Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201307/20130700389482.shtml
Tourism administrative penalties
(May 12, 2013, the National Tourism Administration announced as of October 1, 2013, 38th) Chapter I General provisions
First to standardize the tourism administrative penalty, maintaining the order of tourism market, protect the legitimate rights and interests of tourists, tour operators and tourism employees, according to the People's Republic of China Law on administrative punishment, the People's Republic of China administrative coercion law and the People's Republic of China tourism law and relevant laws and regulations, these measures are formulated.
Implementation and monitoring of the second tourist administrative penalties, and shall abide by the People's Republic of China Law on administrative punishment, the People's Republic of China administrative enforcement Act and the People's Republic of China Law on tourism and related laws and regulations and these regulations.
Article tourism administrative penalties shall follow the legitimate and reasonable, fair and open, the principle of combining punishment with education.
Fourth tour of administrative penalties include:
(A) a warning;
(B) a fine;
(C) confiscation of illegal income;
(D) suspend or cancel its abroad (border) tourism business management qualifications;
(E) order the rectification;
(F) the temporary suspension or cancellation of the tour guide certificate, certificate of leader;
(VII) travel agency business license withdrawn;
(VIII) other kinds of laws and administrative regulations.
The fifth people's Governments above the county level shall organize tourism authorities, relevant departments and industry and commerce administration, quality supervision, transportation and other related tour operators conduct supervision and inspection of law enforcement agencies.
Tourism authorities above the county level shall, under the leadership of the Organization and the people's Governments at the same level, strengthen law enforcement cooperation and joint inspections with relevant departments.
Local tourism authorities at or above the county level shall gradually establish regional cooperative law-enforcement mechanisms, strengthening law enforcement collaboration, shared travel violations investigated information, and coordinate other regional tourism authorities to local tour operators in China and the implementation of administrative punishments.
Sixth in the administrative penalties, gets involved in commercial secrets or personal privacy, tourism authorities and law enforcement officials should be kept confidential.
Article seventh addition to involve State secrets, business secrets and personal privacy, administrative penalty shall be open to the public.
Chapter II subject of the administrative penalty for tourism and jurisdiction
Article eighth tourism authorities above the county level shall impose administrative penalties within the statutory terms of reference.
Laws and regulations authorize law enforcement agencies engaged in tourism, should be authorized to impose administrative penalties on their behalf within the context and assume legal responsibility for the consequences of acts of independent. Nineth traveling within its statutory terms of reference, departments may delegate supervisory Bureau of tourism quality law enforcement agencies comply with the statutory requirements the implementation of administrative punishments, and liable for the consequences of the Act.
Harry Fox Agency terms of reference in order to make tourism authorities impose administrative penalties on behalf of a delegate.
Tourism authorities entrusted the implementation of administrative punishments shall sign a written power of attorney with the Harry Fox Agency, set forth the name of the Harry Fox Agency, commissioned basis, content, authority and responsibility, tourism departments at the newspaper level and entrusted with the institution name, delegated authority, and to the public.
Delegate the implementation of administrative punishments, you can set the mandates.
Tenth tourism authorities above the county level shall strengthen the construction of administrative law, strengthen the education and training of law enforcement personnel, and comprehensively improve the quality of law enforcement personnel.
National Tourism Administration law enforcement officials should make the documents issued by administrative law enforcement; law enforcement officers of local tourism authorities at or above the county level shall obtain administrative documents issued by the local people's Governments at or above the county level.
11th tour of administrative punishment by the violations of local tourism authorities at or above the county level shall have jurisdiction. Travel agencies organize tours, tourism authorities in dealing with offences of the inbound tour operators, find travel agents in other illegal acts, should the relevant materials or a copy thereof to tours local tourism authorities above the county level.
Travel agencies organizing outbound travel penalties for offences, by travel agents where local tourism authorities at or above the county level shall have jurisdiction.
12th National Tourism Administration are responsible for investigating cases that have major impact on the country.
Tourism authorities of provinces, autonomous regions and municipalities are responsible for investigating the local area within the major and complex cases.
Districts of city and County tourism authorities jurisdiction, determined by the tourism authorities of provinces, autonomous regions and municipalities.
Revoking the travel agency business permits, tour guide, tour permit or Cancel to go abroad (border) tourism business operating qualification of administrative punishment, by the districts of the city-level tourism administrations. 13th tourism authorities finding cases that have been filed does not fall under its jurisdiction, it shall transfer the jurisdiction within the 10th head of Tourism Department or other departments.
Accept transfer of tourism authorities believe that the case does not belong to the jurisdiction of the Department, should be submitted to the next higher tourism authorities designated jurisdiction, shall not be transferred individually.
Illegal act constitutes a crime, shall, in accordance with the provisions of administrative law-enforcement organs transfer suspected criminal cases, to transfer the case to the judicial authorities shall be subject to administrative punishment instead of criminal punishment.
14th two tourism authorities have jurisdiction over administrative punishment cases, governed by the tourism authorities first filed, or consultation by the relevant tourism authorities through consultation, common higher level tourism administrations to exercise jurisdiction.
The 15th tourism authorities of superior tourism authorities have the right to investigate and deal with subordinate jurisdiction over a case, can also transfer the cases under their jurisdiction the lower tourism authorities to investigate.
Tourism authorities at lower levels to its jurisdiction over a case, considers necessary by higher tourism authorities investigated, Tourism Department reported to superiors.
Chapter tourism application of administrative penalty 16th National Tourism Administration to gradually establish and improve the tourism administrative discretion to guide standards.
Tourism administrations at all levels exercise the right of travel of administrative penalty discretion shall consider the following scenario:
(A) the specific ways and means, the degree of the violation or the number;
(B) offences against the harm caused by objects or effects;
(C) the attitude of the parties to correct violations, measures, and effects;
(D) the degree of subjective fault of the parties.
Tourism authorities when the imposition of penalties, the same character, plot similar dangers comparable offences, illegal body similar, types of punishments and penalties should be consistent.
Article 17th of the same illegal act violated two or more laws, rules or regulations, effective preference.
Laws, regulations, rules and regulations can be single or two or more penalties and, can choose to apply provisions and shall not be applicable.
The same offence on the parties, and shall not be given more than two penalties administrative penalties. 18th offence minor and correct, and caused no harm, not to punish.
Offence within 2 years had not been found, and no longer be given administrative punishment, but, except as otherwise provided by law.
The 19th under any of the following circumstances shall be given a lighter or mitigated punishment:
(A) the initiative to eliminate or mitigate harmful consequences for offences;
(B) coercion by others of violations;
(C) to tie in with the authority to investigate violations has performed meritorious service;
(D) other circumstances that shall be given a lighter or mitigated punishment according to law. 20th law enforcement officers at the scene found in inspection violations or administrative punishment, shall order the party to immediately correct the violations.
Cannot be corrected immediately, shall be ordered to rectify, correct within a period of no more than 15th, correcting period the parties should stop related illegal activities. Correction should be made in writing and can be included in the written decision of administrative penalty.
Separate issue a notice of correction, shall state the facts of the violation, and shall be ordered to correct the basis, terms and requirements.
The fourth chapter tours the General procedure of administrative penalty
Section I filing and investigations
21st tourism authorities in supervision and inspection, complaint, complaints or accept the transfer, assigned by the case, found the party's behavior were arrested for breach of laws, rules and regulations, subject to the following conditions, shall be filed within 7 working days:
(A) of the Act may impose administrative penalty;
(B) the jurisdiction of the Department;
(C) limitation of offences has not been accountable.
Filing shall be approved by the case of contractors or the competent authority responsible for tourism.
Complex cases, approved by the agency head, filing period may be extended to 14 days.
22nd tour does not meet the condition for filing a case to the competent authority, shall not be filed; found not to meet the conditions for filing after filing, you should revoke a case placed on file.
No case for real complaints, reports or revoke a case placed on file, shall inform the complainants, informants, and explain the reasons.
23rd when you find travel inspection violations, that evidence was difficult to obtain, investigation and evidence collection, and decide whether to file in the 10th and go through the filing procedures.
24th on the case has been filed, cases of contractors shall designate two or more law enforcement officers to undertake timely investigation and evidence collection.
25th law enforcement personnel have one of the following circumstances shall voluntarily withdraw, the party and its agents have the right to apply for his withdrawal:
(A) is a party to the case or their close relatives;
(B) or any of his close relatives and have a direct interest in the case of;
(C) other relationships with the parties, may affect the impartial law enforcement. 26th must entrust other tourism authorities to assist in the investigation and evidence collection, it shall issue a written survey letter.
Entrusted with the tourism authorities shall assist; justified cannot assist, should be communicated in a timely manner.
27th article of law enforcement personnel in the investigation, examination, the right to take the following measures:
(A) enter the premises for inspection, examination, registration and preservation of evidence, recordings, photographs, videos;
(B) asking the parties and related workers, requiring them to explain the related matters and to provide related material;
(C) access to, copying, business records and other related material.
28th article of law enforcement personnel in the investigation, examination, shall comply with the following requirements:
(A) not less than two persons;
(B) the wearing law enforcement logo, and produce to the party or person concerned law enforcement documents;
(Iii) a comprehensive, objective, timely, impartial investigation into the illegal facts, and harmful consequences of illegal plot;
(D) when asked the Party shall inform its rights in accordance with law; (e) collecting evidence in connection with the case in accordance with law, shall not be induced by fraud, cheating and other illegal means to obtain evidence;
(F) record the statements of the parties, witnesses or other persons;
(G) except in case of need, but should avoid delays tour.
29th tour administrative punishment evidence including statements of the parties and justified, witness testimony, field notes, transcripts, interrogation, hearing transcripts, expert opinion, audiovisual materials, electronic data and documentary evidence, material evidence, and so on.
According to evidence of facts shall be lawfully obtained and verified.
Transferred tourism authority or a designated jurisdiction over a case, made in the original case should be handled according to law to verify the evidence. Article 30th law enforcement officers when the on-site inspection, Inspector, shall inform the party scene, you can take pictures, video tapes or other recorded the scene and make a written record of, set forth the time, place and event content. Unable to find a party, the parties refuse to or signed and sealed on the record, you should indicate the reason.
With its relatives, the unit staff or grass-roots organizations, other people at the scene, may be signed by the other. The 31st when law enforcement officers asked the parties and persons concerned, should be carried out separately, and interrogation, by law enforcement officers, interrogated, presenters, speakers signature or seal.
An inquiry record can correspond to only one person questioned, statements or talk to people.
Article 32nd law enforcement officers should collect or obtain in connection with the case of documentary evidence, material evidence and audio-visual material and source documents such as electronic data as evidence, there is difficulty in taking the original evidence, can extract the appropriate copies, copies of excerpts, photos, or videos.
Documentary evidence shall be subject to checking with the original and correct, indicate the source of documents and evidence, provided by the evidence and law enforcement personnel to sign or seal evidence provider refuses to sign or seal, you should indicate the reason. 33rd after that evidence may be destroyed or lost or difficult to obtain case, approved by the competent authority responsible for tourism, and antecedent register law enforcement personnel can take measures to transfer and save.
Transfer of law enforcement personnel to save or not, can be preserved.
The urgency of the situation, law enforcement officers can take registration and preservation measures, and then submitted to the approval of the competent authority responsible for tourism.
Advanced registration and preservation of relevant evidence, shall issue a written decision on the registration and preservation of evidence, stated the first name of the registration and preservation of evidence, unit, quantity, and save content such as place, time, request served on the parties concerned.
Article 34th for advanced registration and preservation of evidence, shall take the following measures within the 7th:
(A) records in a timely manner, copy, photo, video, notarial evidence preservation measures;
(B) the need to identify, to the identification. Tourism authorities shall, before the expiry, and antecedent register measures lifted.
Transfer saves, shall be returned to the parties.
35th under any of the following circumstances, can end an investigation:
(A) the illegal facts are clear and sufficient evidence;
(B) the illegal facts are not established;
(C) as the natural death of the parties;
(D) as a party to a legal person or other organizations terminated, not person or any other organization to sustain its rights and obligations, and no other person can be traced;
(E) other circumstances that should end the investigation according to law.
Following the end of investigations of violations should be punished, law enforcement officials should come up with recommendations on administrative punishments, and reported cases of contractors or the approval of the competent authority responsible for tourism; no punishment or be exempted from punishment, reported cases of contractors or after the approval of the competent authority responsible for tourism, and termination cases.
Section II informing and hearing
36th tourism authorities before the decision on administrative penalty is made, shall be made in writing and shall inform the parties of the administrative punishment decision facts, reasons, according to the statement, and the Parties shall have the right to be heard.
Tourism departments may breach nature, circumstances and dangers, and subjective factors, and select a type of punishment, and so on, make instructions to the parties. 37th tourism authorities should be fully heard statements of the parties and to defend themselves and make a written record, the facts, reasons and evidence submitted by the parties, should be reviewed.
Establishment of the facts and reasons or evidence submitted by the parties, should be adopted is not inadmissible, shall indicate to the parties the reasons.
Tourism authorities not aggravating because of the parties ' representations.
Article 38th tourism authorities make large amount of fine, confiscation of large amounts of illegal gains, elimination of going abroad (border) tourism business management qualifications, shall order rectification, revoking the travel agency business licenses, guides certificate or team leader certificate before the decision on administrative penalty shall in writing inform the parties have the right to apply for a hearing.
Told of hearing shall contain the proposed hearing application deadline, did not apply the legal consequences according to schedule, and the tourism authorities accepts the application for hearing the name, address, and so on.
First mentioned in large amounts to citizens for more than 10,000 yuan, legal persons or other organizations for more than 50,000 yuan; provisions of local people's Congress and its Standing Committee and local people's Governments, and from its provisions.
39th hearing shall follow the principle of openness, fairness and efficiency, and protect the legitimate rights and interests of the parties.
In addition to State secrets, business secrets or personal privacy is involved, a hearing shall be public.
40th parties to request a hearing, shall upon receipt of the hearing notice of administrative penalty in 3rd, make application to the Department of hearing.
Tourism authorities upon receipt of the application and hearing shall be held in the 30th, and in a hearing before the 7th, time and place of the hearing will be held, presenters, as well as the parties may apply for a hearing to avoid, open, extension agent, give evidence and other matters, and notify the parties in writing.
The applicant is not a party to the case, the party does not submit an application within the prescribed time, or there are other circumstances that do not meet the hearing conditions, tourism authorities can not hold a hearing, it shall indicate to the applicant the reasons.
41st same travel administrative punishment cases where two or more parties bring forward the hearing of applications, you can merge hearings; part of hearing an application made by the parties, only for that part of the hearing the parties concerned.
42nd the Parties shall attend the hearing as scheduled, fails to attend the hearing without prior explanation, waived a hearing rights. Parties have a legitimate reason to ask for an extension, once approved by the contractors in charge of the hearing may be postponed, and notify the participants in the hearing.
Extension of no more than 15th. 43rd hearing should be contracting out by the Tourism Department in charge of Legal Affairs. Hearing by a moderator and a number of hearing organizations, or by the host organization.
The presiding hearer, hearing officers, the Court Clerk shall be specified by the competent authority responsible for tourism of non-investigation of the case officer.
Hearing cases involving the expertise, you can invite relevant experts to serve as hearing officer. Participants in the hearing by the investigators of the case, the parties, and with the handling of the case has a direct stake in the outcome of the third party and its authorized agents, and other components.
Public hearing to be held, citizens, legal persons or other organizations may apply to participate in the trial.
Think the presiding hearer, hearing the parties or the court clerk and has a direct interest in the case, is entitled to applying for withdrawal to the tourism authorities.
44th in hearings, the parties have the following rights:
(A) the facts of the case, the applicable law and related matters of presentation and representation;
(B) raised by the investigators of the case evidence and to present new evidence;
(C) check the hearing transcripts, consult the files according to law related materials.
Parties, the investigators of the case, the third party, the witness evidence, the cross-examination should be objective, true, stating the facts of the case and answer the moderator's questions truthfully, comply with the hearing disciplines. Hearing the right to participate in the debate to stop improper people, maintain the normal hearing process.
Bystander violates the hearing disciplines and participants in the hearing, the hearing officer may be warned, the circumstances are especially serious, can be ordered to exit the venue.
45th hearing should be conducted according to the following procedure:
(A) the hearing officer asks to verify the investigators of the case and the identity of the parties to the hearing and the third party, announced that the purpose of the hearing, the meeting rules, notes, the rights and obligations of the parties, describes hearing, hearing officer and clerk, asked whether the parties, third party application for withdrawal, announced the beginning of the hearing;
(B) the investigators as the Parties present illegal facts and refer the evidence to the hearing, penalties based on;
(C) the Parties present the facts of the case and justified, submit relevant evidence;
(Iv) any third party facts and reasons for its request, submit evidence;
(E) investigators, parties and a third party evidence to cross-examination, the hearing officer to verify important facts and evidence;
(F) investigators, parties and third persons and facts related to the case, the reason for punishment and the basis for debate;
(VII) investigators, parties and a third party to make a final statement;
(H) the host announced the end of the hearing.
Shall make a written record of the hearing process, the investigators of the case, the parties and the third party shall check hearing after the end of the hearing, confirm and sign or seal. Article 46th presider think during the hearing raised new facts, grounds, and basis pending further investigation and verification or identification, you can cancel the hearing and notify the participants in the hearing.
After investigation and verification or identification, after hearing shall be restored.
47th under any of the following circumstances, termination hearing:
(A) the applicant withdraws the application of hearing;
(B) the applicant does not attend the hearing, the hearing without good reason leave without authorization or serious violation hearing disciplinary hearing shall be ordered to leave;
(C) the hearing shall be terminated in other circumstances.
Hearing hearing process terminated, shall be entered into the hearing record.
48th after the end of the hearing, the hearing officer shall submit to the tourism authorities report hearing and administrative penalty decision to be taken, in accordance with the following comment:
(A) the illegal facts are clear, the evidence is correct, applicable laws, rules and regulations, the punishment fit the proposed punishment;
(B) the illegal facts are clear and sufficient evidence, but error applicable laws, rules and regulations or penalties for the obviously unfair, recommends punishment;
(C) illegal facts are not clear and the evidence is insufficient, or may affect the impartial handling of cases due to violation of legal procedures, proposed separately specified law enforcement investigation.
After the end of the hearing, before the decision on administrative penalty made, law enforcement officers discovered new illegal facts, penalties may be on the parties, shall be in accordance with the provisions of the present article 36th, 40th, perform the hearing and informed decision informing the program again.
49th tour Department hearing costs, included in the departmental administrative costs shall not charge any fee to a client.
Section III reviews and decisions
The 50th after the investigation ends and shall be informed of the case, hearing, administrative penalties need to be made, law enforcement officials should fill in the form of administrative punishment, after approval of the contractors in charge of the case, reported to the approval of the competent authority responsible for tourism.
Tourism authorities should review the findings, according to the following, respectively:
(A) be subject to administrative punishment of violations, according to the seriousness and circumstances make a decision of administrative penalty;
(B) the violation minor, no administrative penalty according to law, no administrative penalty;
(C) illegal facts are not established and not subject to administrative penalties;
(D) the violation constitutes a crime, transferred to the judicial authorities. Complex cases or due to gross violation of giving citizens more than 30,000 yuan fines, legal persons or other organizations of more than 200,000 yuan penalty, cancel abroad (border) tourism business management qualifications, to order the rectification, revoking the travel agency business permits, tour guide card of administrative penalties such as, tour card, head of the tourism authority should be decided collectively.
Local people's congresses and their standing committees or local governments to collectively discuss the situation otherwise provides, from its provisions. 51st decided to impose administrative penalties, it shall make a written decision of administrative penalty.
Tourism administrative punishment decision letter should contain the following elements:
(A) the name or names of the parties, license number, address, contact information, and other basic information;
(B) the facts and evidence of the violation of laws, rules or regulations;
(C) the types and basis for administrative penalty;
(D) the method and duration of administrative penalties;
(E) fails to pay the fine of consequences;
(Vi) administrative penalty decision, may apply for administrative reconsideration or bring an administrative suit the ways and terms;
(VII) make a decision of administrative penalty decision by the tourism authorities of name and date, and affix the seal of the Department.
52nd tour administrative punishment cases shall take a decision within 3 months from the date of filing; case is complex or major, approved by the competent authority responsible for tourism can be prolonged, but not more than 3 months.
Organization of the processes for the hearing of the case, expert evidence and serve documents, as well as the time of application or interpretation of the law, are not included in the term.
53rd tour instruments on administrative punishments shall be served on the parties, and in accordance with the following requirements:
(A) a certificate of service and sent directly to the recipient of the service, by the addressee in the certificate of service received by the stated date and signature or seal;
(B) the person is an individual, I am not living with his adult family members sign and certificate of service specified relationship with the addressee;
(Three) by served people or he of with live adult family refused to received of, served people can invited about grass-roots organizations of representative or about personnel scene, description situation, in served back card upload Ming rejected of causes and date, by served people, and witnesses signature or sealed, put instruments indwelling by served people of residence or transceiver sector, also can put instruments left in by served people of residence, and used photo, and video, way records served process;
(D) the person is a legal person or other organization, should be left to the legal entity's legal representative, other organizations in charge of, or the legal person or organization Office, mailroom staff person responsible for receiving documents signed or sealed, refuses to sign or seal, the application of paragraph (c) retained service provisions;
(E) to the person agreed, you can fax, e-mail, and served to confirm its receipt of instruments outside of the written decision of administrative penalty;
(Vi) the addressee specified agent or the collecting person, could be sent to the agent or receiver signed and shall be commissioned by the parties;
(G) there is difficulty in directly, you can use registered mail service or local tourism authorities charge service, collection agencies after receiving the instrument, it should be immediately sent to the addressee to sign. The addressee is unknown, or previous paragraph cannot be served in the manner prescribed, notices in the domicile of the person the original, or through the press, tourism Web site service, law enforcement officials should indicate on the delivery instruments causes and course.
After 60 days from the date of its announcement, the service shall be considered.
54th tour administrative punishment decision letter should be pronounced the spot after party; without the presence of the parties, tourism authorities shall, in accordance with the provisions of article 53rd, served in the 7th, and optionally CC units and individuals in connection with the case.
55th during processing of the cases, the parties authorized agent, power of attorney should be submitted containing basic information about clients and their agents, delegates and permissions, delegate to a proxy of the starting and ending dates, date and signature or seal. 56th violations to the tourism authorities of non-licensed tour operators in this sector make administrative punishment, according to law to be punished persons illegal facts, processing results to the tourism authorities of the original license.
Cancel abroad (border) tourism business operation or revoke the travel agency business licenses, guides certificate, certificate of leader, tourism authorities of the original permit shall be revoked or renewed license.
Fifth chapter tourism summary procedure in administrative punishment
57th illegal facts are clear, substantiated and there is a statutory basis, below 50 for citizens, legal person or other organization fined 1000 Yuan fine or warning of the tourism administrative penalties may apply summary procedure in this chapter, administrative penalty made on the spot decisions.
58th spot tourism administrative punishment decision, law enforcement officials should make a written record of, and comply with the following requirements:
(A) not less than two persons, and providing proof of administrative law-enforcement documents;
(B) indicate to the parties against the facts, punishment causes and basis and be given administrative penalties;
(C) ask disagrees with the facts of the offence, penalties depending on whether the parties, and shall inform the parties of the statement, the right to plead, listen to the statements of the parties and representation;
(D) order the parties to correct violations, and fill out the order form, make up numbers, stamped with the seal of the tourism authorities of the administrative punishment decision letter, signed or sealed by the parties and by law enforcement personnel, and deliver the written decision of administrative penalty on parties; (E) to collect fines on the spot according to law, parties should be issued by provinces, autonomous regions and municipalities directly under the unified financial sector issued receipts.
Administrative penalty made on the spot decision, law enforcement officials shall, on the date of the decision in the 3rd report to the tourism authorities; spot the fines collected shall be deposited within the prescribed designated bank.
59th penalty decision shall set forth the 51st article content and made the place.
Sixth chapter travel the implementation of administrative punishments
60th party should be determined by written decision of administrative penalty within the time limit, perform the penalty decision; fines shall be from the date of receipt of the written decision of administrative penalty in the 15th, to the designated bank to pay the fine.
Apply for administrative reconsideration or bring an administrative action, and do not stop execution of the decision on administrative penalty, but except in the following circumstances:
(A) the punishment it deems it necessary to suspend;
(B) the administrative body for reconsideration deems it necessary to suspend;
(C) the applicant ceases to perform, the administrative reconsideration organ considers the request to be reasonable decided to stop the execution, or a people's Court considers that execution would cause irreparable loss, stop execution and does not harm the social and public interests, and ruled to suspend;
(D) other circumstances as stipulated by laws and regulations.
61st party fails to perform the penalty decision, the tourism authorities made the decision to take the following measures:
(A) the expiration does not pay the fine, 3% Add a fine in amount of the daily penalty, but add a fine shall not exceed the amount of the fines, (ii) to the tourism authorities have jurisdiction, where the people's Court for compulsory execution.
Apply to a people's Court for compulsory execution of the 62nd article should be submitted within the following time limits:
(A) after service of the decision on administrative penalty, the party does not apply for administrative reconsideration or bring an administrative suit, 3 months after the date of service of the written decision within 3 months of starting;
(B) after service of the written reconsideration decision no administrative proceedings by the parties, from the date of service of the reconsideration decision within 3 months of the commencement of the 15th;
(C) the court instituted administrative proceedings against the party's decision, ruling within 3 months from the date of entry into force. 63rd tour before authorities apply to the people's Court for compulsory execution, should urge the parties concerned to meet their obligations.
Notice should be made in writing, and contain the following particulars:
(A) fulfilment of the term;
(B) to fulfil its obligations;
(C) involve money, there should be clear the amount and payment method;
(D) the Parties shall have the right to be heard and right to be heard. Tourism authorities should fully heed the views of the parties, on the facts, reasons and evidence submitted by the parties, should be recorded and reviewed.
Establishment of the facts and reasons or evidence submitted by the parties, should be adopted.
Written notice to the parties after the 10th and failed to perform an obligation, you can apply for enforcement.
64th tourism authorities to the people's Court for compulsory execution, should provide the following materials:
(A) the application for enforcement;
(B) the decision on the penalty decision and the facts, grounds, and basis;
(C) tourism authorities and the statements of the parties or to plead the case of publication;
(D) seeking to enforce the standards;
(V) other materials stipulated by laws and administrative regulations.
Enforcement of the application shall be signed by the head of the Tourism Department, with tourism authorities of the seal, and dated.
65th if they face genuine financial difficulty, delay or in installments to pay the fine shall be determined in administrative punishment decision letter before expiry of the time limit for the payment of, the tourism authorities made the decision on administrative penalty made extension or written application made in installments.
Approved extension or in installments to pay the fine by the parties, it shall make the agreed extension (instalments) penalty notices served on the parties concerned, and shall inform the parties to pay the fine when, shall produce to the collection agency.
Delay, staging to pay the fine, should not be longer than 6 months, or the last date of the payment not later than the deadline to apply to the people's Court for compulsory execution.
66th tour Department and law enforcement personnel shall strictly implement the provisions for separating penalty paid shall not be illegal on its own to collect fines.
Confiscation and forfeiture of the proceeds, should all be turned over to the State Treasury, no unit or individual is allowed to retain, distribute or disguised privately.
The seventh chapter tourism administrative punishment of closing and archiving
67th article has any of the following circumstances shall be closed:
(A) the decision on administrative penalty fulfilled by the parties;
(B) completion of legally enforceable decision of administrative penalty;
(C) exemption from punishment or be exempted from punishment, is required;
(D) the administrative penalty decision was revoked;
(V) tourism authorities believe the other circumstances of the case. 68th case of tourism administrative punishment cases, shall draw up a final report, approval of the contractors in charge of the case.
The final report should include case, source, time of filing, the parties, the main case, case handling, review and action,, Undertaker closed comments on the implementation, and more.
69th tour after administrative punishment case in the 15th, cases of employees who should be filing case materials and meet the following requirements:
(A) the case of a volume;
(B) complete all kinds of documents should be associated with the case, complete the procedures;
(C) writing instruments, pen or pen;
(D) the file binding should be standardized and orderly, comply with the documentation requirements. 70th, Vice volume case file can be divided into volumes.
Main instruments, the external program materials stand volume reporting instructions, group discussion materials, secret documents and other internal procedures for State Deputy of the material volume. Upon completion of the 71st dossier should immediately file a unified archive.
File storage and access, according to the relevant provisions of the archives management, no unit or individual may illegally modify, increase, taking the case file.
Eighth chapter tourism supervision of administrative penalty
72nd tourism administrations at all levels should strengthen supervision over administrative penalties.
Tourism administrations at all levels are responsible for the Department and entrusted by its supervisory Bureau of tourism quality law enforcement agencies implement the administrative penalty practices, supervision, inspection, and redress; superior tourism authorities are responsible for subordinate supervisory Bureau of tourism quality commissioned by the tourism authorities and law enforcement agencies to implement the administrative penalty, supervision, inspection, and redress.
Tourism administrations at all levels Office of Legislative Affairs, and tourism departments at the corresponding level of the Organization, under the leadership of concrete implementation, coordinating and directing the administrative punishments.
Tourism administrations at all levels should establish a legal working body or executive law enforcement supervisors and inspectors.
73rd tour supervision of administrative punishment includes:
(A) the tourism administrative law enforcement entity for compliance;
(Ii) law enforcement personnel and their documents are legitimate and effective;
(C) administrative inspections and whether the administrative penalty in accordance with permission;
(D) timeliness of investigation of violations committed;
(V) the applicable administrative penalties according to whether accurate, specifications; (f) the legality of the types and range of administrative penalty, appropriate;
(G) the legality of the procedure of administrative penalty;
(H) the administrative punishment instruments used are standard;
(I) the major administrative punishment record.
74th supervision of the tourism administrative penalties, you can take regular or irregular manner, through such forms as file comments looks up and on-site inspections; when dealing with complaints, report of the administrative penalty, investigation, inquiry, access to travel-related administrative punishment case files and other materials.
75th levels of supervisory Bureau of tourism quality commissioned by the tourism authorities and the law enforcement agency to perform statutory duties or impose administrative penalties in violation of laws and regulations and these rules, punishment inappropriate, should take the initiative to correct.
Superior tourism authorities in the supervision of the administrative punishment, found lower tourism authorities are not fulfilling their statutory duties, punishment improperly or administrative penalties imposed in violation of laws and regulations and these rules shall be ordered to correct.
76th major tourism and imposed administrative punishment cases filing system.
Local tourism authorities at or above the county level shall make administrative punishment decision, in line with the provisions of the first paragraph of this article 38th of hearing conditions, shall, within the closing date of 15th, copies of the written decision of administrative penalty, level tourism administrations on the record.
The 77th tour work and reporting system in administrative punishment.
Local tourism authorities at or above the county level shall respectively in July of that year and in January the following year, total tourist administrative punishment cases in this area, and tourism administrative punishments of basic situations, problems and suggestions for improvement, and report on its work, a newspaper-level tourism administrations.
Tourism authorities of provinces, autonomous regions and municipalities should be on August 31 of that year and the following year before February 28, summary and summary of cases reported to the national tourism administration.
Article 78th tourism authorities of the administrative review function should perform duties of administrative reconsideration, full-time administrative review officers in accordance with the relevant provisions, in accordance with the law of administrative penalty decision to rescind, change or confirm to ensure correct implementation of laws and regulations, and supervision over administrative punishments. 79th tourism administrations at all levels should establish a sound case of contractors and law enforcement officers in tourist administrative punishment complaint, reporting system, and publish the complaint, telephone hotlines. Complaints and reporting agency shall petition, discipline inspection and supervision and other relevant provisions of complaints, reporting content verification process or to instruct the relevant verification process and handles whistle-blower complaints, informed of the results.
Receiving reports, complaints departments should report, confidentiality of the complainant.
80th tourism administrations at all levels to take organizations evaluation, self evaluation and peer response in cross combination, case comments looks up and listen to the administrative relative person combined, routine annual appraisal and appraisal methods, cases in this sector contractors conducted evaluation of the administrative punishment and law enforcement personnel.
81st on the administrative punishment made remarkable achievements and contributions to the units and individuals, tourism authorities in accordance with national or local regulations for recognition and reward.
Tourism Administration of any of the following acts by law enforcement officials, shall be given administrative sanctions by the appointment and removal, monitoring authority constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) does not perform law enforcement duties;
(B) abuse of power, favoritism;
(C) other acts of misfeasance, malfeasance.
The Nineth chapter supplementary articles 82nd relevant period herein provided, apart from the provisions of the article 21st, are calculated according to the nature. Period start date are not counted. Period expires on the last day of a holiday, and holidays during the first day after the expiration date.
Instruments in the mail prior to the expiration of the administrative punishment, considered within the validity period.
83rd article this approach is known as the "upper" include the number or level, called "the following" not including the number itself.
84th of provinces, autonomous regions and municipalities decide centralized exercise of administrative punishment by the other sectors of tourism, its reference to application of these measures of administrative penalty. 85th these measures come into force October 1, 2013.
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