(Issued on June 20, 2004 in accordance with Decree No. 4 of the People’s Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality and amended for the second time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

　　Article 1     These Rules are formulated in accordance with the Administrative Licensing Law of the People’s Republic of China (hereinafter referred to as the “Administrative Licensing Law”), on the basis of the actual conditions of this Municipality and with a view to standardizing the administrative licensing acts and boosting law-based administration.

　　Article 2     These Rules shall be applicable to the implementation, supervision and inspection of administrative licensing in this Municipality.

　　Article 3     The municipal judicial authority shall take charge of supervising and guiding the authorities of this Municipality in administrative licensing, and shall take charge of organizing the implementation of these Rules.

　　Judicial authorities of the district people’s governments shall take charge of supervising and guiding the authorities at the same level in administrative licensing.

　　Article 4     The regulations and administrative normative documents of this Municipality shall not be subject to administrative licensing.

　　Where an authority draws up specific measures for the implementation of these Rules according to the Administrative Licensing Law and on the basis of the actual conditions, it shall do so in the form of an administrative normative document, submit such measures to the judicial authority at the same level for review in compliance with requirements stipulated in the Rules of Guangzhou Municipality on the Management of Administrative Normative Documents, and release them to the public. These specific measures shall not make any change to the requirements, procedures or time limits for administrative licensing stipulated in superordinate laws.

　　Article 5     Where a drafter intends to include administrative licensing items in its draft of local regulations, which is subject to review by the municipal people’s government, it shall solicit opinions from all circles of the society in advance by holding hearings and demonstration meetings and other means, and explain the necessity of administrative licensing, the possible impact on the economy and society and the information on the conditions of the adoption of the solicited opinions.

　　Where the municipal judicial authority deems it necessary to hold hearings, the hearings shall be arranged by the municipal legislative affairs research institution.

　　Article 6     The administrative licensing items implemented in accordance with law by this Municipality or its districts as well as the authorities or organizations to exercise the administrative licensing shall be announced by the people’s government at the same level.

　　Article 7     For any administrative licensing item entrusted by an authority to another authority, the entrustment shall be made on the basis of the express provisions of laws, regulations and rules.

　　For any administrative licensing item entrusted by an authority to another authority, a power of attorney for administrative licensing shall be signed between the authorities.

　　The entrusted authority shall, in the name of the entrusting authority, accept, review and make a decision on the application for administrative licensing, and serve the decision to the applicant; the entrusting authority shall bear legal liabilities for the administrative licensing done by the entrusted authority.

　　The entrusted authority shall not entrust another authority or organization to implement the administrative licensing.

　　Article 8     For the convenience of applicants requesting administrative licensing, the authority may entrust another authority with accepting applications for administrative licensing and serving of decisions on such licensing on its behalf. The entrusting authority and the entrusted authority shall sign a document of entrustment for acceptance of applications for administrative licensing.

　　The entrusted authority shall, in the name of the entrusting authority, give to the applicant a written receipt for accepting or not accepting the application for administrative licensing. After accepting the application, the entrusted authority shall be responsible for submitting the application documents to the entrusting authority within the time limit specified in the documents of entrustment and serve on the applicant within the time limit specified in the documents of entrustment the decision on administrative licensing made by the entrusting authority upon the examination of the entrusting authority.

　　The entrusting authority shall bear legal liabilities for the entrusted authority’s handling of the matters entrusted.

　　Article 9     For the convenience of applicants requesting administrative licensing, the authority may entrust an organization with the functions of administering affairs with the collection of application documents for administrative licensing and the serving of the decisions on administrative licensing on its behalf. The entrusting authority and the entrusted organization shall sign a document of entrustment for collection of application documents for administrative licensing.

　　The entrusted organization shall, in the name of the entrusting authority, collect application documents for administrative licensing, and shall be responsible for submitting the application materials collected to the entrusting authority within the time limit specified in the documents of entrustment. After the entrusting authority examines the applications and makes a decision on administrative licensing, the entrusted organization shall be responsible for serving the applicant of the decision on administrative licensing within the time limit specified in the documents of entrustment.

　　The entrusting authority shall bear legal liabilities for the entrusted organization’s handling of the matters entrusted.

　　Article 10   In the document of entrustment for administrative licensing, the document of entrustment for acceptance of application documents for administrative licensing, and the document of entrustment for collection of application documents for administrative licensing, the names, addresses and contact information of the entrusting authority and the entrusted authority or organization, the specific matters entrusted, the time limit of entrustment, and the legal liabilities shall be clearly stated.

　　The documents of entrustment shall be subject to examination and approval by the judicial authority at the same level with the entrusting authority, and be publicized at the office places of the entrusting authority, or the entrusted authority/organization and the public information websites.

　　Article 11    Where an applicant applies for administrative licensing directly to the authority that has entrusted the administrative licensing to another authority or organization, the entrusting authority shall still accept the application, make and serve the decision on administrative licensing according to law.

　　Article 12   Where a matter needs more than one administrative licensing by an authority, or an administrative licensing involves more than one division of one authority, the authority shall designate one division to accept the applications for administrative licensing and serve all the decisions on administrative licensing uniformly.

　　Article 13   The authority for the implementation of administrative licensing, shall publicize the following information at its office places by means of bulletins, booklets of directions, manuals of procedures, electronic touch screens or electronic announcement boards:

　　(1) The legal basis for the administrative licensing of this authority;

　　(2) The items, conditions, quantity, procedures and time limit for the administrative licensing in accordance with the law of this authority;

　　(3) The list of all the documents to be submitted for application for administrative licensing and the model text of the application form.

　　Article 14   An application for administrative licensing may be submitted by letter, telegram, telex, facsimile, electronic data interface (EDI), e-mail, etc.

　　Where the applicant does have difficulties in submitting a written application, he/she may orally request for administrative licensing to the staff of the authority in person, and the staff of the authority shall record the oral application and have it signed or sealed by the applicant for confirmation.

　　Article 15   Except as required by law that the applicant shall file an application for administrative licensing in person at the office of the authority, the applicant may entrust an agent to file an application for administrative licensing. When applying to the competent authority for administrative licensing, the agent shall submit an authorization letter signed or sealed by the applicant as well, which shall specify the agent’s name, granted authority, authorization matters and validity period.

　　Article 16   Where an applicant submits an application for administrative licensing as per the conditions and the number of copies of documents as stipulated by the authority, the authority shall not refuse to accept the applicant’s application on the grounds that the application materials are incomplete or do not conform to the statutory form.

　　If the application materials submitted by the applicant are incomplete or do not conform to the statutory form, supplements or corrections may be performed on the spot, if available; if not available, the authority shall notify the applicant in writing of all the contents that need to be supplemented and corrected on the spot or within 5 working days, unless agreed by the applicant to be informed orally or otherwise. If the notice is not made within the specified time limit, the application shall be deemed as accepted from the date of the receiving of the application materials. If the applicant fails to supplement and correct the materials within the time limit specified by the authority, the authority may make a decision not to accept the application.

　　The authority shall accept the application on the spot if the application materials are complete and conform to the statutory form, or the materials are complete and conform to the statutory form after supplementation and correction. Where any law or regulation has any other provision on the acceptance period, such a provision shall prevail.

　　Article 17   After receiving the application materials submitted by an applicant for administrative licensing, the authority or the organization entrusted to collect the application materials shall issue a written receipt affixed with the special seal of the authority, with the date indicated.

　　Article 18   For the administrative licensing for the following matters, the relevant information shall be announced to the public and a hearing shall be held:

　　(1) Matters that shall be heard as required by laws, regulations and rules;

　　(2) Major administrative licensing matters directly related to public security, public order and other public interests that deemed by the authority as necessary for holding a hearing.

　　The time period from the date of the announcement of the hearing to the date when the hearing moderator announces the conclusion of the hearing shall not be counted in the statutory time limit for the authority to handle the administrative licensing matter.

　　Article 19   When finding during the review on an application for administrative licensing that the administrative licensing matter is under any of the following circumstances directly related to the significant interests of others, the authority shall inform the applicant and interested party that they have the right to request a hearing:

　　(1) Directly related to the personal health and life safety of other citizens;

　　(2) Directly related to the substantial property rights of other citizens, legal persons and other organizations;

　　(3) Other circumstances directly related to the significant interests of the others.

　　When the interested party is confirmed, the authority shall serve the Notice of Hearing to the interested party; if the interested party is not confirmed, the authority shall make an announcement to the public. The applicant and the interested party shall, within 5 working days from receiving the Notice of Hearing or within 30 days from the date of the announcement, submit to the authority a written application for the hearing. Failure to submit a hearing application within the time limit shall be deemed to have waived the right of requesting a hearing. Where an applicant or an interested party applies for a hearing, the authority shall organize a hearing within 20 working days.

　　Where the applicant or the interested party has applied for a hearing, the time period from the date when the authority serves the Notice of Hearing or publishes the announcement to the date when the hearing moderator announces the conclusion of the hearing shall not be counted in the statutory time limit for the authority to handle the administrative licensing matter; where the applicant and the interested party waives the right to request a hearing or fails to make an application for hearing within the time limit, the time period from the date when the authority serves the Notice of Hearing or publishes the announcement to the date when the term for hearing application expires shall not be counted in the statutory time limit for the authority to handle the administrative licensing matter.

　　Article 20   The authority shall, 7 working days in advance of the hearing, announce or notify in writing the applicant and other interested parties of the following matters:

　　(1) The reason for the hearing;

　　(2) The time and place of the hearing;

　　(3) The main procedures of the hearing;

　　(4) Hearing participants and their rights and obligations;

　　(5) Handling of default hearings;

　　(6) The authority that organizes the hearing, the moderator and the recorder of the hearing.

　　Where the applicant or the interested party requests to change the hearing date, it shall submit the request to the authority organizing the hearing three working days in advance of the hearing.

　　Article 21   When a large number of interested parties are involved, the interested parties shall nominate representatives; if it is difficult to elect representatives by the interested parties, the authority may decide the representatives in a fair and open manner.

　　Article 22   The moderator or recorder of the hearing, in any of the following situations, shall be disqualified:

　　(1) Being the reviewer of the application for administrative licensing and the close relatives;

　　(2) Being the applicant, the interested party and the close relatives;

　　(3) Being other persons who are with direct interests in the application for administrative licensing.

　　Where the applicant or the interested party holds that the hearing moderator or recorder has a direct interest in the administrative licensing matter, it has the right to apply for disqualification of the moderator or recorder before the hearing moderator announces the start of the hearing.

　　Where an applicant or an interested party applies for disqualification of the hearing moderator or recorder, the head of the authority organizing the hearing shall decide the qualification of the hearing moderator or recorder.

　　Article 23   The hearing shall be conducted in accordance with the following procedures:

　　(1) The hearing moderator verifies the identities of the hearing participants, announces the discipline of the hearing, and confirms whether the applicant or interested party applies for his/her disqualification;

　　(2) The hearing moderator announces the start of the hearing and explains the reasons for the hearing;

　　(3) The staff member who examines the application for administrative licensing puts forward examination opinions and presents relevant evidence and reasons;

　　(4) The applicant and the interested party state the request and reasons, and present corresponding evidence;

　　(5) The staff member who examines the application for administrative licensing, the applicant and the interested party may defend and cross-examine the relevant evidence;

　　(6) The applicant and interested party make final statements;

　　(7) The hearing moderator announces the conclusion of the hearing.

　　Article 24   A hearing transcript shall be prepared for the hearing, which shall contain the contents of the statements or questions raised by the hearing participants, the instruments and evidence presented, as well as the reasons for the objection declared during the hearing proceedings.

　　Article 25   The hearing transcript shall be made on the spot and signed or sealed by all the hearing participants. Any hearing participant’s refusal to sign or seal the hearing transcript shall be recorded by the hearing recorder.

　　Any hearing participant, in the case of any objection to the contents of the hearing transcript, shall raise it immediately. If the hearing host decides that the objection is justified, the hearing recorder shall make corrections or supplements; if the hearing host decides that the objection is not justified, the hearing recorder shall clearly record the objection.

　　Article 26   The hearing applicant’s failure to attend the hearing without justifiable reasons shall be deemed as its waiver of the right to attend the hearing.

　　Article 27   For an application for the administrative licensing subject to a hearing, when the authority makes a decision on administrative licensing, the cross-examined and confirmed evidence recorded in the hearing transcript shall be served as the factual bases.

　　Article 28   In terms of administrative licensing for the following matters, the authority shall make a decision by bidding, auction or other fair competition means, unless otherwise provided by laws and administrative regulations:

　　(1) The development and utilization of limited natural resources such as land, minerals, forests, rivers, mountains, wasteland, tidal flats, sea areas, radio frequencies, etc.;

　　(2) The allocation of public resources such as taxi operation rights, bus operation rights, dock operation rights, public traffic line management rights, etc.;

　　(3) The market access to specific industries directly related to public interests, including gas production and operation, tap water production and operation, sewage treatment, etc.;

　　(4) Other matters that confer specific rights to citizens, legal persons or other organizations with quantity limits.

　　Article 29   When an authority makes a decision on administrative licensing based on the inspection, testing and quarantine results, the authority shall publish the statutory inspection, testing and quarantine standards and the list of professional technical organizations that meet the statutory conditions to carry out the inspection, testing and quarantine and the roster of relevant staff members.

　　If there are errors occurred in the inspection, testing and quarantine conclusions, the authority shall publish on its public information website the error information and the list of professional organizations and relevant personnel conducting the inspection, testing and quarantine. Professional technical organizations and relevant personnel who conduct the inspection, testing and quarantine shall bear legal responsibilities according to law.

　　Article 30   The authority shall, in strict accordance with the Administrative Licensing Law, perform the duties of supervising and inspecting the licensing activities on the administrative licensing items launched by licensees.

　　The authority shall set up an institution to receive reports from the public on illegally engaging in administrative licensing items, and announce to the public the acceptance institution, telephone number for reporting, and other required information. After receiving a report, the authority shall verify and handle it in a timely manner and inform the informer of the handling progress.

　　Article 31   Except for the annual review, annual inspection and other periodic inspection and review measures stipulated by laws and administrative regulations, the authority shall not conduct any annual review, annual inspection or other periodic inspection or review of the existing administrative licensing.

　　No authority may take advantage of the annual review, annual inspection or other periodic inspections and examinations to set or implement administrative licensing in disguised forms.

　　Article 32   The authorities shall implement the administrative licensing according to law. An applicant or interested party, when believing that any authority fails to conduct administrative licensing according to law, may file a complaint with the authority, its superior authority or the judicial authority, or apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.

　　Article 33   An authority shall establish and improve an administrative licensing complaint system, designate a special institution dedicated for accepting and handling complaints about the administrative licensing acts of its own, and publish the designated institution and its telephone number.

　　Upon acceptance of a written real-name complaint, the authority shall issue to the complainant a written receipt of acceptance.

　　The authority shall investigate and handle the complaint, and notify the complainant in writing of the handling opinions within 20 working days from the date of acceptance. Under special circumstances where the time limit needs to be extended, the extension shall be approved by the head of the authority and be notified to the complainant.

　　Article 34   The municipal and district judicial authorities shall be responsible for accepting complaints from citizens, legal persons or other organizations regarding the administrative licensing acts carried out by the authorities at the same level.

　　The municipal and district judicial authorities accepting a written real-name complaint shall issue to the complainant a written receipt of acceptance.

　　The municipal and district judicial authorities shall investigate and handle the complaint, and notify the complainant in writing of the handling opinions within 20 working days from the date of acceptance. Under special circumstances where the time limit needs to be extended, the extension shall be approved by the head of the authority and be notified to the complainant.

　　Article 35   The municipal and district judicial authorities may inspect the administrative licensing by the authorities at the same level.

　　Article 36   When the municipal or district judicial authority conducts inspections and investigations on the administrative licensing by authorities, the authorities shall provide relevant information truthfully; for any authority failing to provide relevant information truthfully or obstructing the inspections and investigations, the judicial authority shall report it to the people’s government at the same level for criticism.

　　Article 37   Where the municipal or district judicial authority finds an authority at the same level that fails to conduct administrative licensing according to law, it shall order the authority to make corrections; if the authority refuses to make corrections, the judicial authority shall report it to the people’s government at the same level for criticism, and the competent authority shall order it to make corrections and impose sanctions on the person in charge responsible and other persons directly responsible.

　　Article 38   Any authority entitled to administrative licensing shall, in the first quarter of each year, report to the judicial authority at the same level its administrative licensing conditions in the previous year, including the application, implementation and licensing of administrative licensing items, the complaints, the application for administrative reconsideration, the administrative lawsuit brought and corresponding judgments, and shall publish the information on its public information website.

　　The municipal legislative affairs research authority is responsible for analyzing and researching the administrative licensing by the authorities of this Municipality, and putting forward opinions and suggestions.

　　Article 39   Citizens, legal persons and other organizations may submit opinions and suggestions on the establishment and implementation of administrative licensing items to the municipal or district judicial authority.

　　Article 40   The judicial authority shall, in accordance with laws, regulations and the provisions of the superior authorities, perform clearance of the administrative licensing items, and announce to the public the result of the clearance.

　　Article 41   Organizations authorized by laws and regulations to implement administrative licensing shall be governed by the provisions herein regarding the relevant authorities.

　　Article 42   These Rules shall come into force on July 1, 2004.