Li Keqiang signed the order of the State Council and promulgated the decision of the State Council on Amending and repealing some administrative regulations

2022-04-08

Premier Li Keqiang recently signed an order of the State Council to promulgate the decision of the State Council on Amending and repealing some administrative regulations, which will come into force on May 1, 2022. In order to deepen the reform of "separation of certificates and licenses", further promote the reform of "release, control and service", stimulate the development vitality of market subjects, and maintain the unity, dignity and authority of the national legal system, the State Council cleaned up the administrative regulations involved in the reform of "separation of certificates and licenses" and the administrative regulations inconsistent with the provisions and principles of the civil code. At the same time, do a good job in connection with the promulgation of the regulations on petition work. Therefore, the State Council decided to amend some provisions of 14 administrative regulations and repeal 6 administrative regulations. On the direct cancellation of approval. Revise three administrative regulations, including the provisions on the administration of Foreign-invested Telecommunications Enterprises, and cancel the issuance of examination and approval opinions on Foreign-invested Telecommunications business; Cancel the approval of some medical institutions; Cancel the inspection license of import and export commodity inspection and appraisal institutions. At the same time, revise and improve relevant regulatory measures and legal liability provisions. Change to approval. Revise seven administrative regulations such as the regulations on the administration of medical institutions, and change the practice registration of clinics from examination and approval to filing; Cancel the issuance of security training permit and change it to filing management; Cancel the training license for international road cargo transportation, road cargo transportation stations (yards) and motor vehicle drivers, and change it to filing management; Cancel the examination and approval of new pesticide registration test and change it to filing management; Change the registration of customs declaration enterprises from examination and approval to filing, etc. At the same time, relevant statements have been revised, filing procedures and legal responsibilities have been stipulated accordingly, and relevant regulatory measures have been added. On the implementation of notification commitment. Revise the three administrative regulations including the regulations on the administration of Internet service business places, and implement the notification commitment for the information network security audit of Internet service business places; Implement the notification commitment for the issuance of hotel license; Inform and promise the qualification of inspection and testing institutions. At the same time, the relevant procedures for informing commitments are clarified, and relevant regulatory measures are added. On optimizing approval services. Three administrative regulations, including the regulation of the people's Republic of China on road transport, were revised, the corresponding license levels were adjusted, and the relevant examination and approval authority was delegated. Abolish six administrative regulations including the Interim Provisions of the State Council on the administration of general aviation. Some of these six administrative regulations have been formulated for a long time and conflict with relevant laws and regulations; Some have been abolished by the superior law or the basis of the superior law has been abolished; Some have been replaced by other laws and regulations. The following is the full text of the decision: Decision of the State Council on Amending and repealing some administrative regulations In order to deepen the reform of "separation of certificates and licenses", further promote the reform of "release, control and service", stimulate the development vitality of market subjects, and maintain the unity, dignity and authority of the national legal system, the State Council cleaned up the administrative regulations involved in the reform of "separation of certificates and licenses" and the administrative regulations inconsistent with the provisions and principles of the civil code. At the same time, do a good job in connection with the promulgation of the regulations on petition work. To this end, the State Council decided: 1、 Some provisions of 14 administrative regulations were amended. (attachment 1) 2、 Six administrative regulations were abolished. (attachment 2) This decision shall enter into force as of May 1, 2022. Attachment: 1 Administrative regulations decided to be amended by the State Council 2. Administrative regulations repealed by the State Council Annex 1 Administrative regulations decided to be amended by the State Council 1、 Article 2 of the provisions on the administration of foreign invested telecommunications enterprises is amended to read "foreign invested telecommunications enterprises refer to enterprises engaged in telecommunications business established by foreign investors within the territory of the people's Republic of China according to law." Article 6 is amended as "the proportion of capital contribution of foreign investors in Foreign-invested Telecommunications Enterprises operating basic telecommunications services (except wireless paging services) in the enterprise shall not exceed 49%, unless otherwise stipulated by the state. "The proportion of capital contribution of foreign investors in Foreign-invested Telecommunications Enterprises operating value-added telecommunications services (including wireless paging services in basic telecommunications services) shall not exceed 50% in the end, unless otherwise stipulated by the state." Delete Article 9, paragraph 1 (4), Article 10, Article 12, Article 14, Article 15, Article 16 and Article 19. Article 11 shall be changed into Article 10 and amended as "foreign invested telecommunications enterprises shall, after going through the registration of market entities according to law, apply to the competent department of industry and information technology under the State Council for telecommunications business license and submit the following documents: "(1) a statement of investors; "(2) the qualification certificates or relevant confirmation documents of investors specified in Articles 8 and 9 of these provisions; "(3) certificates or confirmation documents of other conditions required for the operation of basic telecommunications services or value-added telecommunications services as stipulated in the Telecommunications Regulations. "The competent department of industry and information technology under the State Council shall examine the relevant documents specified in the preceding paragraph from the date of receiving the application. For basic telecommunications services, the examination shall be completed within 180 days from the date of accepting the application and the decision of approval or disapproval shall be made; for value-added telecommunications services, the examination shall be completed within 60 days from the date of receiving the application and the decision of approval or disapproval shall be made. If the application is approved, it shall be issued Telecom business license; If the application is not approved, it shall notify the applicant in writing and explain the reasons. " Article 13 is changed to Article 11 and revised to "the main contents of the investor information statement of Foreign-invested Telecommunications Enterprises include: the name and basic information of the investor, the proportion of capital contribution of all parties, the control of foreign investors over Foreign-invested Telecommunications Enterprises, etc." Article 18 is changed to Article 13 and is revised to read "if anyone violates the provisions of Article 6 of these Provisions, the competent department of industry and information technology under the State Council shall order him to make corrections within a time limit and impose a fine of not less than 100000 yuan but not more than 500000 yuan; if he fails to make corrections within the time limit, his telecommunications business license shall be revoked." Article 20 shall be changed into Article 14, and the words "and the approval certificate of foreign invested enterprises shall be revoked by the competent commercial department that originally issued the approval certificate of foreign invested enterprises" shall be deleted. 2、 Article 9 of the regulations on the administration of medical institutions is revised to read "if a unit or individual establishes a medical institution and needs to go through the letter of approval for the establishment of a medical institution in accordance with the provisions of the State Council, it shall be examined and approved by the administrative department of health of the local people's government at or above the county level and obtain the letter of approval for the establishment of a medical institution." Delete Article 14. Article 15 is changed to Article 14 and revised to read "medical institutions must register and obtain the practice license of medical institutions; clinics can practice after filing with the health administration department of the local people's government at the county level in accordance with the provisions of the health administration department of the State Council." Article 16 is changed to Article 15, and item 1 is revised to read "(1) if the approval for the establishment of a medical institution should be handled according to the regulations, the approval for the establishment of a medical institution has been obtained". Article 17 is changed to Article 16, and the first paragraph is revised to read "the practice registration of medical institutions shall be handled by the administrative department of health of the people's government that approved their establishment; the practice registration of medical institutions that do not need to handle the letter of approval for the establishment of medical institutions shall be handled by the administrative department of health of the people's government at or above the county level." The third paragraph is revised to read "the practice registration or filing of outpatient departments, health centers (rooms) and clinics set up by organs, enterprises and institutions to serve internal employees shall be handled by the administrative department of health of the local people's government at the county level." Article 20 is changed to Article 19 and is revised to read "if a medical institution changes its name, place, main person in charge, diagnosis and treatment subjects and beds, it must go through the change registration with the original registration authority or file with the original filing authority." Article 21 is changed to Article 20, and the first paragraph is revised to read "if a medical institution goes out of business, it must cancel its registration with the original registration authority or file with the original filing authority. After being approved by the registration authority, the practice license of medical institution shall be confiscated." Article 24 is changed to Article 23 and is revised to read "no unit or individual shall carry out diagnosis and treatment activities without obtaining the practice license of medical institution or without filing." Article 27 is changed to Article 26 and is revised to read "medical institutions must carry out diagnosis and treatment activities according to the diagnosis and treatment subjects approved, registered or filed." Change Article 33 to Article 32, Change to "Medical personnel shall explain the patient's condition and medical measures during diagnosis and treatment activities. If surgery, special examination and special treatment are needed, medical personnel shall timely specify the medical risks and alternative medical schemes to the patient and obtain their explicit consent; if it is impossible or inappropriate to explain to the patient, they shall explain to the patient's close relatives and obtain their explicit consent. In case of emergency such as rescuing the dying patient, If the opinions of the patient or his close relatives cannot be obtained, the corresponding medical measures can be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge. " Article 40 is changed to Article 39, and item 1 is revised to read "(1) be responsible for the establishment approval, practice registration, filing and verification of medical institutions". Article 44 is changed to Article 43 and is revised to read: "those who practice without obtaining the practice license of medical institutions in violation of the provisions of Article 23 of these Regulations shall be punished in accordance with the provisions of the law of the people's Republic of China on basic medical and health promotion. "Anyone who violates the provisions of Article 23 of these regulations and practices in a clinic without filing shall be ordered by the administrative department of public health of the people's government at or above the county level to make corrections, confiscate his illegal income and impose a fine of not more than 30000 yuan; if he refuses to make corrections, he shall be ordered to stop practicing." Article 45 is changed to Article 44 and revised to read "if anyone, in violation of the provisions of Article 21 of these regulations, fails to verify the practice license of medical institutions within the time limit and still engages in diagnosis and treatment activities, the administrative department of health of the people's government at or above the county level shall order him to go through the verification procedures within a time limit; if he refuses to verify, his practice license of medical institutions shall be revoked." Article 46 is changed to Article 45 and revised to read "Whoever sells, transfers or lends the practice license of medical institutions in violation of Article 22 of these Regulations shall be punished in accordance with the provisions of the law of the people's Republic of China on basic medical and health promotion." Replace Article 47 with Article 46, It is revised as "if, in violation of the provisions of Article 26 of these regulations, the diagnosis and treatment activities exceed the scope of registration or filing, the administrative department of public health of the people's government at or above the county level shall give a warning, order them to make corrections, confiscate their illegal income, and may impose a fine of not less than 10000 yuan but not more than 100000 yuan according to the circumstances; if the circumstances are serious, their practice license of medical institutions shall be revoked or their practice activities shall be ordered to stop." Article 48 is changed to Article 47 and is revised to read "Whoever, in violation of the provisions of Article 27 of these regulations, uses non health technical personnel to engage in medical and health technical work shall be ordered by the administrative department of health of the people's government at or above the county level to make corrections within a time limit and may be fined not less than 10000 yuan but not more than 100000 yuan; if the circumstances are serious, his practice license of medical institution shall be revoked or he shall be ordered to stop his practice activities." Article 49 is changed to Article 48 and is revised to read "Whoever, in violation of the provisions of Article 31 of these regulations, issues false supporting documents shall be punished by the people's court at or above the county level

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:Xinhua

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