Archived（May 28, 2018）
(promulgated by Decree No.116 of Shenzhen Municipal People’s Government on July 1, 2002; revised by Decree No.167 of Shenzhen Municipal People’s Government on May 8, 2007)
Article 1 In order to strengthen the control of collection of administrative institutional fees, establish a normative, open, and reasonable system for collection of fees, and maintain the legal rights and interests of citizens, legal persons and other organizations, these rules are hereby formulated in accordance with the related law, regulations and in the light of specific conditions of the Shenzhen City.
Article 2 Administrative institutional fees shall be set and collected according to law.
Article 3 To set an administrative institutional fee, it shall be required to have one of the following as a legal basis:
(1) the law, administrative regulations
(2) the normative documents formulated or approved to be formulated by the State Council;
(3) the rules formulated by the state department responsible for administrative institutional collection of fees according to law, administrative regulations;
(4) the local law and regulations formulated by the Guangdong Provincial People’s Congress and its standing committee;
(5) the rules formulated by the Guangdong Provincial People’s Government according to law, regulations;
(6) the law and regulations formulated by the Shenzhen Municipal People’s Congress and its standing committee;
(7) the rules formulated by the Shenzhen Municipal People’s Government.
If the law, regulations, rules or normative documents have no rules on collection offees for an administrative management act, no item of administrative institutional fee shall be set up for such an act.
Article 4 To apply for collection of an administrative institutional fee, an applying unit shall provide a basis, explain the reason, and submit the related documents, materials.
The municipal department of price shall examine the necessity, reasonability, and legitimacy of the administrative and institutional fees collection, and shall hold a hearing according to law if the fee collection involves great social public welfare, or vital interests of a natural person, legal person or another organization. The municipal department of price shall be responsible for organizing the hearing, and ensure the attendance of a certain proportion of enterprises, city residents, and professionals. The municipal department of price shall report to the executive committee of the municipal government about the hearing and examination results for deliberation.
Without approval from the Shenzhen Municipal People’s Government, no administrative institutional fee shall be collected, the municipal department of prices shall not issue Permit of Collection of Administrative Institutional Fees in Guangdong Province to the applier.
Article 5 The municipal department of prices shall join hands with the municipal department of finance to work out Catalogue of the Items of Administrative Institutional Fees to be Collected in the Shenzhen City (hereinafter referred to as Catalogue of Collection Items); Catalogue of Collection Items shall include the names of items, collecting units, permit number, rates and methods of collection, and time to start collection, etc., which shall be published in the municipal government’s bulletin and government information website every March.
If a fee is not listed in Catalogue of Collection Items, it shall not be collected, and any unit and individual shall have the right to refuse to pay it.
Article 6 If an administrative institutional fee has been approved to be collected, it shall be made public in the municipal government’s bulletin and government information website 30 days ahead of the date to start collection, and also listed in Catalogue of Collection Items.
Article 7 When stopping collection of an administrative institutional fee or reduce the rate of collection, the municipal department of prices shall publish the name of item, collecting unit, permit number, rate and method of collection, and time to start collection or the reduced rate and starting time of the item to be stopped or to have a reduction of rate in the municipal government’s bulletin and government information website.
Article 8 The municipal departments of finance, prices shall draw up an annual report on collection of administrative institutional fees, and submit to the municipal government.
Article 9 Administrative institutional fees shall be entered into the fiscal budget, and handled separately in terms of income and expenses.
A collecting unit shall use the receipt for collection of administrative institutional fee uniformly printed by the department of finance, accurately record the collection items, and entrust a bank with collection on its behalf, all the administrative institutional fees shall be credited into a bank account endorsed by the department of finance, and open for supervision and examination conducted by the departments of finance, prices, auditing, etc.
Article 10 In case of issuing a certificate or license according to law, it shall be allowed to charge for the cost of production of a certificate or license; in case of no stipulation in law, regulations or rules that an annual examination fee may be collected, there shall be no such charge.
If a management fee has already been charged for the same administrative management act, there shall be no charge for the cost of production of a certificate or license except those allowed by law, regulations.
Article 11 In case of using the documents, materials, information, technique, or other similar resources which are owned or administered by the government, the department of resources management may charge for the cost of reproduction according to law, regulations or rules, but if an administrative department must perform a duty or provide a service according to law, regulations or rules, it shall not collect any fee for performing the duty or providing the service, assign or entrust an institutional unit or an intermediary agency with performing the duty or providing the service, and make any economic gain for this.
Article 12 In case of taking an administrative management act which requires the person under such management to provide the related documents, materials, it shall be forbidden for the unit taking the administrative management act to force a purchase of a standard or model text, to designate a unit for processing the documents, materials, to set rates to charge for processing the documents, materials, and to have any economic gain.
Article 13 In case of colleting administrative institutional fees on others’ behalf, the power of attorney for such collection shall be presented, and the collection shall be examined and made public according to Articles 4, 6 of these rules.
Article 14 Collection of administrative institutional fees shall not lead to any incidental charge or economic gain.
If production of certificates or licenses needs frames or other holders, exterior decorations, it shall be forbidden to provide frames or holders, exterior decorations, to set the specifications or patterns of frames or holders, decorations, to assign a production unit, and to fix the cost of production.
Article 15 In case of administration of test, quarantine, and survey for which there is no stipulation on collecting fees in the law, regulations, rules referred to in Article 3 of these rules, it shall be forbidden to collect fees except a unit requests the test, quarantine, and survey on its own initiative.
Article 16 It shall be forbidden to set more than one item to charge for the same administrative management act, the fixed rates shall be the same for everybody, and it shall not be allowed to charge different persons under the administrative management different fees.
Article 17 Any unit and individual shall have the right to file complaints on the necessity, reasonability, and legitimacy of administrative institutional fees to the municipal department of supervision, and make comments or suggestions.
The municipal department of supervision shall promptly investigate into and punish illegal acts of collection of fees, and publish the outcome of investigation and punishment.
Article 18 In case of collecting fees in violation of the related law, regulations, rules or these rules, the municipal department of prices shall order immediate correction, and also instruct the collecting unit to return the illegally collected fees to the original payer by a prescribed time, if the fees cannot be returned by the prescribed time, they shall be handed over to the state treasury.
The returning unit shall publish the item, method, and time of returning in the municipal government’s bulletin, government information website, and the related news media.
The municipal department of prices shall publish the settlement in the municipal government’s bulletin and government information website.
Article 19 The directly responsible person and the person in charge of the unit which has illegally collected fees shall be punished by the municipal department of supervision according to rules, and the punishment shall be published in the municipal government’s bulletin and government information website.
The municipal department of supervision shall make an annual report to the municipal government on the administrative sanctions for illegal collection of fees.
Article 20 These several rules shall take effect as of August 1, 2002, Several Rules of the Shenzhen Special Economic Zone for the Control of Collection of Administrative Institutional Fees promulgated by No. 51 order of the Shenzhen municipal government on March 28, 1996 shall annulled at the same time.
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