Administrative Measures on Telecommunications Business Permits (2017)
Source: China State Council website
Effective Date: 09-01-2017
Chinese Title: 电信业务经营许可管理办法
Ministry of Industry and Information Technology Order No. 42
The Administrative Measures on Telecommunications Business Permits passed by the 31st ministerial session on 21 June 2017 of the Ministry of Industry and Information Technology is hereby promulgated and shall be implemented with effect from 1 September 2017. The Administrative Measures on Telecommunications Business Permits promulgated by the Ministry of Industry and Information Technology on 5 March 2009 (Ministry of Industry and Information Technology) shall be repealed simultaneously.
3 July 2017
Administrative Measures on Telecommunications Business Permits
Chapter 1 General Principles
Article 1 These Measures are formulated pursuant to the provisions of the Telecommunications Regulations of the People’s Republic of China and other laws and administrative regulations for the purposes of strengthening administration of telecommunications business permits.
Article 2 These Measures shall apply to application, examination and approval, use and administration of telecommunications business permits (hereinafter referred to as “business permits”) in the People’s Republic of China.
Article 3 The Ministry of Industry and Information Technology and the telecommunications bureaus of the provinces, autonomous regions and centrally-administered municipalities (hereinafter referred to collectively as the “telecommunications administrative authorities”) shall be the examination and approval administrative authorities for the business permits. Approval and administration of business permits shall adhere to the principles of convenience for the people, efficiency, transparency, fairness and equity.
The Ministry of Industry and Information Technology shall establish a telecommunications business integrated administration platform (hereinafter referred to as the “administration platform”), promote online applications, approval and administration for business permits, as well as announcement, inquiry and sharing of related information, and improve upon the creditworthiness administration mechanism.
Article 4 Persons engaging in telecommunications business shall obtain a permit business issued by the telecommunications administrative authorities pursuant to the law.Telecommunications business operators shall, in the courses of operating telecommunications business, comply with the provisions on business permits, accept and cooperate in supervision and administration of telecommunications administrative authorities.
Telecommunications business operators operating telecommunications business pursuant to the provisions on business permits shall be protected by the law.
Chapter 2 Application for Business Permits
Article 5 An operator of basic telecommunications business shall satisfy the following criteria:
(1) the business operator is a company established pursuant to the law to engage exclusively in basic telecommunications business, and not less than 51% of its equity or shares is held by the State;
(2) it has a business development research report and networking technology plan;
(3) it has the requisite funding and staff for its business activities;
(4) it has the premises, facilities and the corresponding resources to carry out its business activities;
(5) it has the reputation or capability to provide long-term services for the users;
(6) the minimum registered capital of an operator operating within a province, an autonomous region or centrally-administered municipality shall be RMB100 million; the minimum registered capital of an operator operating nationwide or across provinces, autonomous regions or centrally-administered municipalities shall be RMB1 billion;
(7) the company and its key investors and key management personnel are not included in the list of dishonest telecommunications business operators; and
(8) any other criteria stipulated by the State.
Article 6 An operator of value-add telecommunications business shall satisfy the following criteria:
(1) the business operator is a company established pursuant to the law;
(2) it has the requisite funding and staff for its business activities;
(3) it has the reputation or capability to provide long-term services for the users;
(4) the minimum registered capital of an operator operating within a province, an autonomous region or centrally-administered municipality shall be RMB1 million; the minimum registered capital of an operator operating nationwide or across provinces, autonomous regions or centrally-administered municipalities shall be RMB10 million;
(5) it has the premises, facilities and technical plans;
(6) the company and its key investors and key management personnel are not included in the list of dishonest telecommunications business operators; and
(7) any other criteria stipulated by the State.
Article 7 Applicants for a basic telecommunications business permit shall submit the following application materials to the Ministry of Industry and Information Technology:
(1) a written application for undertaking basic telecommunications business signed by the company’s legal representative, the contents of which shall include: type of telecommunications business applied for, scope of business coverage, company name and contact details etc;
(2) duplicate copy and photocopy of the company’s business licence;
(3) company information, including basic company information, organisation setup for the telecommunications business proposed to be undertaken and management information, technical capability and business management personnel information, the premises and facilities etc for the business activities;
(4) the company’s articles of association, the company’s equity structure, and information on shareholders;
(5) a business development research report which includes: business development and implementation plan for its telecommunications business, service items, scope of business coverage, fee plans, projected service quality, cost benefit analysis etc;
(6) a networking technology plan which includes: network structure, network scale, network development plan, network interconnection plan, technical standards, configuration of telecommunications equipment, telecommunications resources usage plan etc;
(7) the measures for provision of long-term services for users and quality assurance;
(8) networking and information security protection measures;
(9) the relevant proof materials for the company’s reputation; and
(10) a letter signed by the company’s legal representative undertaking that the company shall operate telecommunications business pursuant to the law.
Article 8 Applicants for a value-add telecommunications business permit shall submit the following application materials to the telecommunications administrative authorities:
(1) a written application for undertaking value-add telecommunications business signed by the company’s legal representative, the contents of which shall include: type of telecommunications business, scope of business coverage, company name and contact details etc;
(2) duplicate copy and photocopy of the company’s business licence;
(3) company information, including basic company information, the staff, premises and facilities etc for the proposed telecommunications business activities;
(4) the company’s articles of association, the company’s equity structure and, information on shareholders;
(5) business development and implementation plan and technical plan for the telecommunications business;
(6) the measures for provision of long-term services for users and quality assurance;
(7) networking and information security protection measures;
(8) the relevant proof materials for the company’s reputation; and
(9) a letter signed by the company’s legal representative undertaking that the company shall operate telecommunications business pursuant to the law.
Where the telecommunications business applied for requires prior approval and consent by the relevant authorities pursuant to laws, administrative regulations and the relevant provisions of the State, the approval and consent document of the relevant authorities shall be submitted.
Chapter 3 Examination and Approval for Business Permits
Article 9 Business permits shall comprise “Basic Telecommunications Business Permit” and “Value-add Telecommunications Business Permit”. “Value-add Telecommunications Business Permit” shall comprise “Cross-locality Value-add Telecommunications Business Permit” and “Value-add Telecommunications Business Permit” for operation within the scope of a province, autonomous region, or centrally-administered municipality. “Basic Telecommunications Business Permit” and “Cross-locality Value-add Telecommunications Business Permit” are subject to examination and approval by the Ministry of Industry and Information Technology. “Value-add Telecommunications Business Permit” for operation within the scope of a province, an autonomous region or a centrally-administered municipality shall be subject to the telecommunications bureau of the province, autonomous region or centrally-administered municipality.
Business permits of foreign-funded telecommunications enterprises shall be subject to examination and approval by the Ministry of Industry and Information Technology pursuant to the Administrative Provisions on Foreign-funded Telecommunications Enterprises.
Article 10 The Ministry of Industry and Information Technology shall examine application materials for undertaking of basic telecommunications business. Where the application materials are complete and comply with the statutory format, a notice of acceptance of application shall be issued to the applicant. Where the application materials are incomplete or do not comply with the statutory format, the applicant shall be notified in a one-off manner, on the spot or within five days, of all the contents which are required to be supplemented or corrected.Upon acceptance of application, the Ministry of Industry and Information Technology shall organise experts to examine the application materials stipulated in item (5), item (6) and item (8) of Article 7, and form an examination opinion.
The Ministry of Industry and Information Technology shall complete examination and decide on approval or non-approval within 180 days from acceptance of an application. A “Basic Telecommunications Business Permit” shall be issued to successful applicants. Unsuccessful applicants shall be notified in writing and the reason shall be stated.
Article 11 The telecommunications administrative authorities shall examine application materials for undertaking of value-add telecommunications business. Where the application materials are complete and comply with the statutory format, a notice of acceptance of application shall be issued to the applicant. Where the application materials are incomplete or do not comply with the statutory format, the applicant shall be notified in a one-off manner, on the spot or within five days, of all the contents which are required to be supplemented or corrected.The telecommunications administrative authorities shall, based on administrative needs, organise experts to examine the application materials stipulated in item (5), item (6) and item (7) of Article 8, and form an examination opinion.
The telecommunications administrative authorities shall complete examination and decide on approval or non-approval within 60 days from receipt of all application materials. A “Cross-locality Value-add Telecommunications Business Permit”, or a “Value-add Telecommunications Business Permit” for operation within a province, an autonomous region or a centrally-administered municipality, shall be issued to successful applicants. Unsuccessful applicants shall be notified in writing and the reason shall be stated.
Article 12 Where it is necessary for the telecommunications administrative authorities to verify the substantial contents of the application materials, the telecommunications administrative authorities may proceed, on its own or entrust another agency, to inspect the applicant onsite, and the applicant shall cooperate.Where the telecommunications administrative authorities organise experts to examine the application, the time taken by expert examination shall be excluded from the examination period stipulated in the third paragraph of Article 10 and the third paragraph of Article 11 of these Measures.
Article 13 A business permit shall comprise the main text and the appendix.The main text of a business permit shall state the company name, name of its legal representative, type of business (service items), scope of business coverage, validity period, the issuing authorities, date of issue, business permit serial number etc.
The appendix of a business permit may stipulate special matters, for which the telecommunications administrative authorities shall stipulate special requirements on conduct of telecommunications business, the rights and obligations of telecommunications business operators etc.
A business permit shall be affixed with the seal of the issuing authorities.
The Ministry of Industry and Information Technology may, based on the actual circumstances, adjust the contents of business permits and announce the adjustments.
Article 14 The validity period of a “Basic Telecommunications Business Permit” shall be five years or 10 years, depending on the type of telecommunications business.A “Cross-locality Value-add Telecommunications Business Permit”, or a “Value-add Telecommunications Business Permit” for operation within a province, an autonomous region or a centrally-administered municipality, is valid for five years.
Article 15 A business permit shall be collected by the company’s legal representative, or by a staff member appointed by the company on presentation of the letter of authorization.
Chapter 4 Use of Business Permits
Article 16 A telecommunications business operator shall undertake telecommunications business based on the type of telecommunications business, within the scope of business coverage stated in the business permit, and pursuant to the provisions of the business permit.A telecommunications business operator shall state its business permit serial number prominently at the company’s main business premises, on the home page of its website, and in its business promotion materials etc.
Article 17 Telecommunications business operators approved to undertake radio communication business shall, pursuant to the relevant State provisions on radio communication administration, present their business permit to apply to the radio communication administrative authorities for a radio communication frequency usage permit.
Article 18 Upon approval by the issuing authorities, a telecommunications business operator may authorize a company in which it holds not less than 51% of shares (include direct holding and indirect holding) which satisfy the criteria for undertaking of telecommunications business, to operate the telecommunications business for which it has obtained approval. The issuing authorities shall state in the business permit of the telecommunications business operator, the names of the authorized company, its legal representative, type of business, scope of business coverage etc.A company which has obtained approval for operation of cross-locality basic telecommunications business shall not authorize two or more companies in a locality to operate the same basic telecommunications business.
Article 19 No organisation or individual shall forge, alter, make fraudulent use or transfer business permits in any manner.
Chapter 5 Code of Business Conduct
Article 20 Operators of basic telecommunications business shall, pursuant to the principles of transparency and equality, provide the requisite telecommunications services and telecommunications resources for operation of telecommunications business, to telecommunications business operators which have obtained a business permit, and shall not provide telecommunications resources, network access or business access services for operation of telecommunications business to organizations or individuals that do not have a business permit.
Article 21 Telecommunications business operators shall not engage in unfair competition in any manner.
Article 22 Operators of basic telecommunications business providing network access, fee collection and business cooperation services for operators of value-add telecommunications business shall standardize and manage the contents, fee collection, cooperation etc of the corresponding value-add business operators, and establish the corresponding discovery, supervision and handling system and measures.
Article 23 Operators of basic telecommunications business shall seek the opinion of the relevant operators of value-add telecommunications business, before adjusting the cooperation criteria with the operators of value-add telecommunications business. Information and records on seeking the relevant opinions shall be kept and provided when the telecommunications administrative authorities carry out supervision and inspection.
Article 24 Operators of value-add telecommunications business providing access services shall comply with the following provisions:
(1) shall carry out business activities using telecommunication services or telecommunication resources leased by operators of basic telecommunications business which have obtained the relevant business permit, and shall not sub-lease such telecommunication services or telecommunication resources to other operators of value-add telecommunications business which provide access services;
(2) shall require users to provide true identity information for verification, when processing access service formalities for the users;
(3) shall not provide access or fee collection services etc for organizations or individuals that have not obtained a business permit pursuant to the law, or organizations or individuals that have not performed filing formalities for non-commercial Internet information services;
(4) shall establish the relevant business management system pursuant to the provisions of the telecommunications administrative authorities, materialize linkup with the corresponding system of the telecommunications administrative authorities as required, and submit the relevant business management information on a regular basis;
(5) shall supervise any act of transmission of illegal information by websites which access its network; upon discovering that information stipulated in Article 56 of the Telecommunications Regulations of the People’s Republic of China is transmitted, the telecommunications business operator shall forthwith stop providing access and fee collection services etc, retain the relevant records and report to the relevant State agency; and
(6) terminate or suspend access to illegal websites in accordance with the requirements of the telecommunications administrative authorities.
Article 25 The telecommunications administrative authorities shall establish a telecommunications business market monitoring system. The relevant telecommunications business operators shall report the relevant monitoring information to the telecommunications administrative authorities.
Article 26 Telecommunications business operators shall, pursuant to the provisions of the State and the telecommunications administrative authorities, specify the corresponding network and information security administrative authorities, employ full-time network and information security administration personnel, establish systems for network and information security protection, network security protection, monitoring and handling of illegal information, assessment of new business security, network security monitoring and warning, emergency response, user information security protection etc, and be equipped with the relevant technical protection measures.
Chapter 6 Change, Cancellation, Revocation and De-registration of Business Permits
Article 27 Where a business operator intends to continue operating upon expiry of the validity period of the business permit, it shall apply for renewal of business permit to the original issuing authorities 90 days beforehand; where a business operator does not intend to continue operating, it shall report to the original issuing authorities 90 days beforehand, and carry out the wrap-up work.Where a business operator does not apply for renewal of business permit within the time frame stipulated in the preceding paragraph, or does not commence telecommunications business within the validity period of the business permit, the business permit shall not be renewed after its expiry.
Article 28 Where a telecommunications business operator or its authorized company undergoes merger or division, change in shareholders etc which result in change of operating entity, or in the event of change of business scope, an application shall be submitted to the original issuing authorities within 30 days from the date of decision by the company. For change of operating entity or change of shareholders, the telecommunications business operator shall comply with the relevant provisions of Article 5, Article 6, and the third paragraph of Article 9 of these Measures.
Article 29 For change of company name, legal representative or registered capital during the validity period of the business permit, the telecommunications business operator shall apply to the original issuing authorities for change of telecommunications business permit, within 30 days from completion of industrial and commercial registration change formalities.
Article 30 Where a telecommunications business operator intends to terminate operation during the validity period of the business permit, it shall satisfy the following criteria:
(1) for termination of basic telecommunications business, the business operator shall comply with the overall layout for administration of telecommunications sector determined by telecommunications administrative authorities; and
(2) it has a feasible plan for handling user termination, and has dealt with user termination issues properly.
Article 31 Where a telecommunications business operator intends to terminate operation during the validity period of the business permit, it shall submit the following application materials to the original issuing authorities:
(1) a written application for termination of telecommunications business signed and sealed by the company’s legal representative, the contents of which shall include: company name, contact details, business permit serial number, type of telecommunications business to be terminated, scope of business coverage etc;
(2) the resolution of the company shareholders’ meeting or shareholders’ general meeting on consent to termination of telecommunications business;
(3) a letter of undertaking signed by the company’s legal representative to carry out user termination work properly;
(4) company statement on handling user termination issues, the contents of which shall include: user termination plan, explanation on public announcement, compilation of user opinions, implementation plan etc; and
(5) original copy of the company’s business permit, and photocopy of business license.
The original issuing authorities shall make a public announcement upon receipt of an application for termination of telecommunications business, and the announcement period shall be 30 days. The original issuing authorities shall complete examination and decide on approval or non-approval within 60 days from expiry of the announcement period. Where the applicant satisfies the criteria for termination of telecommunications business, the original issuing authorities shall approve the application, take back and de-register the telecommunications business permit, or de-register the relevant type of telecommunications business and scope of business coverage; where the applicant does not satisfy the criteria for termination of telecommunications business, the original issuing authorities shall not approve the application, and shall notify the applicant in writing and state the reason.
Article 32 Under any of the following circumstances, the issuing authorities or the higher-level authorities may cancel the business permit:
(1) the personnel of the issuing authorities have abused official powers or committed dereliction of duties in the process of making the decision to issue the administrative permit;
(2) the decision to issue the administrative permit is made ultra vires or in violation of statutory procedures;
(3) the business permit is issued when the applicant does not satisfy the application qualification or does not comply with the application criteria; or
(4) any other circumstances where the business permit may be cancelled pursuant to the law.
Article 33 Under any of the following circumstances, the issuing authorities shall de-register the business permit:
(1) the telecommunications business operator is terminated pursuant to the law;
(2) the business permit is not renewed upon expiry of the validity period;
(3) the telecommunications business operator is punished by the relevant authorities or due to a force-majeure event, the business operator is unable to implement the matters stated in the telecommunications business permit;
(4) the business permit is cancelled or revoked pursuant to the law; or
(5) any other circumstances where the business permit is required to be de-registered pursuant to the provisions of laws and regulations.
Article 34 Upon revocation, cancellation or de-registration of the business permit of a telecommunications business operator, the issuing authorities shall make an announcement.Where the business permit of a telecommunications business operator is revoked, cancelled or de-registered, the business operator shall carry out the wrap-up work properly pursuant to the relevant provisions of the State.
Where the business permit is revoked, cancelled or de-registered, it shall be returned to the original issuing authorities.
Chapter 7 Supervision and Inspection of Business Permits
Article 35 Telecommunications business operators shall report the following information to the issuing authorities through the administration platform in the first quarter of every year:
(1) information on telecommunications business operation in the preceding year;
(2) information on network development, business development, and change in staff and organization;
(3) service quality information;
(4) network and information security protection system, and information on implementation of measures;
(5) information on implementation of the relevant provisions of the State and the telecommunications administrative authorities and special matters in the business permit; and
(6) other information required by the issuing authorities to be reported.
Information set out in item (1) to item (3) of the preceding paragraph (except where it involves commercial secrets) shall be announced to the public; the telecommunications business operator may opt to announce the information set out in item (5) and item (6).
Telecommunications business operators shall be responsible for the veracity of the annual report information stipulated in the first paragraph of this Article, and shall not commit fraud or conceal information.
Article 36 The telecommunications administrative authorities shall establish a random inspection mechanism to inspect the annual report information, day-to-day business activities of telecommunications business operators, implementation of the relevant provisions of the State and the telecommunications administrative authorities etc.The telecommunications administrative authorities may inspect documents, conduct onsite inspection, carry out network monitoring etc, and may entrust a third party organization to carry out the inspection work.
Where a telecommunications business operator is found in the random inspection by the telecommunications administrative authorities to have violated the administrative provisions on telecommunications, the telecommunications administrative authorities shall handle the matter pursuant to the law.
Article 37 The telecommunications administrative authorities shall, based on random inspection, day-to-day supervision, and inspection and recording of administrative punishment etc, set up the list of telecommunications business operators with poor management and the list of dishonest telecommunications business operators.The list of telecommunications business operators with poor management and the list of dishonest telecommunications business operators shall be updated through the administration platform regularly and announced to the public.
Article 38 Where the telecommunications administrative authorities discover that a telecommunications business operator has not reported its annual report information pursuant to the provisions of Article 35 of these Measures, the business operator shall be required to report within a stipulated period. Where the telecommunications business operator does not report the annual report information within the time frame stipulated by the telecommunications administrative authorities, it shall be included by the telecommunications administrative authorities into the list of telecommunications business operators with poor management. Where a telecommunications business operator included in the list of telecommunications business operators with poor management pursuant to the provisions of the preceding paragraph has reported its annual report information pursuant to the provisions of these Measures, it shall be removed from the list upon confirmation by the telecommunications administrative authorities.
Article 39 Where a company approved to undertake cross-locality telecommunications business decides to establish, change or close its branch in a province, an autonomous region or a centrally-administered municipality, it shall report the relevant information, through the administration platform, to the original issuing authorities and the telecommunications administrative authorities at the locality within 30 days from the decision.The telecommunications bureau of provinces, autonomous regions and centrally-administered municipalities shall supervise and inspect telecommunications business operation carried out by cross-locality telecommunications business operators at the locality, and report the inspection findings to the Ministry of Industry and Information Technology.
Article 40 Supervision and inspection conducted by the telecommunications administrative authorities shall not hinder normal production and business activities of telecommunications business operators, and no fee shall be collected from telecommunications business operators.
When the telecommunications administrative authorities conduct supervision and inspection, the supervision and inspection findings and action taken shall be recorded, and the records shall be signed by the supervision and inspection officers and then archived.
The telecommunications administrative authorities shall announce supervision and inspection findings through the administration platform.
Article 41 The telecommunications administrative authorities shall announce, through the administration platform, the information of administrative punishment imposed on telecommunications business operators, and circulate the information to the relevant operators of basic telecommunications business and operators of value-add telecommunications business which provide access services.
Article 42 Where a telecommunications business operator is subject to administrative punishment imposed by the telecommunications administrative authorities, the telecommunications administrative authorities shall include the business operator into the list of telecommunications business operators with poor management, within 30 days from the date of decision on administrative punishment; where the business permit of a telecommunications business operator is revoked by the telecommunications administrative authorities, or where the operator should be included directly in the list of dishonest telecommunications business operators pursuant to the provisions of these Measures, it shall be included directly in the list of dishonest telecommunications business operators. Where a telecommunications business operator is included in the list of telecommunications business operators with poor management has not been subject to administrative punishment imposed by the telecommunications administrative authorities again within one year, it shall be removed by the telecommunications administrative authorities from the list; where it is ordered by the telecommunications administrative authorities to suspended operation and make correction, or its business license is revoked, or it falls under any other circumstances stipulated by the Ministry of Industry and Information Technology within a three-year period, the telecommunications administrative authorities shall include the business operator into the list of dishonest telecommunications business operators.
Where a telecommunications business operator is included in the list of dishonest telecommunications business operators, it shall be removed from the list by the telecommunications administrative authorities if the business operator has not been subject to administrative punishment imposed by the telecommunications administrative authorities again over a three-year period.
Where a telecommunications business operator is included or removed from the list of dishonest telecommunications business operators, the key management personnel of the business operator shall also be included or removed from the list.
Article 43 The telecommunications administrative authorities shall implement key supervision on business operators included in the list of telecommunications business operators with poor management and the list of dishonest telecommunications business operators.Operators of basic telecommunications business and operators of value-add telecommunications business providing access services shall take the list of telecommunications business operators with poor management and the list of dishonest telecommunications business operators, as important consideration, when they provide network access, fee collection and business cooperation service to other operators of value-add telecommunications business.
Article 44 Any organization or individual may report to the relevant telecommunications administrative authorities, upon discovery of any violation of administrative provisions on telecommunications which is punishable.
Chapter 8 Legal Liability
Article 45 Where an applicant conceals the relevant information or provides false materials to apply for a telecommunications business permit, the telecommunications administrative authorities shall not accept the application or grant administrative licensing, and shall issue a warning; the applicant shall not apply for the said administrative licensing again within one year. Where an applicant obtains the telecommunications business permit through improper means such as fraud, corruption etc, the telecommunications administrative authorities shall cancel the administrative licensing, issue a warning and include the offender in the list of dishonest telecommunications business operators, and impose a fine ranging from RMB5,000 to RMB30,000 based on the severity of the offense; the applicant shall not apply for the said administrative licensing again within three years; where the case constitutes a criminal offense, criminal liability shall be pursued in accordance with the law.
Article 46 Offenders who undertake telecommunications business without authorization or beyond the approved scope and in violation of the provisions of the first paragraph of Article 16, and the first paragraph of Article 28 of these Measures shall be punished pursuant to the provisions of the Telecommunications Regulations of the People’s Republic of China; where the case is serious and the offender is ordered to suspend operation and make correction, the offender shall be included directly in the list of dishonest telecommunications business operators.
Article 47 Offenders who violate the provisions of Article 19 of these Measures shall be punished pursuant to the provisions of Article 68 of the Telecommunications Regulations of the People’s Republic of China.
Article 48 Offenders who violate the provisions of the second paragraph of Article 4, Article 20, Article 22, Article 23, Article 24, Article 29, Article 31 or the third paragraph of Article 35 shall be ordered by the telecommunications administrative authorities to make correction, be given a warning, and may be subject to a fine ranging from RMB5,000 to RMB30,000.Where the Cybersecurity Law of the People’s Republic of China and the Telecommunications Regulations of the People’s Republic of China stipulate legal liability for the circumstances set out in the preceding paragraph, the telecommunications administrative authorities shall handle the matter pursuant to such provisions.
Article 49 A party concerned who disagrees with a decision on administrative licensing or administrative punishment made by the telecommunications administrative authorities may apply for administrative review or file an administrative lawsuit pursuant to the law.Where a party concerned does not apply for administrative review or file an administrative lawsuit within the stipulated period, and does not perform the decision on administrative punishment, the telecommunications administrative authorities which have made the decision on administrative punishment shall apply for a People’s Court for enforcement, and include the party concerned into the list of dishonest telecommunications business operators.
Article 50 The staff of telecommunications administrative authorities who are guilty of dereliction of duties, abusing official powers or corruption in the course of administration of business permits shall be handed over to the judicial authorities for pursue of criminal liability, if the case constitutes a criminal offense; where the case does not constitute a criminal offense, he/she shall be punished by his/her employer or the higher-level authorities pursuant to the law.
Chapter 9 Supplementary Provisions
Article 51 Business permits shall be printed by the Ministry of Industry and Information Technology on a unified basis.
Article 52 The telecommunications administrative authorities may organise and carry out commercial trial activities for telecommunications business with reference to these Measures.
Article 53 These Measure shall be implemented with effect from 1 September 2017. The Administrative Measures on Telecommunications Business Permits promulgated on 5 March 2009 (Ministry of Industry and Information Technology Order No. 5) shall be repealed simultaneously.