Thread Content
Article 99: The fees for administrative approvals and inspections related to special equipment shall be determined in accordance with the provisions of laws and administrative regulations. Interpretation of the provision: This article deals with the regulations regarding administrative permits for special equipment and inspection fees. I. As a **function**, administrative licensing generally does not incur any fees. Article 58 of the Administrative License Law of the People’s Republic of China stipulates that administrative organs shall not charge any fees when granting administrative licenses or conducting supervision and inspections related to such licenses. However, if otherwise provided by laws or administrative regulations, such provisions shall prevail. Given that administrative licensing for special equipment and inspection work are highly technical and specialized tasks, the appraisal and evaluation processes involved in the licensing process, as well as the inspection activities carried out by inspection agencies, require the use of certain instruments and equipment; in some cases, specific locations are also needed to conduct relevant tests. In line with common practices, this law allows for the charging of certain fees for such services. II. The fees for administrative approvals and inspections of special equipment should be stipulated by laws and administrative regulations, rather than being set at the discretion of inspection agencies or other such entities. In accordance with the provisions of this article, the fees for administrative approvals and inspections related to special equipment shall be determined in accordance with laws and administrative regulations. The “laws” mentioned here include not only this law but also other relevant laws such as the Price Law and the Administrative License Law. For example, the Price Law of the People’s Republic of China classifies price practices into those carried out by business operators and **’s pricing practices, and it sets out separate regulations regarding their scope of application, pricing principles, prohibited behaviors, as well as supervision and inspection. As a mandatory and statutory public service, the inspection of special equipment can be subject to **pricing** for important public services, in accordance with Article 18, Item 4 of the Price Law of the People’s Republic of China. The specific items and rates for charging fees for the inspection of special equipment, as well as the rules governing revenue and expenditure management, are implemented in accordance with the regulations set by the financial and price authorities of the State Council. In accordance with the relevant provisions of the Administrative License Law, when administrative organs grant administrative licenses and charge fees in accordance with laws and administrative regulations, such fees shall be levied in line with the legally prescribed items and standards. If an administrative agency imposes administrative permits and charges fees arbitrarily or fails to do so in accordance with the prescribed items and standards, its superior administrative agency or supervisory authority shall order it to return the illegally collected fees ； Administrative sanctions shall be imposed in accordance with the law on the supervisors directly responsible and other persons directly liable. Article 75 of the Administrative License Law applies equally to the fees related to administrative licenses and inspections for special equipment. It should be noted that laws and administrative regulations may stipulate the fees associated with administrative approvals and inspections for special equipment. However, when such laws and regulations provide only general guidelines, rules and relevant regulatory documents formulated in accordance with them can specify the exact standards and methods for charging these fees.