make a decision on the administrative license rules of an application or its affiliates.
    But otherwise provided by laws, administrative regulations and rules of the regulations, in accordance with its provisions.
    People's Bank of China and its branches shall upon application of the licensee, in the Administration make a decision on whether to approve the extension before the expiry date of the permit; fails to make a decision, considered to approve the extension. Fourth chapter administrative license 38th branch of people's Bank of China and its institutions the implementation of administrative licensing and supervision and inspection on administrative licensing items shall not charge any fee.
    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions.
    People's Bank of China and its branches provide administrative Licensing application form text, shall not be charged.
    The 39th people's Bank of China and its branches to implement the administrative licensing, and charge fees in accordance with the laws and administrative regulations shall be published in accordance with the statutory items and charges; must be unified and the fees charged by account, and all turned over to the State Treasury shall be subject to any form of withholding or misappropriating, privately divide or disguised privately.
    Supervision and inspection of the 40th chapter fifth branch of people's Bank of China and its institutions undertake the functions of administrative licensing items should be on the handling of administrative licensing matters, basis, reviews, deal with results and deadlines for registration and quarterly copy of the Bank's Legal Affairs Department.
    41st branch of people's Bank of China and its institutions of administrative licensing matters concerning functional departments in charge of the sector administrative licensing items to be checked and shall be at least two times a year. The Legal Affairs Department of the people's Bank of China and its branches should supervise and inspect Bank Administrative licensing items.
    Problems found in the inspections, should be required to undertake timely corrected, and to the President of the Bank (Director) or Chief Deputy Governor (Deputy Director). 42nd Legal Affairs of the people's Bank of China branches Department annual analysis on the area of the implementation of administrative licensing, and submission to superior legal services report on the implementation of the administrative license.
    Reports should include the type, quantity and results of administrative licensing (including administrative license, no administrative permissions), filing, supervision and inspection, the existing problems and suggestions of content.
    Article 43rd subordinate Bank the people's Bank to host functions for administrative licensing matters the implementation of administrative licensing shall be submitted to the superior counterpart departments for the record.
    Superior each year should supervise and inspect the implementation of administrative licensing to lower rows, correcting subordinates in the implementation of administrative licensing law.
    44th people's Bank of China and its branches shall establish and improve oversight of administrative licensing matters concerning activity of the licensee system, and through the verification of licensee engaged in related materials administrative license activities, carry out its oversight responsibilities.
    People's Bank of China and its branches shall be permitted to engage in the activities of administrative licensing items when conducting supervision and inspection, you can inspect or require the licensee to submit relevant materials according to law; a licensee shall provide relevant information and materials.
    People's Bank of China and its subsidiaries undertake the functions of administrative licensing items shall supervise and inspect records and results, after being signed by the inspectors from the archive.
    Supervision and inspection records of the public's right to review the provisions of the preceding paragraph.
    45th supervise and check the people's Bank of China and its branches shall be without prejudice to Licensee's normal business activities.
    Article 46th licensee subject to the licensing branch of the people's Bank of China of offence outside the jurisdiction of administrative licensing matters concerning activities, branch of the people's Bank of China shall, where the violation occurred to Licensee's illegal facts, treatment results, copy the licensing branch of the people's Bank of China.
    47th individuals and organizations discover illegal should be approved by the people's Bank of China and its branches of administrative licensing matters concerning activities, to report to the PBC or its affiliates, people's Bank of China and its branches shall be verified, processed in a timely manner.
    48th article has following case one of of, people's Bank of China and branch institutions can according to terms or according to interest relationship people of requests, revoked Bank or subordinate line made of administrative license decided: (a) people's Bank of China and branch institutions of staff abuse, and negligence made granted administrative license decided of; (ii) beyond statutory terms made granted administrative license decided of; (three) violation statutory program made granted administrative license decided of;
    (D) is not eligible or an applicant who does not meet the statutory requirements of administrative license; (v) in accordance with the laws and administrative regulations and rules of the regulations can annul of an administrative license in other circumstances.
    Licensee by fraud, bribery or other improper means to obtain administrative approval, make a decision on the administrative license of the people's Bank of China or its branches shall be revoked.
    Annul of an administrative license in accordance with the preceding two paragraphs, may cause significant harm to the public interest, it shall not be annulled. In accordance with the provisions of the first paragraph of this article annul of an administrative license, licensee's lawful rights and interests are harmed, PBC or its branches shall give compensation.
    In accordance with the provisions of the second paragraph of this article of the annul of an administrative license, the licensee based on administrative permission make benefit from protection.
    49th article has following case one of of, people's Bank of China and branch institutions should law handle about administrative license of cancellation procedures: (a) administrative license validity expires not continued of; (ii) gives citizens specific qualification of administrative license, the citizens death or lost capacity of; (three) corporate or other organization law terminated of; (four) administrative license law was revoked, and withdrawn, or administrative license documents law was revoked of; (five) for force majeure led to administrative license matters cannot implementation of;
    (F) the provisions of laws and administrative regulations administrative license shall be revoked in other circumstances.
    The 50th branch of people's Bank of China and its institutions of administrative license revocation, cancellation, should make an announcement, the public right of access.
    Sixth chapter supplementary articles 51st article of the regulation of the branch of the people's Bank of China and the implementation of administrative licensing terms to working days, excluding holidays.
    52nd State administration of foreign exchange and their stations the implementation of administrative licensing shall not apply to these measures.
    53rd these measures shall come into force on November 1, 2004.
                                                                        This approach prior to the implementation of the relevant provisions of the people's Bank of China and its branches to implement the administrative licensing, does not comply with the regulations, from the date of implementation of this method to stop execution.