(Announced January 8, 2003, State economic and Trade Commission, the 48th) Chapter I General provisions article in order to standardize the State economic and Trade Commission (hereinafter referred to as State economic and Trade Commission) administrative examination and approval of establishment and implementation, improve administrative efficiency, and protect the legitimate rights and interests of natural persons, legal persons and other organizations, in accordance with relevant regulations of the State Council's administrative examination and approval system reform, these measures are formulated.
    Article based on applications submitted by natural persons, legal persons or other organizations, the State economic and Trade Commission, responsible for granting its particular economic and trade activities, accreditation of the qualification qualification of administrative approval, such as the establishment and implementation of, should comply with these measures.
    All provinces, autonomous regions and municipalities and Xinjiang economic and Trade Commission (the Commission), the local Council (industry) is responsible for the implementation of administrative approval items set by the State economic and Trade Commission, shall be executed in accordance with the measures.
    Administrative examination and approval of establishment and implementation of article III should follow legal and reasonable, fair, open and transparent, streamlined and efficient, the principle of responsibility.
    Chapter II set the fourth article of the administrative approval items, should follow the laws of the Socialist market economy, to natural persons, legal persons or other organizations to play the enthusiasm, initiative, safeguarding the public interest and social order, promoting the coordinated development of economy, society and environment. Fifth article according to trade administration need, in following range within can proposed set administrative approval project of recommends: (a) directly relationship national security, and economic security, and public interests and personal health, and life property security of; (ii) about limited natural resources of utilization, and limited public resources configuration of; (three) through after remedy to effective elimination effect or to save major damage of; (four) Government concluded or participate in of international treaty need established approval matters of; (five) legal, and administrative regulations, and
    Generally binding decisions of the State Council called for the establishment of other items.
    Sixth article this approach fifth article subsection (a), and (ii), and (three) items by column matters, through following way can solution of, shall not proposed set administrative approval project of recommends: (a) by natural, and corporate or other organization independent decided, not damage national, and social, and collective and others lawful rights and interests of of; (ii) through market mechanism or law established of intermediary organization can solution of; (three) through developed and implementation mandatory standard, and technology regulations can solution of;
    (D) by way of supervision afterwards or remedial can be resolved.
    The seventh set of administrative approval items, should be based on national laws, administrative regulations, generally binding decisions of the State Council on the basis of, and administrative approval by State economic and Trade Commission regulations, conditions, procedures, deadlines and monitoring methods to be specific and clear. The eighth administrative approval items of the State economic and Trade Commission to be created, by departments with related functions provided by this approach of diwu、Liu、qitiao research suggests that specific content should include administrative approval items name, set the basis and the related draft regulations.
    No legal and administrative regulations, generally binding decisions of the State Council as a basis, but the administrative approval items really necessary to set, with relevant functional departments should be suggested the necessity of administrative approval items at the same time, legislative proposals and administrative regulations (or the file) draft.
    Since the submission of the Nineth proposed set of administrative approval items, the State economic and Trade Commission rule of law institutions shall verify the legality of, and in conjunction with the Office of the surveillance, supervision, personnel and other agencies on whether the administrative examination and approval in accordance with rational, efficiency, responsibility, supervision and audit, assessment principles. Article tenth of the administrative approval items after they have been approved, shall be submitted to the State economic and Trade Commission meeting to consider, set by the administrative approval items presented, Audit Bureau for instructions from Director Office meetings to make decision on whether to set up the administrative approval items.
    Legal, administrative regulations, generally binding decisions of the State Council as a basis for setting legislative proposals and administrative regulations administrative approval items (or the file) consideration by the Office after the adoption of the draft Commission Director, shall be submitted to the State Council for approval.
    Chapter III applications for administrative approval and acceptance of the 11th national economic and Trade Commission should be the project name, basis and conditions, procedures, deadlines, costs and the need to submit all materials and application model in the administrative examination and approval work place public announcements, and publicized in the People's Republic of China State economic and Trade Commission notice and the State economic and Trade Commission website, except those involving State secrets. 12th administrative examination and approval in accordance with law to apply for natural person, legal person or other organization are the administrative examination and approval of the applicant (hereinafter the applicants).
    Applicants can entrusts an agent to apply for administrative approval. 13th the administrative examination and approval to the application should be submitted in writing.
    Applicants can be sent by mail, a data message (including telegram, telex, fax, electronic data interchange and e-mail) for administrative approval by way of application, but laws and administrative regulations, departmental rules and regulations should be presented by the applicant to the executive authorities the Executive except for vetting.
    14th Bureau of the State economic and Trade Commission of administrative approval to host Division (hereinafter referred to as host Director) shall not require the applicant to submit laws, administrative regulations or the State Council generally binding decisions, as well as, other materials other than those provided for by the State economic and Trade Commission regulations.
    15th host departments received administrative approval to the application, shall provide the applicants to produce relevant documents, review and receipt of administrative examination and approval date of the application in the 5th make a decision on whether to accept. 16th article on administrative approval application not meet accepted conditions of, hosted Division Council should according to following situation made processing: (a) application matters not belongs to the administrative approval range of, hosted Division Council should made not accepted of written decided, and told applicants reason; (ii) application matters not belongs to national economic and Trade Commission duties range of, hosted Division Council should made not accepted of written decided, and told applicants right to accepted application of institutions; (three) application material not complete or not meet statutory form of, Contractors Division shall be corrected within a reasonable time inform the applicant in writing.
    The applicant fails to correct, it shall be deemed not to apply.
    (D) the application does not comply with the statutory procedures, contractors Division Board decisions should be made inadmissible, and in an appropriate manner inform the applicant the reasons. 17th section duties and scope of administrative examination and approval matters belonging to the State economic and Trade Commission, application materials are complete and comply with the statutory format, contractors Division shall be admissible and accept the notice issued to the applicant.
    Contractors Division Board in 15th is not issued within the prescribed period these measures notification of acceptance is deemed accepted.
    Fourth chapter review and approval of the 18th article of administrative examination and approval after the application is accepted, contractors Division shall in accordance with the statutory conditions and procedures, to substantive examination of the application materials; requires administrative approval decisions are made only after verification on the ground, contractors Division shall assign more staff to conduct on-site verification. 19th law must first be approved by the provincial economic and Trade Commission reviewed applications for administrative examination and approval of the State economic and Trade Commission, the provincial economic and Trade Commission shall, within the period provided for in the administrative examination and approval procedures after examination and approval, a preliminary review comments and application materials are submitted to the State economic and Trade Commission.
    Contractors Division Board shall not require an applicant to repeat offers application materials.
    Article 20th administrative examination and approval of the State economic and Trade Commission of two or more departments, should determine a Division lead, and which is responsible for uniform handling after consultation with the relevant departments, or take the form of joint office, dealt with.
    Related functions of other departments under the State Council, hosting the Secretary shall actively seek the views of relevant departments. When 21st for substantive review of administrative examination and approval applications, you should pay attention to listen to views from all sides.
    On administrative examination and approval by the interested applicants administrative objection, contractors Division Board should listen to the views of the applicant and interested party, and on the reasons put forward by the parties and the basis for review.
    22nd article has following case one of of, hosted Division Council made administrative approval decided Qian, should told applicants or interest relationship people has requirements hearing of right, and according to applicants proposed of hearing application organization hearing: (a) not used tender, and auction way and involved applicants, and interest relationship people major interests of limited natural resources of utilization, and limited public resources of configuration, and directly relationship public interests of monopoly sex enterprise of market access, matters; (ii) directly relationship social public interests of major matters;
    (C) the provisions of laws and administrative regulations, departmental rules other matters should be hearing.
    23rd important administrative examination and approval of professional, technical, contractors Division shall take hold review, written consultation with interested experts, inter alia, comments. 24th hosting the Secretary shall from the date of acceptance of the application in the 30th for examination as to substance, and the State economic and Trade Commission or make a decision on whether to approve, on behalf of the General Office of the State economic and Trade Commission.
    30th cannot make a decision, approved by the competent Committee, you can extend the 15th, but contractors Division Board should extend the review period and the reasons for the applicant.
    For a hearing in accordance with law, tendering, evaluation and expert review, contractors Division shall from the date of acceptance of the application made within the 30th hearing, tendering, evaluation and expert review of decisions, approval decision on the application of the time may be appropriately extended.
    Administrative examination and approval applications to be reviewed by the State Council, approved or sought outside the Department to make a decision, its duration in accordance with the principles set out in the first to second paragraph of this article, be provided in the specific procedure of administrative approval items.
    Relevant State laws and administrative rules and regulations on administrative examination and approval time limit otherwise provides, from its provisions.
    25th no approval of administrative examination and approval of application for law, contractors Division Board within the time stated in the article 24th of this approach, appropriate form to notify the applicant in writing and state the reasons. 26th State economic and Trade Commission, the establishment of administrative examination and approval documents registration system.
    Contractors Division Board of the administrative examination and approval shall be responsible for the complete dossier, and file registration files, for safekeeping.
    File registration records should include the following: application and acceptance or rejection notice, review, verification of material, approving or not approving decisions, as well as files, promoters, contractors, etc.
    Files not involving State secrets, business secrets of registration materials, the applicant and other relevant staff can access. 27th results of the State economic and Trade Commission, the establishment of administrative examination and approval system.
    Contractors Division shall from the date of administrative examination and approval decisions taken in the 10th, in the People's Republic of China State economic and Trade Commission notice and the State economic and Trade Commission, results published on the website of the administrative examination and approval, except those involving State secrets.
    The fifth chapter supervision and responsibility of the 28th administrative oversight of the approval shall include the activities were approved by administrative examination and approval matters monitoring and supervision of the administrative examination and approval organs. 29th the State economic and Trade Commission supervision organizations and contractors Division Council approved submitted by the monitoring report supervises the verification or other related material. If necessary, can also be approved in accordance with the sampling, testing, inspection and on-site inspections.
    Approved activities people are engaged in administrative examination and approval matters shall strengthen self-discipline.
    30th country trade monitoring body responsible for hosting the Division Council to regulate administrative examination and approval procedures, establishment of administrative examination and approval levels and checks the link supervision measures, administrative supervision imposed on acts of State economic and Trade Commission administrative examination and approval, accepted by law for administrative examination and approval of administrative discipline violations in the accusation, the reporting and investigation.
    31st state economic and Trade Commission in the implementation of a legal working body shall perform the administrative examination and approval of law enforcement and supervision duties, undertake administrative reconsideration due to administrative examination and approval, examine matters of litigation and administrative proceedings. The 32nd State economic and Trade Commission, the establishment of administrative examination and approval system.
    Implementation of administrative examination and approval evaluation once every two years, does not need to retain, shall be cancelled in accordance with the procedures laid down in this way Diba、JIU、Shitiao; the process not standardized, the condition does not clear, high efficiency, should be improved and perfected.
    The 33rd Division for approval or oversight responsibilities of the State economic and Trade Commission has Board and staff as leading party cadres should consciously abide by honesty in politics a number of criteria (for trial implementation), staff honesty in politics a number of provisions of the State economic and Trade Commission. 34th State economic and Trade Commission has approval or oversight responsibilities of the Council and staff of the Division in violation of this regulation, in accordance with management permissions to administrative accountability system, including: ordered to apologize, the Executive warned, reprimanded, adjust position, suspended and ordered to resign.
    According to the relevant provisions, on their responsibilities to appropriate sanctions; breach of the People's Republic of China criminal law, transferred to judicial organs for criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 35th of the measures regarding administrative examination and approval requirement, refers to working days, excluding holidays.
    Article 36th explain these measures by the State economic and Trade Commission.
                                                                                                                  37th these measures shall come into force on March 1, 2003.