State Council, Circular on Strictly Controlling the Establishment of New Administrative Permissions

(2) With respect to matters concerning the assessment of the skill level of personnel, administrative permissions may not be established except for professions involving the provision of public services that have a direct connection to the public interest, require the possession of a special reputation or special skills or the satisfaction of special conditions and the establishment of administrative permissions is genuinely required.

(3) With respect to matters genuinely requiring the establishment of corporate or individual qualifications, in principle, only basic qualifications may be established.

(4) Where a matter for which intermediary firms act as agent ultimately requires the permission of an administrative authority or an organisation authorised by law or administrative regulations, no administrative permissions may be established for the intermediary firms.

(5) Where an administrative permission is implemented for a product, no administrative permission may be established for the enterprises producing such product, except where such product has a bearing on human health or the safety of human life or property.

(6) Where administrative objectives can be achieved by establishing an administrative permission for a category of product, administrative permissions may not be established for the sub-categories of the product. Where administrative permissions genuinely need to be established for the sub-categories of a product, administration by catalogue shall be implemented.

(7) Where a law, a set of administrative regulations or a State Council decision specifies that administration of a product or activity for which an administrative permission is required is to be implemented by catalogue, the formulation and revision of such catalogue shall be submitted to the State Council for approval.

(8) If a draft law or a set of draft administrative regulations proposes the establishment of an administrative permission for production or business operational activities, and the same is directly targeted at the general public, the quantity is large and coverage broad, or would be more convenient and effective if implemented at the local level, it may not specify a State Council department as the authority implementing the administrative permission.

(9) Where a matter can be solved by strictly implementing existing administrative means and measures, an administrative permission may not be established therefor.

(10) Where a matter can be effectively administered through technical standards or administrative guidelines, an administrative permission may not be established therefor.

(11) Where the implementation of an administrative permission by an administrative authority can solve a certain matter, an administrative permission to be implemented by another administrative authority may not be established. Where a matter can be solved by an administrative authority seeking, in the course of its implementation of an administrative permission, the opinion of another administrative authority, a new administrative permission may not be established.

(12) Where the establishment of an administrative permission at a particular administrative stage can solve a certain matter, separate administrative permissions may not be established at multiple administrative stages.

(13) Where a matter can be solved by amending the provisions on an administrative permission in a current law or a set of administrative regulations, a new administrative permission may not be established.

(14) Where a current law provides for specific administrative means and measures but does not establish an administrative permission, an administrative permission may not be established when drafting a set of draft implementation-type or complementary administrative regulations.

(15) The specific provisions set forth in a set of draft administrative regulations for the purposes of implementing an administrative permission established by a law may not establish additional administrative permissions; and the specific provisions set forth for the conditions of the administrative permission may not add other conditions that violate the law.

(16) The regulations and regulatory documents of State Council departments may not establish administrative permissions or establish administrative permissions in a disguised manner in forms such as record filing, registration, annual inspection, supervision of production, recognition, certification or review, or establish administrative permissions under the guise of non-administrative permission approvals.

Unless otherwise provided in a law or administrative statute, no fees may be set for the implementation of an administrative permission by, or the conduct of monitoring inspections of the engagement by the permitted party in the administrative permitted activities by, an administrative authority; nor may fees be charged in a disguised manner on the grounds of implementation of an administrative permission.