Laws of the People's Republic of China

Circular of the State Administration of Quality Supervision, Inspection and Quarantine concerning Printing and Distributing the "Interim Measures for Administrating the Government Affairs Hall of the State Administration of Quality Supervision, Inspection and Quarantine"

Guo Zhi Jian Ban [2006] No. 430

Certification and Accreditation Commission of China, Standardization Commission of China, each department, bureau, directly subordinated or affiliated entity of SAQSIQ:

We have printed the "Interim Measures for Administrating of the Government Affairs Hall of the State Administration of Quality Supervision, Inspection and Quarantine" and hereby distribute them to you. Please abide hereby.

The State Administration of Quality Supervision, Inspection and Quarantine

September 28,2006 Appendix: Interim Measures for the Administration of the Government Affairs Hall of the State Administration of Quality Supervision, Inspection and Quarantine Chapter I General Provisions

Article 1

These Measures are instituted in order to implement the publicity of government affairs, regulate governmental service activities, guarantee the lawful exercise of administrative duties, and ensure the government affairs hall of the State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as SAQSIQ's Government Affairs Hall) to be well regulated, harmoniously operated, impartial and transparent, incorruptible and highly efficient.

Article 2

SAQSIQ's Government Affairs Hall is the place to handling administrative issues facing the public, which is set up for the State Administration of Quality Supervision, Inspection and Quarantine (including Certification and Accreditation Commission of China) to fully implement the "Administrative License Law of the People's Republic of China" and to implement the government affairs publicity.

Article 3

SAQSIQ's Government Affairs Hall shall conform to the principle of "being incorruptible, diligent, highly-efficient, and facilitating people", and implement the operation mechanism as follows: the Government Affairs Hall uniformly accepts applications submitted to SAQSIQ concerning administrative issues; the related departments shall separately examine the applications and make decisions within their committed time limits upon their respective duties; then the Government Affairs Hall shall uniformly replies to the applicants. The mode of one-window acceptance, once-for-all notification and one-station service shall be adopted.

Article 4

The "eight items of publicity" shall be applied for the administrative issues facing the public, which SAQSIQ's Government Affairs Hall handles. Specifically, publicity of contents subject to examination and approval, publicity of procedures for handling matters, publicity of policy basis, publicity of application materials, publicity of time limits, publicity of fee charge rates, publicity of results, and publicity of telephone numbers for services. Meanwhile, in order to legalize and institutionalize various examination, approval and services, the institution of finalizing matters within the time limits, that of responsibility of the first functionary who receives the inquiry, and that of once-for-all notification, etc. shall be adopted.

Article 5

The institution of follow-up supervision shall be practiced and the tip-offs and complaints of the public shall be accepted by SAQSIQ's Government Affairs Hall.

Article 6

Each staff member at the windows of SAQSIQ's Government Affairs Hall shall be dedicated, conform to uniform management, abide by each rule and bylaw, and provide services warm-heartedly.

Chapter II Organizational Structure and Duties

Article 7

The General Office shall be responsible for managing the establishment of SAQSIQ's Office for Coordination of Publicity of Government Affairs. Its main duties including: taking charge of daily management of SAQSIQ's Government Affairs Hall, taking charge of organizing, coordinating, managing and supervising the issues subject to administrative examination and other service issues which have entered SAQSIQ's Government Affairs Hall, and taking charge of assessing and managing the staff members at the windows of the Hall. Specifically:

(1)

Instituting each rule, bylaw and management measure of SAQSIQ's Government Affairs Hall and organizing the implementation thereof;

(2)

Coordinating and supervising the related issues in the publicity of government affairs, which are involved in the services in the Hall, and examining jointly with the related department the guidelines for handling of issues in the Hall;

(3)

Taking charge of setting forth specific opinions concerning the establishment of windows in the Hall, and conducting daily management, assessment and work supervision over each work window in the Government Affairs Hall and the staff members;

(4)

Coordinating and resolving the problems in the work of the Government Affairs Hall, and circularizing the work of the Government Affairs Hall;

(5)

Accepting the complaints and tip-offs of citizens, legal persons and other organizations against the staff members of the Government Affairs Hall; and

(6)

Accomplishing other governmental service work assigned by the leaders of SAQSIQ.

Article 8

The duties of the competent department in charge of each work window of SAQSIQ's Government Affairs Hall are as follows:

(1)

Subjecting its administrative issues facing the public into SAQSIQ's Government Affairs Hall to centralized acceptance and handling in accordance with legal provisions;

(2)

Instituting guidelines and flows charts concerning its handling of administrative issues facing the public, and organizing the implementation thereof;

(3)

Setting up work windows in the Government Affairs Hall in accordance with legal provisions, as well as selecting, dispatching and adjusting staff members at the windows;

(4)

Authorizing the work windows it set up in the Government Affairs Hall to handle the governmental service issues only subject to formal-element examination on site;

(5)

Other functional divisions within the competent department shall cooperate with the work windows to, in accordance with the provisions, do a good job in examining the governmental service issues in which the substantive contents of the application materials shall be verified;

(6)

Timely dealing with the letters sent by the Government Affairs Hall for urging the governmental service issues, and replying on time; and

(7)

Helping the Government Affairs Hall to settle inquiries and complaints of the parties.

Article 9

The duties of each work window of the SAQSIQ's Government Affairs Hall are as follows:

(1)

Lawfully accepting and dealing with the governmental service issues required by legal provisions to be included by the competent department into the Government Affairs Hall;

(2)

Upon authorization of the competent department, handling the governmental service issues only subject to formal-element examination on site; if it is necessary to verify the substantive contents of the application materials, they shall urge the competent department to deal with the issues within their committed time limits;

(3)

Complying with each management provision of the Government Affairs Hall, and accepting the supervision and coordination of SAQSIQ's Office for Coordination of Publicity of Government Affairs;

(4)

Being responsible for join the work of the Government Affairs Hall with that of the competent departments;

(5)

Accepting inquiries of the parties concerned, practicing the institution of publicity of government affairs, that of finalizing the handling of issues within the time limit, that of responsibility of the first functionary who receives the inquiry, and that of once-for-all notification, etc.; and

(6)

Accomplishing other work issues assigned by the competent department or by the Government Affairs Hall.

Chapter III Governmental Service Methods and Procedures

Article 10

No department shall accept or deal with any governmental service issue which are subject to centralized acceptance and handling at SAQSIQ's Government Affairs Hall in any place out of the Hall.

Article 11

The governmental service issues subject to centralized acceptance and handling at SAQSIQ's Government Affairs Hall and the guidelines for handling such issues shall be announced to the public in several methods.

Article 12

The fees in respect of governmental service issues shall be charged under the laws, administrative regulations and related provisions.

Article 13

The Office for Coordination of Publicity of Government Affairs shall uniformly print the guidelines for handling governmental service issues entering SAQSIQ's Government Affairs Hall for centralized acceptance, and provide them to the applicants for free.

Article 14

In case an application letter for getting an administrative license or administrative approval must be in a standard form, the model text of the application letter shall be provided to the applicant for free.

The related department of SAQSIQ shall publish the guidelines to deal with such issues on the ratified administrative licenses or administrative approval as well as the model text of the application letter on its web site, and shall allow the public to download them for free. If any change occurs in the guidelines for dealing with such issues regarding the ratified administrative license or administrative approval, or the model text of the application letter, the said department shall update and announce the information in a timely manner.

Article 15

The department that deals with the issues on administrative license and administrative approval in accordance with law shall make a commitment within the statutory time limit, and their committed time limits shall be the deadline for the department to handle the administrative license. The time needed in lawful hearing, inspection, test, quarantine, on-site examination and expert authentication or appraisal shall be specified in the guidelines for dealing with issues.

Article 16

As regards an application for administrative license or administrative approval within the scope of powers of SAQSIQ, if the application materials are complete and comply with the statutory forms, the work window of the Hall involved shall deal with the acceptance, and if the application satisfies the acceptance conditions, the said work window shall issue to the applicant a notification concerning application acceptance for administrative license, affix it with the SAQSIQ's special seal for administrative license and indicate the acceptance date . The time limit shall commence as of the acceptance date.

In case the issue in question does not fall under the ground of SAQSIQ's powers, the work window shall immediately decide not to accept the application, and inform the applicant of applying to the competent administrative organ.

Article 17

In case the application materials are incomplete or do not satisfy the statutory forms, the work window of the Government Affairs Hall shall notify the applicant, once and for all, of the materials to be supplemented, and issue to the applicant a "Once-for-all Notification" immediately after receipt of the application materials or within 5 days.

Article 18

In case the department establishing work windows in SAQSIQ's Government Affairs Hall makes a decision in accordance with law concerning not accepting a application, it shall issue to the applicant a "Notification concerning Not Accepting the Application for Administrative License" affixed with the SAQSIQ's special seal for administrative license and indicate the date, and shall explain the specific reasons concerning the notification.

Article 19

In case, in accordance with statutory conditions and formalities, only the formal elements of the application materials need to be checked, and the application materials handed in by the applicant are found after examination of the work window of the Hall to be complete and to satisfy the statutory requirements, the work window shall immediately make a written decision on acceptance.

In case, in accordance with statutory conditions and formalities, the substantive contents of the application materials need to be checked, the work window shall accomplish the check within their committed time limit. If the applicant's application satisfies the statutory conditions and standards, the work window shall make a written approval decision in a timely manner.

In case the work window makes a written decision in accordance with law concerning not granting the license, it shall explain the reason.

Article 20

The related information concerning the decisions on granting licenses, which are made by the competent of each the work window of SAQSIQ's Government Affairs Hall shall be published, and the public shall be entitled to consult such information for free.

Article 21

SAQSIQ's Government Affairs Hall shall promote the e-government construction, and gradually implement the work in respect of on-line acceptance, on-line examination and approval.

SAQSIQ's Government Affairs Hall shall fully utilize modern ways of communication, notify the applicant for administrative license of the decision on license and other information in a timely manner, as well.

Chapter IV Supervision and Administration

Article 22

SAQSIQ's Office for Coordination of Publicity of Government Affairs shall institute the measures for the management and assessment of all work windows and the staff members at the windows, and enhance the education, training, management and assessment of the staff members at the windows.

The personnel department shall separately determine the number of outstanding staff members in year-end assessment of the staff members at the windows of SAQSIQ's Government Affairs Hall, and it may not be included in the number of the selected entities.

Article 23

Each department shall select persons who possess high political quality, strong work capability and good service attitudes to work at the windows of the Hall. The selected staff members at the windows shall be on their positions stably, and may not be changed before having worked for at least one year.

Article 24

Where any of the following circumstances occurs in the department of the work windows of SAQSIQ's Government Affairs Hall or any of its staff members when carrying out the governmental service work, the Office for Coordination of Publicity of Government Affairs shall, on the basis of the severity of the case, provide education and assistance, give circularized criticism, order the department or staff member to correct the illegal or inappropriate administrative act, or the matter shall be handled by the related department in accordance with legal provisions:

(1)

It/he accepts or deals with applications at another place when the Government Affairs Hall accepts or deals with the governmental service application;

(2)

It/he fails to abide by the provisions to alter administrative license fee or other related administrative fees at the fee collection window of the Government Affairs Hall;

(3)

It/he extorts or accepts bribes, charges fees in violation of rules, or seeks illegal benefits in the process of accepting or dealing with governmental service issues;

(4)

A staff member at the window results in the governmental service issue to be finalized with delay due to his mistake, or practices frauds in his work and results in ill effects;

(5)

It/he fails to finalize the governmental service issues within their committed time limit in accordance with law; or

(6)

It/he commits other acts in violation of the provisions concerning management of the Government Affairs Hall.

Article 25

SAQSIQ's Government Affairs Hall shall build up a complaint office for accepting the applicants' complaints and other complaint issues.

Article 26

The related departments, persons and work of the Government Affairs Hall shall be actively accept the supervision and inspection of SAQSIQ's supervisory department.

Chapter V Supplementary Provisions

Article 27

These Measures shall be subject to the interpretation of the General Office of SAQSIQ.

Article 28

These Measures shall enter into force as of the promulgation date.