PRC Regulations for the Administration of Industrial Product Production Permits

Article 2: The state subjects producers of the following important industrial products to a production permit system:

(1) processed foodstuffs that have a direct connection with human health, such as dairy products, meat products, beverages, rice, noodles, edible oils, alcoholic beverages, etc.;

(2) products that may threaten the safety of the person or property, such as electric blankets, pressure cookers, gas water heaters, etc.;

(3) products that have a connection with finance security and communications quality and security, such as fiscal cash registers, anti-counterfeiting bill scanners, satellite television broadcast ground receiving equipment, wireless radio and television transmission equipment, etc.;

(4) labour safety protection products, such as safety nets, safety helmets, construction fasteners, etc.;

(5) products that affect work safety and public safety, such as electric pylons, bridge supports, railway industrial products, hydraulic metal structures, hazardous chemicals and their packaging and containers, etc.; and

(6) other products that laws and administrative regulations require be subject to production permits in accordance with these Regulations.

Article 3: The Catalogue of industrial products subject to the state's production permit system (the Catalogue) shall be formulated by the State Council's industrial product production permit department together with the relevant departments of the State Council, which shall seek the opinions of consumers' associations and of the industry associations for the relevant products and, after the approval of the State Council, make such Catalogue public.

Industrial products whose quality and safety can effectively be assured by the judgment of consumers themselves, enterprise self-regulation and market competition shall not be subject to the production permit system.

Industrial products whose quality and safety can effectively be assured through a certification and accreditation system shall not be subject to the production permit system.

As appropriate, the State Council's industrial product production permit department together with the relevant departments of the State Council shall evaluate, revise and progressively shorten the Catalogue and, after the approval of the State Council, make the same public.

Article 4: These Regulations shall be complied with when producing, selling or, in the course of business activities, using products listed in the Catalogue in the People's Republic of China.

The administration of the import and export of products listed in the Catalogue shall be handled in accordance with laws, administrative regulations and relevant state provisions.

Article 5: No enterprise that has not obtained a production permit may produce the products listed in the Catalogue. No work unit or individual may sell or, in the course of business activities, use a product that is listed in the Catalogue and for which a production permit has not been obtained.

Article 6: The State Council's industrial product production permit department shall be responsible for the centralized administration of industrial product production permits nationwide in accordance with these Regulations and the competent local industrial product production permit departments at the county level and above shall be responsible for the administration of industrial product production permits within their jurisdictions.

With respect to industrial products subject to the industrial product production permit system, the state shall place them in a single Catalogue, make them subject to uniform examination requirements, use uniform certificates and marks and subject them to uniform oversight.

Article 7: The administration of industrial product production permits shall conform with the principles of objectivity, impartiality, transparency, lawful procedure, convenience to the public and high efficiency.

Article 8: Competent industrial product production permit departments at the county level and above and their personnel, as well as inspection institutions and their personnel, shall bear an obligation of maintaining the confidentiality of the state secrets and trade secrets that they learn.

PART TWO: APPLICATION AND ACCEPTANCE

Article 9: To obtain a production permit, an enterprise shall satisfy the following conditions:

(1) having a business licence;

(2) having the professional technicians appropriate for the products that it is to produce;

(3) having the production resources and inspection and quarantine measures appropriate for the products that it is to produce;

(4) having the technical documents and process documents appropriate for the products that it is to produce;

(5) having a sound and efficient quality control system and responsibility system;

(6) having products that comply with the requirements of relevant state standards and industry standards and of assuring human health and the safety of the person and property; and

(7) complying with state industrial policy and not using obsolete processes that the state has ordered be eliminated and has prohibited the investment in and use of, not consuming large amounts of energy, not causing environmental pollution and not wasting resources.

If laws or administrative regulations have additional provisions, the enterprise shall also comply with such provisions.

Article 10: The State Council's industrial product production permit department shall formulate and issue the specific requirements for obtaining production permits for the products listed in the Catalogue based on the conditions set forth in Article 9 hereof and on the different characteristics of different industrial products. If special provisions on the specific requirements for the production permit for a product listed in the Catalogue need to be made, the State Council's industrial product production permit department shall formulate and issue the same together with relevant State Council departments.

When formulating the specific requirements for production permits for products listed in the Catalogue, the opinions of consumers' associations and of the industry associations for the relevant products shall be sought.

Article 11: If an enterprise wishes to produce a product listed in the Catalogue, it shall apply for and obtain a production permit from the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government where the enterprise is located.

If a product currently being produced by an enterprise is listed in the Catalogue, the enterprise shall apply for and obtain a production permit within the period of time specified by the State Council's industrial product production permit department.

An enterprise's application may be submitted by letter, telegram, telex, facsimile, electronic data interchange or e-mail, etc.

Article 12: Once the competent industrial product production permit department of a province, autonomous region or municipality directly under the central government receives an application from an enterprise, it shall handle the same in accordance with the relevant provisions of the PRC Administrative Licensing Law.

Article 13: Neither the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government or any other work unit may add any other conditions and restrict an enterprise from applying for a production permit.

PART THREE: EXAMINATION AND DECISION

Article 14: Once the competent industrial product production permit department of a province, autonomous region or municipality directly under the central government has accepted the application of an enterprise, it shall arrange for an examination of the enterprise to be conducted. If, pursuant to the specific requirements for a production permit for a product listed in the Catalogue, the State Council's industrial product production permit department is required to make the arrangements for conducting the examination of the enterprise, the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government shall forward all of the application materials to the State Council's industrial product production permit department within five days of the date of acceptance of the enterprise's application.

The examination of an enterprise shall consist of an on-the-spot check of the enterprise and an inspection of its products.

Article 15: To conduct an on-the-spot check of an enterprise, the State Council's industrial product production permit department or the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government shall assign two to four checkers, and the enterprise shall cooperate with them.

Article 16: Checkers shall have passed the evaluation organized by the State Council's industrial product production permit department and obtained a checker's permit, only after which may they engage in such checking work.

Article 17: The inspectors shall conduct the on-the-spot check of the enterprise based on the conditions set forth in Article 9 hereof and the specific requirements for the production permit for the product listed in the Catalogue.

When conducting the on-the-spot check of the enterprise, the checkers may not deliberately make things difficult for the enterprise, or solicit or accept property from the enterprise or seek other improper benefits.

Article 18: The State Council's industrial product production permit department or the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government shall inform the enterprise of the results of the on-the-spot check in writing within 30 days of the date of its acceptance of the application. If the enterprise fails the check, it shall be informed of the reason.

Article 19: The product inspection shall be conducted promptly after an enterprise has passed the on-the-spot check. If samples need to be sent for inspection, the checkers shall seal the samples and inform the enterprise to send them to a qualified inspection institution within seven days. If an onsite inspection is required, the checkers shall notify the inspection institution to conduct the onsite inspection.

Article 20: The inspection institution shall conduct the product inspection in accordance with relevant state standards and requirements and complete the same within the prescribed period of time.

The inspection institution and inspectors shall issue an objective and impartial inspection report in a timely manner. Once the inspection report has been signed by the inspectors, it shall be signed by the person in charge of the inspection institution. The inspection institution and inspectors shall be liable for the inspection report.

Article 21: When conducting a product inspection, an inspection institution and its inspectors shall comply with the principles of good faith and making things convenient for the enterprise, provide the enterprise with a reliable and convenient inspection service and may not delay or deliberately make things difficult for the enterprise.

Article 22: Inspection institutions and inspectors may not engage in production and sales activities relating to the products listed in the Catalogue that they inspect. They may not use their names to recommend a product listed in the Catalogue that they inspect or have the same manufactured or sold under their supervision.

Article 23: If the examination of an enterprise was arranged by the competent industrial product production permit department of a province, autonomous region or municipality directly under the central government, it shall forward its comments on the examination and all of the application materials to the State Council's industrial product production permit department after completing its examination.

Article 24: The State Council's industrial product production permit department shall render its decision on whether or not to grant permission within 60 days of the date of accepting an enterprise's application. If it renders a decision granting permission, it shall issue the enterprise an industrial product production permit certificate (a Certificate) within 10 days of the date of rendering its decision. If it withholds permission, it shall notify the enterprise thereof in writing and explain the reason therefor.

The time required by the inspection institution to conduct the product inspection shall not be counted as part of the aforementioned time limits.

The State Council's industrial product production permit department shall promptly inform such departments as the State Council's reform and development department, health department, industry and commerce department, etc. concerning its decision to grant permission for a relevant product.

Article 25: A production permit shall be valid for five years, with the exception of the production permits of foodstuff processing enterprises, which shall be valid for three years. If at the expiration of a production permit an enterprise wishes to continue production, it shall submit an application for a replacement certificate to the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government where it is located six months prior to the expiration of the production permit. The State Council's industrial product production permit department or the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government shall conduct an examination of the enterprise by the procedures specified in these Regulations.

Article 26: If the standards and requirements for a product are changed during the term of a production permit, the State Council's industrial product production permit department or the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government may arrange for new checks of the concerned enterprises and inspections of their products in accordance with these Regulations.

If an enterprise's production resources, inspection measures, production technology or process change during the term of its production permit, it shall promptly submit an application to the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government where it is located, and the State Council's industrial product production permit department or the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government shall arrange for a new check of the enterprise and inspection of its products in accordance with these Regulations.

Article 27: If the State Council's industrial product production permit department considers it necessary to conduct a hearing on material permit particulars that involve the public interest, it shall make a public announcement to that effect and hold the hearing.

The decisions to grant permission rendered by the State Council's industrial product production permit department shall be made public.

The State Council's industrial product production permit department and the competent industrial product production permit departments of the provinces, autonomous regions and municipalities directly under the central government shall place the relevant materials from the handling of production permit applications on file, and the public shall have the right to review the same.

PART FOUR: CERTIFICATE AND MARK

Article 28: Certificates shall consist of the original and duplicates. A Certificate shall state such relevant particulars as the enterprise's name, domicile, production address and product name, as well as the certificate number, issuance date and term.

The format of the Certificates shall be prescribed by the State Council's industrial product production permit department.

Article 29: If the name of an enterprise changes, the enterprise shall submit an application to the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government where it is located and carry out the procedures for the change.

Article 30: An enterprise shall duly keep its Certificate. If its Certificate is lost or damaged, it shall apply for a replacement. The competent industrial product production permit department of the province, autonomous region or municipality directly under the central government where the enterprise is located shall promptly accept the application and carry out the procedures for the replacement.

Article 31: If an enterprise ceases the production of a product listed in the Catalogue during the term of its production permit, it shall carry out the procedures to cancel such permit. If an enterprise fails to carry out the cancellation procedures, the State Council's industrial product production permit department shall cancel its production permit and announce the same.

Article 32: The production permit marks and samples thereof shall be prescribed by the State Council's industrial product production permit department and made public.

Article 33: An enterprise shall mark its production permit mark and number on its products or their packaging and the instructions therefor.

For bare foodstuffs and other bare products on which, due to the characteristics of the product, it is difficult to place the mark, it is permissible not to indicate the product permit mark and number.

Article 34: Enterprises that sell or, in the course of business activities, use products listed in the Catalogue shall verify the products' production permit marks and numbers.

Article 35: No unit or individual may counterfeit or alter Certificates, production permit marks or numbers. An enterprise that has obtained a production permit may not lease, lend or otherwise transfer its Certificate or production permit mark.

PART FIVE: SUPERVISORY INSPECTIONS

Article 36: The State Council's industrial product production permit department and the competent local industrial product production permit departments at the county level and above shall be responsible for conducting in accordance with these Regulations supervisory inspections of enterprises that produce products listed in the Catalogue and the relevant activities of checkers, inspection institutions and their inspectors.

The State Council's industrial product production permit department shall supervise the production permit administration work of the competent local industrial product production permit departments at the county level and above.

Article 37: A competent industrial product production permit department at the county level or above shall investigate and handle a suspected violation of these Regulations based on the evidence of the suspected violation already obtained or a report and may exercise the following functions and powers while doing so:

(1) investigating and obtaining information on the suspected engagement in activities that violate these Regulations from the legal representative, principal person in charge and other related personnel of the relevant work unit that produces, sells or, in the course of business activities, uses a product listed in the Catalogue or of the inspection institution;

(2) reviewing and reproducing the relevant contracts, invoices, accounts and other related information of the relevant work unit that produces, sells or, in the course of business activities, uses a product listed in the Catalogue or of the inspection institution;

(3) placing under seal or impounding products listed in the Catalogue for which there is evidence that they have been produced, sold or, in the course of business activities, used in violation of these Regulations.

When an administration for industry and commerce at the county level or above investigates and handles a suspected violation of these Regulations in accordance with the law, it may also exercise the functions and powers set forth in the preceding paragraph.

Article 38: An enterprise shall ensure that the quality of its products is stable and compliant and shall regularly submit reports to the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government. It shall be liable for the truthfulness of its reports.

Article 39: The State Council's industrial product production permit department and the competent local industrial product production permit departments at the county level and above shall conduct regular or ad hoc supervisory inspections of enterprises. If a product needs to be inspected, the same shall be handled in accordance with the relevant provisions of the PRC Product Quality Law.

When a supervisory inspection or a product inspection is conducted, there shall be at least two members of the department's working personnel participating and they shall present their credentials.

Article 40: When conducting a supervisory inspection, the State Council's industrial product production permit department or the competent local industrial product production permit department at the county level or above may not interfere with the normal production and business activities of the enterprise, may not solicit or accept property from the enterprise or seek other benefits.

Article 41: When conducting, in accordance with the law, a supervisory inspection, the State Council's industrial product production permit department or the competent local industrial product production permit department at the county level or above shall make a record of the supervisory inspection and the handling thereof, which shall be placed on file after it is signed by the persons who conducted the supervisory inspection. The public has the right to review such supervisory inspection records.

Article 42: The State Council's industrial product production permit department shall, through the review of inspection reports, comparison of inspection conclusions and other such means, conduct supervisory inspections to determine whether the inspection procedures and inspection reports of inspection institutions are objective, impartial and timely in nature.

Article 43: If a checker, an inspection institution or any of its inspectors deliberately makes things difficult for an enterprise, the enterprise has the right to make a complaint to the State Council's industrial product production permit department or the competent local industrial product production permit department at the county level or above. The State Council's industrial product production permit department or the competent local industrial product production permit department at the county level or above shall promptly investigate and handle the matter after receipt of the complaint.

Article 44: Any work unit or individual has the right to report violations of these Regulations to the State Council's industrial product production permit department or the competent local industrial product production permit department at the county level or above. The State Council's industrial product production permit department or the competent local industrial product production permit department at the county level or above shall promptly investigate and handle the matter after receipt of the report and ensure the confidentiality of the party that made the report.

PART SIX: LEGAL LIABILITY

Article 45: If an enterprise produces a product listed in the Catalogue without applying for and obtaining a product permit in accordance with these Regulations, the competent industrial product production permit department shall order it to halt production, confiscate the illegally produced products and fine it not less than the monetary value and not more than three times the monetary value of the illegally produced products; if there is illegal income, such illegal income shall be confiscated; if a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

Article 46: If the production resources, inspection measures, production technology or process of an enterprise that has obtained a production permit change and it fails to carry out the procedures for a new examination in accordance with these Regulations, it shall be ordered to halt production and sales, the products produced and to be sold shall be confiscated and it shall carry out the relevant procedures within a specified period of time. If it fails to carry out the procedures within the specified period of time, it shall be fined not more than three times the monetary value of the illegally produced and sold products (here and hereinafter including both those that have been sold and those not yet sold); if there is illegal income, such illegal income shall be confiscated; if a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

If the name of an enterprise that has obtained a production permit changes and it fails to carry out the procedures for the change in accordance with these Regulations, it shall be ordered to carry out the relevant procedures within a specified period of time; if it fails to do so within the specified period of time, it shall be ordered to halt production and sale, the illegally produced and sold products shall be confiscated and it shall be fined not more than the monetary value of the illegally produced and sold products; if there is illegal income, such illegal income shall be confiscated.

Article 47: If an enterprise that has obtained a production permit fails to mark its production permit mark and number on its products, their packaging or their instructions in accordance with these Regulations, it shall be ordered to rectify the matter within a specified period of time. If it fails to rectify the matter within the specified period of time, it shall be fined not more than 30% of the monetary value of the illegally produced and sold products; if there is illegal income, such illegal income shall be confiscated; if the circumstances are serious, its production permit shall be revoked.

Article 48: If products listed in the Catalogue for which a production permit has not been obtained are sold or, in the course of business activities, used, the perpetrator shall be ordered to rectify the matter and fined not less than Rmb50,000 and not more than Rmb200,000; if there is illegal income, such illegal income shall be confiscated; if a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

Article 49: If an enterprise that has obtained a production permit leases, lends or otherwise transfers its Certificate, production permit mark or number, it shall be ordered to rectify the matter within a specified period of time and fined not more than Rmb200,000; if the circumstances are serious, its production permit shall be revoked. If a party illegally accepts and uses the Certificate, production permit mark or number provided by another, it shall be ordered to halt production and sale, its illegally produced and sold products shall be confiscated and it shall be fined not less than the monetary value and not more than three times the monetary value of the illegally produced and sold products; if there is illegal income, such illegal income shall be confiscated; if a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

Article 50: If sealed or impounded property is employed, replaced or relocated without authorization or damaged, the perpetrator shall be ordered to rectify the matter and fined not less than 5% and not more than 20% of the value of the property that was employed, replaced, relocated or damaged. If the perpetrator refuses to rectify the matter, it shall be fined not less than the value and not more than three times the value of the property that was employed, replaced, relocated or damaged.

Article 51: If a Certificate, production permit mark or number is counterfeited or altered, the perpetrator shall be ordered to rectify the matter, its illegally produced and sold products shall be confiscated and it shall be fined not less than the monetary value and not more than three times the monetary value of the illegally produced and sold products; if there is illegal income, such illegal income shall be confiscated; if a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

Article 52: If an enterprise obtains a production permit through fraud, bribery or other such improper means, the competent industrial product production permit department shall fine it not more than Rmb200,000, and handle the matter in accordance with the relevant provisions of the PRC Administrative Licensing Law.

Article 53: If an enterprise that has obtained a production permit fails to submit regular reports to the competent industrial product production permit department of the province, autonomous region or municipality directly under the central government in accordance with these Regulations, such department shall order it to rectify the matter within a specified period of time; if it fails to rectify the matter within the specified period of time, it shall be fined not more than Rmb5,000.

Article 54: If in a state product quality supervisory spot check or provincial level supervisory spot check a product for which a production permit has been obtained is found to be non-compliant, the competent industrial product production permit department shall order rectification within a specified period of time. If the product is still found non-compliant in a recheck conducted at the end of the specified period of time, the producer's production permit shall be revoked.

Article 55: If an enterprise has its production permit revoked, it may not apply for a production permit for the same product listed in the Catalogue for a period of three years.

Article 56: If an inspection institution responsible for the inspection of products for which permits are issued falsifies its inspection conclusions or issues false supporting documentation, it shall be ordered to rectify the matter by the competent industrial product production permit department, fined not less than Rmb50,000 and not more than Rmb200,000 and the person directly in charge and other persons directly responsible shall be fined not less than Rmb10,000 and not more than Rmb50,000; if there is illegal income, such illegal income shall be confiscated; if the circumstances are serious, the inspection institution's inspection qualifications shall be revoked; if a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

Article 57: If an inspection institution or one of its inspectors engages in production and sales activities relating to the products listed in the Catalogue that it/he/she inspects, or if it/he/she uses its/his/her name to recommend a product listed in the Catalogue that it/he/she inspects or has such product manufactured or sold under its/his/her supervision, the competent industrial product production permit department shall fine it not less than Rmb20,000 and not more than Rmb100,000; if there is illegal income, such illegal income shall be confiscated; if the circumstances are serious, the inspection institution's or inspector's inspection qualifications shall be revoked.

Article 58: If an inspection institution or one of its inspectors deliberately makes things difficult for an enterprise during an inspection, the competent industrial product production permit department shall order it/him/her to rectify the matter. If it/he/she refuses to rectify the matter, its/his/her inspection qualifications shall be revoked.

Article 59: If a competent local industrial product production permit department at the county level or above violates these Regulations by making products other than those listed in the Catalogue subject to production permits, it shall be ordered to rectify the matter by the State Council's industrial product production permit department, or the State Council's industrial product production permit department shall revoke such act in accordance with the law.

Article 60: If a competent industrial product production permit department or a member of its working personnel violates these Regulations by committing any of the acts set forth below, it/he/she shall be ordered to rectify the matter by the administrative authority or supervisory authority at the next higher level; if the circumstances are serious, the person directly in charge and other directly responsible persons shall be subjected to administrative penalties in accordance with the law:

(1) it/he/she refuses to accept an application that complies with the conditions specified in these Regulations;

(2) it fails to display on its office premises materials it is required to display in accordance with the law;

(3) in the course of accepting an application, conducting the examination or rendering the decision, it/he/she fails to perform its/his/her obligation to notify the applicant and/or materially interested party in accordance with the law;

(4) if the application materials submitted by an applicant are incomplete or not in compliance with the statutory format, it/he/she fails to inform the applicant one time as to all the materials that are required or must be corrected;

(5) it/he/she fails to explain, in accordance with the law, the reason for refusing to accept an application or refusing to grant a permit; or

(6) it fails to hold a hearing where such a hearing is required under these Regulations and the PRC Administrative Licensing Law.

Article 61: If a member of the working personnel of a competent industrial product production permit department solicits or accepts another's property or seeks other benefits when carrying out the procedures for an industrial product production permit or when conducting a supervisory inspection and such act constitutes a criminal offence, his legal liability shall be pursued in accordance with the law; if a criminal offence is not constituted, he shall be subjected to administrative penalties in accordance with the law.

Article 62: If a competent industrial product production permit department commits any of the acts set forth below, it shall be ordered to rectify the matter by its administrative authority, supervisory authority or relevant authority at the next higher level and matters shall be dealt with in accordance with the law; the person directly in charge and other directly responsible persons shall be subjected to the administrative penalties of demotion or dismissal in accordance with the law; if a criminal offence is constituted, criminal liability shall be pursued in accordance with the law:

(1) it grants permission to an applicant that does not satisfy the conditions specified in these Regulations or renders a decision to grant permission ultra vires;

(2) it fails to grant permission to an applicant that satisfies the conditions specified in these Regulations or fails to render its decision to grant permission within the statutory period of time;

(3) it discovers that a producer is producing products listed in the Catalogue without having applied for and obtained a production permit in accordance with these Regulations, but fails to promptly investigate and handle the matter in accordance with the law;

(4) it discovers that the inspection reports or inspection conclusions of an inspection institution seriously misstate the facts but fails to promptly investigate and handle the matter in accordance with the law; or

(5) it violates laws, administrative regulations or these Regulations by the arbitrary charging of fees.

Article 63: If a competent industrial product production permit department imposes permissions in violation of the law, harming the lawful rights and interests of concerned parties, it shall pay compensation in accordance with the PRC State Compensation Law.

Article 64: If a competent industrial product production permit department fails to perform its supervisory duties in accordance with the law or is lax in its supervision, thereby causing serious consequences, it shall be ordered to rectify the matter by its administrative authority or supervisory authority at the next higher level and its person directly in charge and other directly responsible persons shall be subjected to administrative penalties in accordance with the law; if a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

Article 65: The decision of imposing the administrative punishment of revoking a production permit specified in these Regulations shall be made by the competent industrial product production permit department. The competent industrial product production permit department shall promptly notify such departments as the development and reform department, health department, administration for industry and commerce, etc. of its decisions to revoke production permits for relevant products.

The administrative punishments specified in Articles 46 to 51 hereof shall be decided by the competent industrial product production permit department or administration for industry and commerce within the scopes of their authority specified by the State Council. If laws or administrative regulations provide otherwise concerning the government authority that is to exercise the power to impose administrative punishments, matters shall be handled in accordance with the relevant laws or administrative regulations.

PART SEVEN: SUPPLEMENTARY PROVISIONS

Article 66: If laws or administrative regulations provide otherwise in respect of the administration of industrial products, such provisions shall prevail.

Article 67: The fee items charged by the State Council's industrial product production permit department and the competent industrial product production permit departments of the provinces, autonomous regions and municipalities directly under the central government in connection with carrying out the procedures for industrial product production permits shall be handled in accordance with the relevant provisions of the State Council's finance department and pricing department. The fee rates for industrial product production permits shall be handled in accordance with the relevant provisions of the State Council's pricing department and finance department and shall be publicly available and transparent. All fees charged must be paid into the state treasury and may not be retained, misappropriated, privately apportioned or privately apportioned in disguised form. The finance department may not return in any form or return in disguised form any of the fees charged.

Article 68: As required, the industrial product production permit departments of the provinces, autonomous regions and municipalities directly under the central government may be assigned responsibility for conducting the examinations and issuing the production permits for certain products listed in the Catalogue. The specific measures therefor shall be formulated separately by the State Council's industrial product production permit department.

Article 69: If a family proprietor produces or sells products listed in the Catalogue, matters shall be handled in accordance with these Regulations.

Article 70: These Regulations shall be effective as of September 1 2005. The Trial Regulations for Industrial Product Production Permits promulgated by the State Council on April 7 1984 shall be repealed simultaneously.