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    State Council: Abolishes the review process for new pesticide registration trials, replacing it with a filing system.


    Release Date:

    2020-09-22

    Document No. 13 [2020] of the State Council

     

    To the People’s Governments of all provinces, autonomous regions, and municipalities directly under the central government; to all ministries and commissions of the State Council, and to all agencies directly affiliated with the State Council:

    Following deliberation and assessment, the State Council has decided to abolish 29 administrative licensing items and to delegate the approval authority for 4 administrative licensing items to lower-level authorities. These decisions are hereby announced. In addition, with respect to 20 administrative licensing items established by law, the State Council will, in accordance with statutory procedures, submit a proposal to the Standing Committee of the National People’s Congress to amend the relevant legal provisions.

    All regions and relevant departments shall promptly ensure the effective implementation of the measures to abolish or delegate administrative licensing matters, further refine supporting reform measures, and strengthen and innovate ex‑ante, in‑process, and ex‑post supervision, so as to ensure that powers are appropriately delegated, effectively taken over, and well managed. Within 20 working days from the date of issuance of this Decision, the relevant departments of the State Council shall publicly release detailed rules for ex‑ante, in‑process, and ex‑post supervision, and intensify publicity, interpretation, and oversight of their implementation.

     

    Attachment: 1. Catalog of Administrative Licensing Items Abolished by Decision of the State Council (Totaling 29 Items)

    2. Catalog of Administrative Licensing Items Whose Approval Levels Have Been Delegated by the State Council (Totaling 4 Items)

    State Council

    September 13, 2020

    (This document is publicly released.)

    Attachment 1

     

    Catalog of Administrative Licensing Items Abolished by Decision of the State Council

    (A total of 29 items)

     

     

    Serial number

    Item Name

    Approval Department

    Basis for Establishment

    Strengthen measures for ongoing and post-event supervision.

    1

    Issuance of the Approval Opinion on Foreign-Invested Telecommunications Business Operations

    Ministry of Industry and Information Technology

    Regulations on the Administration of Foreign-Invested Telecommunications Enterprises

    Following the revocation of the license, the Ministry of Industry and Information Technology and the provincial telecommunications administrations shall strengthen regulatory oversight through the following measures:

    1. When processing telecommunications business operation licenses, strict oversight shall be exercised to ensure that foreign-invested telecommunications enterprises comply with shareholding ratio restrictions.

    2. Strengthen monitoring of the day-to-day business operations of foreign-invested telecommunications enterprises and urge them to submit relevant information as required.

    3. Strengthen regulatory oversight through mechanisms such as “double-random, one-public” inspections; any violations of laws or regulations discovered shall be investigated and prosecuted in accordance with the law, and the outcomes shall be made public.

    4. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, and adopt measures such as differentiated regulatory approaches.

    2

    Approval for Chromium Compound Production and Construction Projects

    Provincial departments of industry and information technology

    Decision of the State Council on Establishing Administrative Licenses for Administrative Approval Items That Must Be Retained

    Notice of the General Office of the State Council on Issuing the Regulations on the Main Responsibilities, Internal Organizations, and Staffing of the Ministry of Industry and Information Technology (Guobanfa [2008] No. 72)

    Decision of the State Council on Cancelling and Adjusting a Batch of Administrative Approval Items and Other Matters (Document No. 11 [2015] of the State Council)

    Following the revocation of the license, the industrial and information technology authorities shall strengthen oversight through the following measures:

    1. Strictly enforce the industrial policies governing the production of chromium compounds; any chromium‑compound production project found to fall under the prohibited or restricted categories shall be promptly addressed in accordance with applicable regulations.

    2. In accordance with the “Guiding Opinions of the General Office of the State Council on Promoting the Relocation and Renovation of Hazardous Chemical Production Enterprises in Densely Populated Urban Areas” (Guobanfa [2017] No. 77), chromium compound production enterprises located in densely populated urban areas shall undergo rigorous assessments of their safety and health protection distances; those that fail to meet the standards must undertake relocation and renovation.

    3. Support and encourage the comprehensive utilization of chromium slag resources, establish relevant product standards, and promote the adoption of chromium slag by steel enterprises.

    3

    Issuance of Special Industry Licenses for the Pawnbroking Industry

    Local public security organs at or above the county level

    Decision of the State Council on Establishing Administrative Licenses for Administrative Approval Items That Must Be Retained

    Following the revocation of the license, public security organs and relevant departments shall strengthen oversight through the following measures:

    1. Provincial local financial regulatory authorities shall, within five working days of making an approval decision, transmit information on the establishment and approval of pawnbrokers and their branches—including establishment, modification, and cancellation—to the provincial public security organs. In accordance with such information, the public security organs shall bring these pawnbrokers and their branches under regulatory oversight and exercise supervision in compliance with the law.

    2. Through mechanisms such as “double-random, one-public” inspections and oversight, strengthen public security management of pawnbrokers, promptly address potential risks and hazards, and investigate and prosecute any illegal or criminal activities in accordance with the law.

    4

    Approval of Design Documents and Construction Plans for Navigable Structures

    Provincial transportation authorities or waterway management agencies

    Regulations of the People’s Republic of China on the Administration of Navigational Channels

    Following the revocation of the license, the transportation authorities and waterway management agencies shall strengthen oversight through the following measures:

    1. The construction entity of navigable structures is required to submit the design of the navigable structure to the relevant transportation authorities for approval of the design documents for the waterway engineering project upon completion of the design.

    2. Strengthen oversight of the water transport infrastructure construction market, urge project owners to strictly implement the approved design documents for water transport projects, and, upon identifying any violations of laws or regulations, impose lawful penalties and publicly disclose the outcomes.

    3. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, and adopt measures such as differentiated regulatory approaches.

    5

    New Pesticide Registration Trial Review

    Ministry of Agriculture and Rural Affairs

    Pesticide Regulations on Administration

    Licensing will be abolished and replaced with a filing system. The agriculture and rural affairs authorities shall strengthen oversight through the following measures:

    1. Establish and improve the new Pesticide Establish a registration‑filing system for trials and build a nationwide, unified online filing platform to enable relevant enterprises to complete filing procedures efficiently. For those who fail to file in accordance with the requirements, legal liabilities shall be imposed and pursued in accordance with the law.

    2. Strict Implementation Pesticide Registration and approval of test‑unit accreditation, ensuring strict oversight. Pesticide Establishing an access threshold for registered testing entities.

    3. For newly filed items Pesticide Conduct spot checks and oversight of registration‑related testing activities, urge relevant entities to implement risk‑prevention and control measures, and, upon identifying any violations of laws or regulations, impose lawful penalties and publicly disclose the outcomes.

    4. In Pesticide In the registration and licensing stage, for new… Pesticide Review and vet the relevant details of registration trial activities.

    6

    Registration of seven categories of fertilizers (including macronutrient water-soluble fertilizers, meso‑nutrient water-soluble fertilizers, micronutrient water-soluble fertilizers, agricultural potassium magnesium chloride, agricultural potassium magnesium sulfate, compound fertilizers, and blended fertilizers)

    Ministry of Agriculture and Rural Affairs, provincial-level agricultural and rural affairs departments

    Agricultural Law of the People’s Republic of China

    Law of the People’s Republic of China on the Quality and Safety of Agricultural Products

    The Soil Pollution Prevention and Control Law of the People’s Republic of China

    Licensing will be abolished and replaced with a filing system. The agriculture and rural affairs authorities shall strengthen oversight through the following measures:

    1. Establish and improve the registration system for certain fertilizer products, set up an online registration platform, and, in accordance with the law, impose and enforce legal liability on those who fail to register as required.

    2. Implement “double-random, one-public” regulatory inspections, conduct random sampling and testing of seven categories of fertilizer products in the market, and, upon identifying any violations, impose lawful penalties and publicly disclose the outcomes.

    3. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, and adopt measures such as differentiated regulatory approaches.

    7

    Rural Veterinarian Registration and Licensing

    County-level agriculture and rural affairs (veterinary) authorities

    Animal Epidemic Prevention Law of the People’s Republic of China

    Measures for the Administration of Rural Veterinary Services (formerly Ministry of Agriculture Order No. 17)

    Licensing will be abolished and replaced with a filing system. The agricultural and rural (veterinary) authorities shall strengthen oversight through the following measures:

    1. Establish and improve a registration system for rural veterinary service personnel, and impose legal penalties and hold accountable those who fail to register as required. Publicly disclose registration information to facilitate inquiries and access to veterinary care, while also leveraging public oversight.

    2. Implement “double-random, one-public” regulatory inspections, ensure smooth channels for complaints and reports, and, upon identifying violations of laws or regulations, impose lawful penalties and publicly disclose the outcomes.

    3. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, and adopt measures such as differentiated regulatory approaches.

    8

    Approval of coastal engineering construction projects that may cause environmental pollution and habitat destruction to key protected wild flora and fauna.

    Agricultural and Rural (Fisheries) Department at the prefecture-level city level

    Regulations of the People’s Republic of China on the Prevention and Control of Pollution and Damage to the Marine Environment Caused by Coastal Engineering Construction Projects

    Following the revocation of the license, the agriculture and rural affairs (fisheries) authorities and relevant departments shall strengthen oversight through the following measures:

    1. For coastal engineering projects that may cause environmental pollution or habitat destruction to key protected wild fauna and flora, the ecological and environmental authorities shall, when reviewing and approving environmental impact assessment documents, solicit the opinions of the agriculture and rural affairs (fisheries) authorities, conduct a scientific analysis of the project’s impacts on the habitats of these species, and set forth appropriate conservation requirements.

    2. Strengthen oversight of the implementation of environmental protection measures for construction projects; any violations of laws or regulations shall be investigated and prosecuted in accordance with the law, and the outcomes shall be made public.

    9

    Approval for the Qualification to Engage in Wholesale and Storage Operations of Refined Petroleum Products

    Ministry of Commerce, provincial-level commerce authorities

    Decision of the State Council on Establishing Administrative Licenses for Administrative Approval Items That Must Be Retained

    Following the revocation of the license, the commerce authorities shall, in coordination with relevant departments, strengthen oversight through the following measures:

    1. The commerce authorities shall rigorously enforce their regulatory responsibilities over the petroleum product distribution sector. They require wholesale and storage enterprises to establish systems for maintaining detailed records of purchases, sales, and inbound/outbound inventory, and to maintain comprehensive archives of supporting documentation, including information on the origin of petroleum products, their destinations, inspection reports, and inspection records. They shall conduct “double-random, one-public” inspections, with a particular focus on verifying the establishment and implementation of these record-keeping systems; any violations or non‑compliance shall be addressed in accordance with the law or referred to the relevant authorities for investigation and enforcement. In addition, they shall implement differentiated regulatory measures based on enterprises’ integrity and risk profiles, while supporting industry associations in fulfilling their role in promoting self‑regulation within the sector.

    2. Local governments shall strictly fulfill their responsibilities for local‑level supervision. They shall establish a cross‑departmental joint regulatory mechanism, and in line with the spirit of the comprehensive administrative law enforcement reform, coordinate the allocation of administrative penalty powers and enforcement resources to strengthen collaborative oversight. A complaint and reporting system shall be put in place, and regular special inspections of wholesale and storage enterprises handling refined petroleum products shall be conducted; any violations or illegal acts discovered shall be investigated and dealt with by the relevant departments in accordance with their respective duties and in compliance with applicable laws and regulations. Enterprise credit records shall be established and incorporated into the National Credit Information Sharing Platform, and legally compliant punitive measures shall be imposed on enterprises that engage in unlawful or untrustworthy conduct.

    3. Relevant departments shall strictly enforce their specialized regulatory responsibilities. Enterprises engaged in the wholesale and storage of petroleum products must comply with applicable laws, regulations, and standards pertaining to natural resources, urban and rural planning, construction, quality and metrology, environmental protection, workplace safety, fire safety, public security and counter-terrorism, commerce, taxation, transportation, and meteorology, and conduct their operations in accordance with the law. Public security, natural resources, ecological environment, housing and urban–rural development, transportation, commerce, emergency management, taxation, market regulation, and energy authorities shall, within their respective jurisdictions, strengthen oversight in compliance with laws and regulations; those responsible for workplace safety oversight must earnestly fulfill their duties and firmly safeguard the safety baseline.

    4. Strengthen the sharing and application of regulatory information in the wholesale and storage sectors of petroleum products. Market regulation authorities shall promptly transmit to the relevant competent departments information on newly registered enterprises whose business scope includes the wholesale and storage of petroleum products. The commerce authorities shall, without delay, forward to the relevant competent departments information on petroleum product wholesale and storage enterprises that had obtained the requisite permits prior to the reform, as well as information—obtained during industry oversight—on enterprises operating beyond their authorized scope or engaging in unlicensed operations. All relevant competent departments shall make full use of the shared regulatory information to enhance targeted supervision and law enforcement.

    10

    For certain medical institutions (excluding tertiary hospitals, tertiary maternal and child health care institutions, emergency centers, emergency stations, clinical laboratory centers, Sino‑foreign joint‑venture or cooperative medical institutions, and wholly foreign‑owned medical institutions from Hong Kong, Macao, and Taiwan), the “Approval Certificate for the Establishment of a Medical Institution” shall be issued.

    Local health and health departments at or above the county level

    Regulations on the Administration of Medical Institutions

    Following the revocation of the license, the health and health‑related authorities shall strengthen oversight through the following measures:

    1. Refine the planning approach for the establishment of medical institutions, adopting a guiding‑oriented planning framework for privately operated healthcare facilities. Strengthen support services for healthcare investments by private capital, while vigilantly preventing the use of service‑related measures as a pretext for formal approval procedures.

    2. Strictly implement the registration of medical institutions’ practice and publicly disclose the approval results.

    3. Implement “double-random, one-public” inspections and targeted regulatory measures; ensure smooth channels for complaints and reports; handle medical‑patient disputes and medical accidents in accordance with the law; strengthen oversight and inspection of medical institutions; and, upon identifying any violations of laws or regulations, impose lawful penalties and publicly disclose the outcomes.

    4. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, adopt differentiated regulatory measures, and impose industry-wide bans on medical institutions and their practitioners that have committed serious violations.

    11

    Accreditation of Class C Qualification for Occupational Health Technical Service Institutions

    Municipal-level health authorities of prefecture-level cities

    Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases

    Interim Measures for the Supervision and Administration of Occupational Health Technical Service Institutions (formerly Order No. 50 of the former State Administration of Work Safety)

    Licensing has been abolished and consolidated into the Level‑B accreditation for occupational health technical service institutions. Health authorities shall strengthen oversight through the following measures:

    1. Appropriately lower the qualification requirements for Class B occupational health technical service institutions and refine the relevant technical standards. Guide existing Class C occupational health technical service institutions to obtain new Class B qualification certificates, thereby expanding both their scope of services and geographic coverage.

    2. Implement “double-random, one-public” regulatory inspections, ensure smooth channels for complaints and reports, and, upon identifying violations of laws or regulations, impose lawful penalties and publicly disclose the outcomes.

    3. For enterprises with occupational disease hazard factors, conduct supervisory inspections of such hazards in accordance with the law. If a occupational health technical service agency is found to have issued a false report, legal liability shall be pursued in accordance with the law.

    4. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, and adopt measures such as differentiated regulatory approaches.

    12

    Approval of Bilateral Quoting Dealers in the Interbank Bond Market

    Head Office of the People’s Bank of China

    Decision of the State Council on Establishing Administrative Licenses for Administrative Approval Items That Must Be Retained

    Following the revocation of the license, the People’s Bank of China will strengthen supervision through the following measures:

    1. Establish and improve an incentive and constraint mechanism for market-making activities to encourage market-making institutions to enhance the quality of their services.

    2. Establish a trade reporting database and strengthen the statistical analysis of trading information. Necessary disciplinary measures shall be imposed upon detection of fraudulent trading, wash trading, and other such practices.

    3. Strengthen industry self-regulation and support the National Association of Financial Market Institutional Investors in adopting a market‑driven approach to continuously refine its tiered and categorized evaluation framework for market‑making activities, while ensuring timely disclosure to the market.

    13

    Issuance of Enterprise Bank Account Opening License

    The People’s Bank of China Head Office and its branches

    Decision of the State Council on Establishing Administrative Licenses for Administrative Approval Items That Must Be Retained

    Following the revocation of the license, the People’s Bank of China will strengthen supervision through the following measures:

    1. Strengthen commercial banks’ principal responsibility for account management, require them to verify online information related to enterprise registration, relevant personnel, and tax compliance, and ensure the timely, comprehensive, and accurate submission of enterprise bank account information to the People’s Bank of China as required.

    2. By means of dual-random inspections, open‑public oversight, and targeted regulatory measures, enforcement inspections of commercial banks will be intensified. Any violations of laws or regulations discovered shall be investigated and prosecuted in accordance with the law, with the outcomes made public. In cases where enterprises and individuals are found to engage in illegal activities such as buying or selling corporate bank accounts, punitive measures—including bans on opening new accounts and suspension of non‑counter services—shall be imposed to raise the cost of unlawful conduct.

    3. Improve the interdepartmental information-sharing mechanism and explore the use of advanced technologies to enhance the effectiveness of ongoing and post-event regulatory oversight.

    14

    Filing and Approval of Export Food Production Enterprises

    Directly affiliated customs and subordinate customs

    Food Safety Law of the People’s Republic of China

    Licensing will be abolished and replaced with a filing system. Customs will strengthen oversight through the following measures:

    1. Improve the registration system for food export enterprises, enabling online registration to facilitate business operations.

    2. Strengthen information sharing among customs, market regulation authorities, and other relevant departments, and make full use of customs clearance data and data from related agencies to verify and validate registration information.

    3. Ensure effective coordination and cooperation with the designated competent authorities of the destination countries, and strengthen regulatory oversight through mechanisms such as dual-random inspections, transparent public disclosure, and credit-based regulation.

    15

    Qualification Licensing for Personnel Engaged in Import and Export Animal and Plant Quarantine Treatment Services

    Directly affiliated customs and subordinate customs

    Regulations for the Implementation of the Law of the People’s Republic of China on Animal and Plant Quarantine at Borders

    Following the abolition of the licensing requirement, customs authorities will strengthen oversight through the following measures:

    1. Strengthen the principal responsibility of entities engaged in import and export animal and plant quarantine treatment services by requiring these entities to provide training and conduct assessments for their personnel, ensuring that only those who have mastered the technical standards and operating procedures for fumigation and disinfection are permitted to take up their posts.

    2. Strictly enforce relevant laws, regulations, and standards; strengthen supervision and guidance over the quarantine treatment process; and issue the corresponding certificates.

    3. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, adopt differentiated regulatory measures, and impose industry-wide bans on entities and individuals that commit serious violations.

    16

    Designation of inspection bodies related to mandatory certification

    State Administration for Market Regulation

    Regulations of the People’s Republic of China on Certification and Accreditation

    Following the revocation of the license, the State Administration for Market Regulation will strengthen oversight through the following measures:

    1. Refine the standards and guidelines governing inspection activities related to mandatory certification, ensure that certification bodies assume their principal responsibilities, and fully leverage their supervisory role over such activities.

    2. Through complaints and reports, routine monitoring, special inspections, and other means, promptly identify and rectify any illegal or non-compliant conduct in inspection activities, and hold the responsible parties legally accountable in accordance with the law.

    3. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, and adopt measures such as differentiated regulatory approaches.

    17

    Approval of Qualifications for Acting as a Storage Agent for Central Reserve Grain

    National Food and Strategic Reserves Administration

    Regulations on the Administration of Central Grain Reserves

    Licensing has been abolished, and the management approach has been revised; market entities other than the directly affiliated enterprises of the Sinograin Group are prohibited from undertaking the storage of central grain reserves. The grain and reserve administration authorities shall strengthen oversight through the following measures:

    1. For enterprises that have obtained the qualification to act as entrusted storage facilities for central grain reserves, their licenses shall automatically expire upon expiration.

    2. Conduct annual assessments of the implementation of central government grain policies and the management of central grain reserves, carry out routine inventory inspections, and ensure that the quantity of central grain reserves is accurate, the quality meets standards, and storage conditions are safe.

    3. Implement “double-random, one-public” regulatory inspections, leverage information technology to enhance the precision and effectiveness of oversight, ensure smooth channels for complaints and reports, and strengthen routine supervision of Sinograin Group Co., Ltd. and its directly affiliated enterprises. Any violations of laws or regulations shall be investigated and prosecuted in accordance with the law, with the outcomes publicly disclosed; suspected criminal activities shall be promptly referred to the relevant authorities for handling.

    18

    Accreditation of Forestry Quality Inspection Institutions

    National Forestry and Grassland Administration

    Regulations for the Implementation of the Standardization Law of the People’s Republic of China

    Following the abolition of the licensing requirement, the forestry and grassland authorities and the market regulation authorities shall strengthen oversight through the following measures:

    1. When the State Administration for Market Regulation establishes or revises the准入 requirements for inspection and testing institutions, it shall seek the views of the National Forestry and Grassland Administration, thereby reflecting the forestry and grassland authorities’ specific准入 requirements for forestry quality‑inspection institutions. Newly established or renewed forestry quality‑inspection institutions shall apply directly to the market regulation authorities for the relevant permits, and the market regulation authorities, in reviewing such applications, shall solicit the opinions of their counterparts in the forestry and grassland administration at the same level.

    2. Market regulatory authorities shall conduct routine oversight of inspection and testing institutions through mechanisms such as “double-random, one-public” inspections, targeted supervision, and credit-based regulation. Any violations of laws or regulations discovered shall be investigated and dealt with in accordance with the law, with the outcomes publicly disclosed; where forestry quality‑inspection institutions are involved, the relevant information shall also be promptly shared with the corresponding forestry and grassland administrative department.

    3. The forestry and grassland authorities shall, in accordance with the law, entrust relevant inspection and testing institutions to carry out inspection and testing activities, exercise oversight over such activities, and provide guidance to these institutions to enhance their technical capabilities and management standards. Any violations of laws or regulations discovered shall be promptly reported to the competent market regulation authorities, which shall investigate and impose penalties in accordance with the law.

    19

    Forest trees seed Accreditation of Quality Inspection Agencies

    National Forestry and Grassland Administration, provincial forestry and grassland authorities

    The People’s Republic of China seed Law

    Following the abolition of the licensing requirement, the forestry and grassland authorities and the market regulation authorities shall strengthen oversight through the following measures:

    1. When the State Administration for Market Regulation establishes or revises the准入 requirements for inspection and testing institutions, it shall solicit the opinions of the National Forestry and Grassland Administration, thereby reflecting the forestry and grassland authorities’ position on timber… seed Special access requirements for quality inspection agencies. Newly established or renewed forestry operations. seed Quality inspection agencies shall directly apply to the market regulatory authorities for the relevant permits, and the market regulatory authorities shall solicit the opinions of their counterparts in the forestry and grassland administration when reviewing such applications.

    2. Market regulatory authorities implement routine oversight of inspection and testing institutions through methods such as “double-random, one-public” inspections, targeted supervision, and credit-based regulation. Any violations of laws or regulations discovered shall be investigated and dealt with in accordance with the law, with the outcomes publicly disclosed; this also applies to matters related to timber. seed Quality inspection agencies must also promptly submit the results to the forestry and grassland authorities at the same level.

    3. The forestry and grassland authorities shall, in accordance with the law, entrust relevant inspection and testing institutions to carry out inspection and testing activities, exercise oversight over such activities, and provide guidance to these institutions to enhance their technical capabilities and management standards. Any violations of laws or regulations discovered shall be promptly reported to the competent market regulation authorities, which shall investigate and impose penalties in accordance with the law.

    20

    Accreditation of Grass Seed Quality Inspection Agencies

    Provincial forestry and grassland authorities

    The People’s Republic of China seed Law

    Following the abolition of the licensing requirement, the forestry and grassland authorities and the market regulation authorities shall strengthen oversight through the following measures:

    1. When the State Administration for Market Regulation establishes or revises the准入 requirements for inspection and testing institutions, it shall solicit the views of the National Forestry and Grassland Administration, thereby reflecting the forestry and grassland authorities’ specific准入 requirements for grass seed quality‑testing institutions. Newly established grass seed quality‑testing institutions shall apply directly to the market regulation authorities for the relevant permits, and the market regulation authorities, in reviewing such applications, shall seek the opinions of their counterparts in the forestry and grassland administration at the same level.

    2. Market regulatory authorities shall conduct routine oversight of inspection and testing institutions through mechanisms such as “double-random, one-public” inspections, targeted supervision, and credit-based regulation. Any violations of laws or regulations discovered shall be investigated and dealt with in accordance with the law, with the outcomes publicly disclosed. Where the entities involved are seed‑quality inspection agencies, the relevant information shall also be promptly shared with the corresponding forestry and grassland administrative departments.

    3. The forestry and grassland authorities shall, in accordance with the law, entrust relevant inspection and testing institutions to carry out inspection and testing activities, exercise oversight over such activities, and provide guidance to these institutions to enhance their technical capabilities and management standards. Any violations of laws or regulations discovered shall be promptly reported to the competent market regulation authorities, which shall investigate and impose penalties in accordance with the law.

    21

    Review (Preliminary Examination) of the Import and Export Business License for Grass Seeds

    Provincial forestry and grassland authorities

    The People’s Republic of China seed Law

    Following the abolition of the preliminary review, the forestry and grassland authorities shall strengthen oversight through the following measures:

    1. The National Forestry and Grassland Administration strictly enforces the issuance of import‑export business licenses for grass seeds, has reissued the approval service guide, and is promoting online processing to facilitate business operations.

    2. Implement “double-random, one-public” regulatory inspections, urge seed import and export enterprises to comply with systems for labeling, record-keeping, and quality management, ensure smooth channels for complaints and reports, and, upon identifying any illegal or non-compliant activities, impose lawful penalties and publicly disclose the outcomes.

    3. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, and adopt measures such as differentiated regulatory approaches.

    22

    Approval for Foreigners Entering National-Level Nature Reserves for Environmental Protection

    Provincial forestry and grassland authorities

    Regulations of the People’s Republic of China on Nature Reserves

    Following the abolition of the permit, the forestry and grassland authorities shall strengthen oversight through the following measures:

    1. Strengthen routine oversight of national nature reserves, and guide the management authorities of these reserves in enhancing their supervision of foreign nationals entering the protected areas. Any violations of laws or regulations shall be investigated and prosecuted in accordance with the law, with the outcomes made public; suspected criminal activities shall be promptly referred to the relevant authorities for handling.

    2. Strictly enforce licensing requirements for the hunting of wild animals, the harvesting or collection of wild plants, and the export of wild fauna and flora and their products, to prevent resource depletion.

    23

    Approval for Foreigners Entering National-Level Marine Nature Reserves

    Provincial forestry and grassland authorities

    Regulations of the People’s Republic of China on Nature Reserves

    Following the revocation of the permit, the forestry and grassland authorities and relevant entities shall strengthen oversight through the following measures:

    1. Strengthen routine oversight of national nature reserves, and guide the management authorities of these reserves in enhancing their supervision of foreign nationals entering the protected areas. When foreign nationals are found engaging in illegal or non-compliant activities within national marine nature reserves, the forestry and grassland authorities and the China Coast Guard shall, in accordance with their respective responsibilities, investigate and impose penalties in accordance with the law and publicly disclose the outcomes. Any suspected criminal activities must be promptly referred to the relevant authorities for further handling.

    2. Strictly enforce licensing requirements for the hunting of wild animals, the harvesting or collection of wild plants, and the export of wild fauna and flora and their products, to prevent resource depletion.

    24

    Approval for Foreigners Entering National-Level Fisheries Nature Reserves

    Provincial forestry and grassland authorities

    Regulations of the People’s Republic of China on Nature Reserves

    Following the abolition of the permit, the forestry and grassland authorities shall strengthen oversight through the following measures:

    1. Strengthen routine oversight of national nature reserves, and guide the management authorities of these reserves in enhancing their supervision of foreign nationals entering the protected areas. Any violations of laws or regulations shall be investigated and prosecuted in accordance with the law, with the outcomes made public; suspected criminal activities shall be promptly referred to the relevant authorities for handling.

    2. Strictly enforce licensing requirements for the hunting of wild animals, the harvesting or collection of wild plants, and the export of wild fauna and flora and their products, to prevent resource depletion.

    25

    Preliminary review of the establishment of institutions and the construction of facilities in national nature reserves

    Provincial forestry and grassland authorities

    Measures for the Administration of Nature Reserves of the Forest and Wildlife Type

    Interim Measures for the Examination and Approval of Facility Construction in National Nature Reserves (Order No. 50 of the former State Forestry Administration)

    Following the abolition of the preliminary review, the forestry and grassland authorities shall strengthen oversight through the following measures:

    1. The National Forestry and Grassland Administration strictly enforces approval procedures for establishing institutions and constructing facilities within national nature reserves, and is promoting online processing to facilitate business operations.

    2. The National Forestry and Grassland Administration’s dispatched agencies, provincial forestry and grassland authorities, and national nature reserve management institutions shall intensify random inspections and patrols, ensure smooth channels for complaints and reports, and, upon identifying any illegal or non-compliant activities, impose lawful penalties and publicly disclose the outcomes.

    26

    Non-Commercial General Aviation Registration Approval

    Civil Aviation Administration of China

    Interim Provisions of the State Council on the Administration of General Aviation

    Licensing will be abolished and replaced with a filing system. The civil aviation authorities and relevant departments shall strengthen oversight through the following measures:

    1. Establish and improve the registration system for non‑commercial general aviation. In accordance with the law, rigorously enforce airworthiness certification and nationality registration of aircraft, as well as the management of pilot qualifications, aeronautical station licenses, flight planning, and in‑flight monitoring. Strengthen the safety regulatory framework, refine relevant management systems, advance the development of a low‑altitude flight service support system, and enhance inter‑agency information sharing.

    2. Strengthen oversight through mechanisms such as “double-random, one-public” inspections and targeted regulation, and ensure the effective implementation of the non‑commercial general aviation insurance system. Enhance coordination between civil aviation authorities, air traffic control agencies, and public security organs, and jointly enforce safety supervision of low‑altitude flights. Any violations of laws or regulations shall be investigated and prosecuted in accordance with the law, with the outcomes publicly disclosed.

    3. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, and apply measures such as differentiated regulatory approaches and industry-wide bans.

    27

    Approval of Project Proposals and Feasibility Study Reports for Foreign-Invested Civil Aviation Projects Below the Approval Threshold

    Civil Aviation Administration of China

    Decision of the State Council on Establishing Administrative Licenses for Administrative Approval Items That Must Be Retained

    Following the revocation of the license, the civil aviation authorities and relevant departments shall strengthen oversight through the following measures:

    1. In accordance with the law, strictly implement administrative licensing procedures within the prescribed scope of authority, including the approval and review of new, renovated, and expanded civil transport airports, the issuance of civil airport operating permits, and the granting of operating licenses to public air transport enterprises and general aviation enterprises.

    2. In accordance with the law, conduct security reviews of foreign-invested projects that have or may have an impact on national security, and strictly enforce the special management measures set forth in the “Special Management Measures for Foreign Investment Access (Negative List)” pertaining to foreign investment in civil airports, public air transport companies, general aviation enterprises, airport control towers, and other such entities.

    28

    Approval for the Operation of Domestic Postal and Telecommunications Services

    State Post Bureau, Provincial Postal Administration Authorities

    Decision of the State Council on Establishing Administrative Licenses for Administrative Approval Items That Must Be Retained

    Following the revocation of the license, the postal authorities shall strengthen oversight through the following measures:

    1. Improve the management system for postal enterprises’ entrustment of third-party service providers, urge postal enterprises to fulfill their principal responsibilities, clearly define the scope of business outsourcing, and ensure mail security.

    2. Conduct “double-random, one-public” regulatory inspections through third-party entities entrusted by postal enterprises, ensure smooth channels for complaints and reports, and, upon identifying any illegal or non-compliant activities, impose lawful penalties and publicly disclose the outcomes.

    3. Implement credit-based regulation in accordance with the law, accurately record unlawful and untrustworthy conduct, and, upon identifying serious violations, impose industry-wide bans on the relevant enterprises and individuals as prescribed by law.

    4. Should it become necessary in the future to authorize entities other than China Post Group Corporation to engage in domestic postal and telecommunications services, the State Post Bureau shall handle such matters in accordance with the decisions and arrangements of the CPC Central Committee and the State Council, and shall submit proposals for amending and improving the relevant legal provisions.

    29

    Approval for Qualified Foreign Institutional Investors’ investment quotas, accounts, and fund repatriation, as well as the issuance of foreign exchange registration certificates.

    State Administration of Foreign Exchange

    Decision of the State Council on Establishing Administrative Licenses for Administrative Approval Items That Must Be Retained

    Following the revocation of the license, the foreign exchange authorities shall, in coordination with relevant departments, strengthen oversight through the following measures:

    1. Optimize macroprudential management, explore ways to refine price-based macroprudential tools, and implement counter-cyclical measures to regulate cross-border capital flows.

    2. Strengthen foreign exchange registration and supervision, ensure full‑process traceability of foreign institutional investors’ foreign‑exchange transactions, enhance monitoring and early warning of cross‑border capital flows, refine risk‑response plans, and guard against the risks associated with large‑scale, concentrated abnormal cross‑border capital movements.

    3. Strengthen market monitoring and regulation through inter‑agency coordination, promptly identify and address cross‑market abnormal trading activities, and, in cases of serious violations, impose legally mandated measures such as restricting account trading and limiting fund inflows and outflows. Any illegal or non‑compliant conduct must be investigated and prosecuted in accordance with the law, with the outcomes publicly disclosed.

     

    Attachment 2


    Catalog of Administrative Licensing Items Whose Approval Levels Have Been Delegated by Decision of the State Council
    (A total of 4 items)

     

    Serial number

    Item Name

    Approval

    Department

    Basis for Establishment

    After decentralization

    Approval Department

    Strengthen measures for ongoing and post-event supervision.

    1

    Approval for the export of agricultural wild plants under key national protection, or for the import and export of agricultural wild plants subject to import‑export restrictions under international conventions to which China is a party.

    Ministry of Agriculture and Rural Affairs

    Regulations of the People’s Republic of China on the Protection of Wild Plants

    Provincial agricultural and rural affairs authorities

    Following the devolution of powers, the preliminary review previously conducted by provincial agricultural and rural affairs authorities has been abolished. The agricultural and rural affairs authorities shall strengthen oversight through the following measures:

    1. Provincial agricultural and rural affairs authorities shall strictly enforce licensing requirements and strengthen oversight of the export of nationally protected wild agricultural plants, as well as those wild agricultural plants whose import or export is restricted under international conventions to which China is a party. The Ministry of Agriculture and Rural Affairs shall enhance its guidance and supervision of the relevant work carried out by provincial agricultural and rural affairs authorities.

    2. Strengthen information sharing across departments and administrative levels; provincial agricultural and rural affairs authorities shall promptly transmit licensing information to the Ministry of Agriculture and Rural Affairs, the National Forestry and Grassland Administration (the national authority for the import and export management of endangered species), Customs, and other relevant agencies.

    3. Strengthen law enforcement oversight through mechanisms such as “double-random, one-public” inspections and credit-based regulation; any violations of laws or regulations discovered shall be investigated and prosecuted in accordance with the law, with the outcomes publicly disclosed.

    2

    Approval of Retail Operating Qualifications for Refined Petroleum Products

    Provincial-level commerce authorities

    Decision of the State Council on Establishing Administrative Licenses for Administrative Approval Items That Must Be Retained

    Designated department of the people’s government at the prefecture-level city.

    Following the devolution of powers, the designated department of the prefectural-level people’s government (hereinafter referred to as the “designated department”) shall, in coordination with relevant departments, strengthen oversight through the following measures:

    1. The designated authorities shall rigorously enforce their regulatory responsibilities in the refined petroleum product distribution sector. Retail petroleum enterprises are required to establish a purchase‑and‑sales ledger system and maintain comprehensive records of documentation, including information on fuel sources, inspection reports, and inspection logs. The designated authorities shall conduct “double-random, one-public” inspections, with a particular focus on verifying the establishment and implementation of enterprises’ ledger systems; any violations of laws or regulations shall be addressed in accordance with the law or referred to the relevant departments for investigation and enforcement. Regulatory measures shall be tailored based on enterprises’ integrity and risk profiles, in compliance with applicable laws. Industry associations shall be supported in fulfilling their role in promoting self‑regulation within the sector.

    2. Local governments shall strictly fulfill their responsibilities for local‑level supervision. People’s governments at the prefecture‑level shall establish a cross‑departmental joint regulatory mechanism, and, in line with the spirit of the comprehensive administrative law enforcement reform, coordinate the allocation of administrative penalty powers and enforcement resources to strengthen collaborative oversight. A complaint and reporting system shall be put in place, and regular special inspections of retail petroleum enterprises shall be organized; any violations or illegal acts discovered shall be investigated and dealt with by the relevant departments in accordance with their respective duties and in compliance with laws and regulations. Enterprise credit records shall be established and incorporated into the National Credit Information Sharing Platform, and legally prescribed punitive measures shall be imposed on enterprises that engage in unlawful or untrustworthy conduct.

    3. Relevant departments shall strictly enforce their specialized regulatory responsibilities. Enterprises engaged in the retail sale of refined petroleum products must comply with applicable laws, regulations, and standards pertaining to natural resources, planning, construction, quality and metrology, environmental protection, workplace safety, fire safety, public security and counter-terrorism, commerce, taxation, transportation, and meteorology, and conduct their operations in full accordance with the law. Public security, natural resources, ecological environment, housing and urban–rural development, transportation, commerce, emergency management, taxation, market regulation, and energy authorities shall, within their respective jurisdictions, strengthen oversight in compliance with laws and regulations; those responsible for workplace safety oversight must earnestly fulfill their duties and firmly safeguard the safety baseline.

    4. Strengthen the sharing and application of regulatory information in the retail petroleum products sector. Market regulation authorities shall promptly transmit information on newly registered enterprises whose business scope includes retail petroleum products to the relevant competent departments. The commerce authorities shall forward information on retail petroleum product enterprises that had obtained the requisite permits prior to the reform to the relevant competent departments. Designated authorities shall promptly share with the relevant competent departments information on enterprises found during industry oversight to be operating beyond the scope of their licenses or engaging in unlicensed operations. All relevant competent departments shall make full use of the shared regulatory information to strengthen targeted supervision and law enforcement.

    3

    Approval for changes to the station name, program scope, or number of program packages of county-level radio and television stations.

    State Administration of Radio, Film and Television

    Regulations on the Administration of Radio and Television

    Provincial radio and television authorities

    Following the devolution of powers, the radio and television authorities shall strengthen oversight through the following measures:

    1. Within the prescribed time limit, provincial radio and television authorities shall submit their approval decisions to the National Radio and Television Administration and publicly disclose information on the establishment of county-level radio and television stations and channels within their jurisdictions. The National Radio and Television Administration shall strengthen its guidance and oversight of the work of provincial radio and television authorities.

    2. Enhance technical regulatory measures, implement real-time monitoring of broadcast and television program scheduling, formulate emergency response plans, and promptly address unforeseen incidents.

    3. By means of dual-random inspections, open‑public oversight, and credit‑based regulation, enforcement supervision will be strengthened; any violations of laws or regulations shall be investigated and prosecuted in accordance with the law, and the outcomes shall be made public.

    4

    Issuance of Licenses for the Online Transmission of Audiovisual Programs by Municipal-Level and County-Level Local News Organizations

    State Administration of Radio, Film and Television

    Decision of the State Council on Establishing Administrative Licenses for Administrative Approval Items That Must Be Retained

    Provincial radio and television authorities

    Following the devolution of powers, the radio and television authorities shall strengthen oversight through the following measures:

    1. Establish and improve systems for information sharing on approval procedures, program filing, and reporting of major matters, and bring online audiovisual programs broadcast by local news organizations at the prefecture-level and county levels into the online audiovisual program management system.

    2. Guide and supervise news organizations in establishing and improving systems such as chief editor accountability, pre-broadcast review of programs, and management of the broadcast of important programs. Incorporate relevant programs into monitoring and regulatory platforms at all levels for radio, television, and online audiovisual services, and strengthen content oversight. Any violations that result in major incidents shall be dealt with strictly.

     
    Source: State Council Author: State Council

     

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