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Notice of the China (Shanghai) Pilot Free Trade Zone on the Approval and Issuance of Frontier Port Hygiene License (Service Industry)

en.china-shftz.gov.cn Updated: 2018-07-10

The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.

I. Operation Basis

Detailed Rules for the Implementation of Frontier Health and Quarantine Law of the People’s Republic of China

II. Scope of Application

The units and individuals engaging in the operation activities in the service industry at the border port (see the attachment) apply to handle the Port Hygiene License

III. Required Materials

(I)Licensing Conditions

The units and individuals engaging in the operation activities in the service industry at the border port (see the attachment) (“service operators”) shall meet the following conditions:

1. Improved hygiene management systems are in place (including: hygiene keeping and cleaning system, employee health check-up and hygiene knowledge training system, disinfection system, foods purchase system, etc.)

2. Having fixed operation place;

3. Service employees must have health certificates as signed and issued by the inspection and quarantine authority

4. Having the hygiene facilities complying with the applicable state service standards

(II) Application materials

The service operators shall apply to handle the Port Hygiene License at the inspection and quarantine authority in the place where their operation place is located, and upon application, it is required to submit the following materials:

1. Application for Hygiene License for Border Port

2. Qualification certificate of the Legal Representative (if absence of the Legal Representative, it is the responsible person or the owner), and qualification certificate of the agent

3. Photocopy of the Business License for Legal Entity and the Tax Registration Certificate; for new enterprises that have not obtained the Business License for Legal Entity and the Tax Registration Certificate, first submit the Notice of Pre-approval of Corporate Name, and make them upon after obtaining the Business License for Legal Entity and the Tax Registration Certificate

4. Certificate relating to legal use of the operation place

5. Materials relating to the preventative hygiene review of the newly built, re-built and expanded projects

6. Topographical Map, Plan, Hygiene Protection Facility Map, and Ventilation Facility Map of the operation place

7. Hygiene Management System (like: hygiene keeping and cleaning system, employee health check-up and hygiene knowledge training system, items disinfection system, vector prevention and control system, etc.)

8. Instructions on employees’ health certificate and hygiene knowledge training

9. Information about relevant hygiene facilities and equipment

10. The operation place check report that is conforming and effective within 2 years as issued by the competent check authority, as specified by the Rules of Health Monitoring for Public Places (GB/T17220-1998)

11. The operation units using the centralized air-conditioning and ventilation systems shall provide the check report that is conforming and effective within one year as issued by the competent check authority, and the hygiene management system of the air-conditioning and ventilation systems.

12. Entertainment places like ballrooms, games rooms, and card rooms, etc. must have the valid culture operation license or entertainment operation license.

13. Other necessary materials to be submitted as specified by the laws, regulations or rules or by the inspection and quarantine authority

If the service operators need to extend the Hygiene License for Border Port, it is required to file the extension application to the inspection and quarantine authority, and provide the following materials:

1. Application for Hygiene License for Border Port

2. Photocopy of the original Hygiene License for Border Port

3. Statements of no change of such contents as specified in the original license like service operation place, flow, layout, hygiene facilities, etc.; in case of any change, provide relevant materials pursuant to Article 13 (i).

4. The hygiene check report of the operation place that is conforming and effective within 2 years as issued by the competent check authority

5. The operation units using the centralized air-conditioning and ventilation systems shall provide the hygiene check report that is conforming and effective within one year as issued by the competent check authority.

6. Other necessary materials to be submitted as specified by the laws and regulations or by the inspection and quarantine authority

If the service operators apply to handle the formalities for change of the Hygiene License for Border Port, it is required to provide the following materials to the inspection and quarantine authority:

1. Application for change of administrative license

2. Original of the Hygiene License for Border Port

3. Qualification certificate of the Legal Representative (if absence of the Legal Representative, it is the responsible person or the owner), and qualification certificate of the agent

4. In case of change of the corporate name, legal representative (person in charge and owner), it is required to provide the certificate of change of the corporate name and legal representative (person in charge and owner).

In case of change of the road name or door number, it is required to provide the certificate of change of the road name or door number as issued by the relevant authority.

5. In case of change of the operation mode or operation scope, or change of items due to new building, expansion or re-building of the original operation place, it is required to provide relevant certificates, conformity evaluation materials, etc.

IV. Application Process

(I)Examination and Approval Procedures

1. Acceptance of application

If the application materials have errors that can be corrected at the site, the applicant can be allowed to correct them at the site. If the application materials are incomplete or not in conformity with the legal forms, it is required to notify, at the site or within five days, the applicant of all contents to be made up, or it is deemed accepted from the day upon receipt of the application materials. If the application materials are complete and in conformity with the legal forms, or if the applicant submits all application materials corrected as required by the entry-exit inspection and quarantine authority, it is required to accept the application for administrative license. Regardless whether the entry-exit inspection and quarantine authority accepts the application for administrative license, it is required to issue written evidence affixing the dedicated seal of such authority and indicating the date.

2. Review and Issuance of License

After accepting the service operators’ applications, the inspection and quarantine authority shall review the application materials, and conduct the site review according to the applicable regulations.

The inspection and quarantine authority shall, within 20 days after acceptance, make its decision on whether the license is given to the applicant (except for the site check time, under which case, the maximum time shall not exceed one month), according to the review of materials and site check results, and shall, within 10 days from the day upon making decision, grant or issue to the applicant the hygiene license.

3. Change and Extension

(1) Change: within the effective term of the license, in case of change of the corporate name or legal representative (person in charge and owner) of the service operator, or change of the road name or door number or operation mode or operation scope or new building, expansion or rebuilding of the original operation place, it is required to apply to handle the change formalities at the original inspection and quarantine authority.

In case of change of the operation place of the service industry, it is required to re-apply to handle the license

(2) Extension: the effective term of the license shall be 2 years. If the licensed enterprises need to extend the effective term of the license, it is required to file an application to the inspection and quarantine authority within 30 days before expiration of the effective term of the license.

(II) Examination and Approval Period

Except for making the administrative license decision in the field, the inspection and quarantine authority shall, within 20 days from the day when the administrative license application is filed, make the administrative license decision. If any decision cannot be made within 20 days, after approval by the person in charge of the inspection and quarantine authority, 10 days can be extended, and the applicant shall be advised of the reason for extension of the term.

If the inspection and quarantine authority makes its administrative license decision and the hearing, tendering, auction, inspection, testing, quarantine, appraisal and expert review are required according to law, the time for these will not be included. The inspection and quarantine authority shall notify in writing the applicant of the required time.

(III) Charging Standards

Subject to the Measures for Charging of Entry-Exit Inspection and Quarantine (FGJG [2003] No. 2357), RMB30 for each license shall be charged.

(IV) Examination and Approval Results

If any administrative license decision is approved for the applicant’s application, it is required to grant or issue to the applicant the hygiene license within 10 days thereafter, and have it disclosed, and people have the right to consult it. If the administrative license decision is not made, it is required to give written reasons, and notify the applicant that it has the right to apply for administrative reconsideration or file the administrative lawsuit.

V. Application Location and Contact Information

General Service Hall, 1/F, 9 Jilong Road, Pudong New Area, Shanghai

Post Code: 200131

Contact Tel.: +86-21-58697067, 58697068

VI. Complaint Mode

Shanghai Entry-Exit Inspection and Quarantine Bureau 

Contact Tel.: +86-21-38620168

E-mail of Shanghai Entry-Exit Inspection and Quarantine Bureau: shciqweb@shciq.gov.cn

Provided by Lawyers Working Committee of Pudong New Area