Price Provisions On The Administrative Punishment Procedure

Original Language Title: 价格行政处罚程序规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201305/20130500387544.shtml

Price provisions on the administrative punishment procedure

    (March 6, 2013, national development and Reform Commission released 22nd come into force on July 1, 2013) Chapter I General provisions

    First article for specification price competent sector administrative punishment program, guarantees and supervision price competent sector law exercise terms, protection citizens, and corporate or other organization of lawful rights and interests of, according to People's Republic of China administrative punishment method, and People's Republic of China administrative forced method, and People's Republic of China price method, and People's Republic of China anti-monopoly method, and price violations administrative punishment provides, legal, and administrative regulations, developed this provides.

    Article price departments implement procedures for administrative punishments, these provisions shall apply.

    Article price departments shall, in accordance with laws and regulations, regulations impose administrative penalties.

    Without a legal basis or in compliance with legal procedures, administrative penalty is not valid.

    Fourth Department in charge of price at the time of investigation or inspection in accordance with law, law enforcement officials shall not less than two persons, and shall produce to the party or person concerned administrative law enforcement.

    Article fifth the price administrative departments administrative penalties must be based on the facts, facts, nature and seriousness of the violations and the harm. Article sixth price departments shall establish a sound supervisory system of administrative penalties.

    Superior price administrative departments should strengthen the lower-level Department in charge of price supervision and inspection of administrative penalty.

    Chapter II jurisdiction Article seventh violations of administrative punishment by the price price price administrative departments at and above the county level shall have jurisdiction.

    Except as otherwise provided in laws and administrative regulations.

    Article eighth price administrative departments at the county level price violations that occurred within their jurisdiction (hereinafter referred to as the case), but pursuant to these provisions except those governed by superior Department in charge of price.

    Nineth of provinces, autonomous regions and municipalities (hereinafter provincial) prices Department of jurisdiction of the Division of labour within a specified area, reported to the Department in charge of price under the State Council approval will be announced.

    Tenth Department in charge of price under the State Council jurisdiction in the following cases:

    (A) national economic and social development and major companies within a specific industry (not including subsidiaries, affiliates) cases;

    (B) cases of Central State organs breach charges;

    (Iii) other cases that have major impact on the country.

    11th special inspection of jurisdiction, by the price administrative departments at or above the provincial level when deploying a special inspection to determine.

    12th on the same price-related violations by the parties, two or more competent authorities have jurisdiction, by the first filing of price Department jurisdiction.

    Two or more Department in charge of price disputes over jurisdiction, common prices at a higher level shall be submitted to the jurisdiction of the competent authority. 13th price departments found that the cases should be investigated by the competent departments of the other price shall transfer the case to have jurisdiction over the price departments.

    Transfer price Department of objection to jurisdiction, common prices at a higher level shall be submitted to the jurisdiction of the competent authority, shall not be transferred individually. 14th superior pricing authorities can deal with lower prices directly competent authorities jurisdiction over a case, can also lower price departments investigate and deal with the transfer of cases under their jurisdiction.

    Price transferred jurisdiction of the case shall be submitted to the competent authority responsible for or authorized price supervision and inspection bodies responsible for approval. Lower price departments under their jurisdiction considered necessary by the higher price Department investigated and dealt with the case, you can report to the superior Department in charge of price to determine jurisdiction.

    Pricing departments at higher levels shall from the date of receipt of the report to the material identified in the 10th, fails to reply, as agreed.

    15th price found the cases investigated by the competent Department belongs to the jurisdiction of other administrative bodies, should be transferred to the other relevant administrative organs according to law.

    Department in charge of price find price-related violations alleged to constitute a crime, shall, in accordance with the relevant provisions to transfer the case to the judiciary.

    Chapter III summary procedure

    16th illegal facts are clear and there is a statutory basis, below 50 for citizens, legal persons or other organizations impose administrative penalties penalty of 1000 Yuan or given a warning, and law enforcement officers would be able to make the decision on administrative penalty. 17th administrative penalty made on the spot decision, law enforcement officials should investigate illegal facts on the spot, to collect the necessary evidence, and make a site inspection or inquiry record, fill out the order form, make a number of administrative penalty decision.

    Written decision of administrative penalty shall deliver the party spot.

    Written decision of administrative penalties stipulated in the preceding paragraph shall specify the party illegal, basis of administrative punishment, punishment types, fine amount, payment way, time, location, add a fine standards, remedy, name of the Department in charge of price and signed or sealed by law enforcement personnel. Article 18th law enforcement officials prior to the decision on administrative penalty made on the spot, shall orally inform the party making the facts, reasons and basis for administrative penalty decision, and shall inform the parties of the right to make statements and to defend themselves.

    Establishment of the facts and reasons or evidence submitted by the parties, law enforcement officials should adopt.

    19th of summary proceedings to investigate cases of administrative penalty decision and on-site inspection or inquiry record, law enforcement officials shall report his price departments.

    The fourth chapter general procedures

    Section Office

    20th the price administrative departments shall conduct supervision and inspection of price activity, need to exercise the terms of reference set out in the price law article 34th, issued letters to the citizens, legal persons or other organizations.

    Notice of checks by the competent department or authorized price supervision and inspection agencies issued and stamped with the seal of the authority.

    Except in accordance with the provisions of article 21st can make administrative punishment on the spot, price Department of preliminary investigation or examination revealed suspected illegal pricing, belong to the jurisdiction of the authorities shall be filed.

    22nd law enforcement personnel have one of the following circumstances shall withdraw, the party also has the right to apply for his withdrawal:

    (A) is a near relative of a party or of the case;

    (B) or any of his close relatives and have a stake in this case;

    (C) other relationships with the parties to the case, which may affect the impartial handling of the cases.

    Avoidance of law enforcement personnel, by the price Department head or authorized price supervision and inspection agency heads to determine.

    Section II of investigation and evidence collection

    Article 23rd filing cases, pricing departments must be comprehensive, objective and impartial investigation or inspection, to collect relevant evidence.

    Article 24th evidence include the following:

    (A) documentary evidence;

    (B) physical evidence;

    (C) audio-visual materials, electronic data;

    (D) the testimony of witnesses;

    (E) the statements of the parties;

    (F) expert conclusions;

    (VII) transcripts, field notes.

    Such evidence collection, examination, finds that the evidence established by the Department in charge of price under the State Council shall apply.

    25th Department in charge of price check and price violations relating to the property, operator is found violations at the same time has the following three cases, approved by the head of the price Department, 34th according to the price law, paragraph (c) be ordered to suspend the provisions of the relevant place of business:

    (A) the offence if the case is complicated or the circumstances are serious, identified to be given heavier punishment;

    (B) does not suspend the relevant business, violations will continue;

    (C) does not suspend the relevant business, which may affect the illegal facts are found, take other measures are not sufficient to ensure the identification.

    Moratorium on the relevant place of business shall be restricted in the context of violations relating to the business, independent business shall be included in the scope of suspension.

    26th the price administrative departments may be entrusted to another competent pricing authorities for investigation, evidence, and issue a letter of assist.

    Price Department from units other than the parties read and copy with price violations relating to the contract, invoice, account books, documents, papers and other materials, and can issue a letter of assist. 27th after a law enforcement investigation, shall submit the investigation report on the case.

    Case reports should include the basic situation of the parties, the process of investigation, the illegal facts, evidence, qualitative opinions, should be given administrative punishments according to law and its basis.

    28th pricing departments should be based on the investigation report on the case can be heard, before the main content includes:

    (A) has jurisdiction over the case;

    (Ii) clarity of the basic situation of the parties;

    (C) whether the facts of the case clearly, whether sufficient evidence;

    (D) the accuracy of qualitative;

    (V) the applicable laws and regulations is correct;

    (F) the legality of the program;

    (VII) is ordered to return and the types of punishment, whether it is appropriate.

    Section III hearing of representations, representations and

    Article 29th pricing departments to review the investigation report on the case, before you make a decision of administrative penalty, shall inform the parties in writing proposed administrative penalty decided the facts, reason, and make a decision of administrative penalty according to, and inform the parties legally entitled to representation, to defend themselves right meets the conditions for a hearing, should be informed of the hearing rights.

    Consumers resulting from price-related violations by the parties or other operators to pay more money, pricing departments should also inform the Parties shall return the amount, no refund shall be confiscated, and according to the return conditions to be fine. Article 30th requirement statements, representations of the parties should receive administrative punishment 3rd after prior notification to the competent authorities.

    Fails to put forward by the parties, as a waiver.

    Oral statements, the parties ' representations, price departments shall be recorded and signed or sealed by the parties.
31st the price administrative departments ordered closed, the larger the amount of fines and other administrative penalties before a decision, it shall inform the parties have the right to request hearings.

    Articles 32nd to request a hearing by the Parties shall receive prior notice of administrative penalty in 3rd after hearing an application to the Department in charge of price; fails to put forward, as a waiver.

    Client does not request a hearing, can require statements, representations requirement statements, representations, price departments shall, in accordance with the provisions of article 30th.

    Article 33rd price departments shall organize hearings in the 30th after hearing an application made by the parties, and held a hearing in 7th, notify the parties in writing a hearing time, place, manner and the hearing officer's name.

    Article 34th of the hearing specified by the Department in charge of price non-law enforcement officer in this case. Think that hosts and have a direct interest in the case of, the right to apply for withdrawal.

    Decision by the competent department or authorized price supervision and inspection bodies. 35th party may attend the hearing, may also appoint one or two persons acting.

    Attorney to the hearing shall issue a written power of attorney.

    Parties or their agents not to attend the hearing, or in the process of hearing withdrew from the hearing without moderator approval, waived a hearing.

    Article 36th involve State secrets, business secrets or personal privacy, the hearing shall be held in public.

    Hearings conducted in accordance with the following procedure:

    (A) the host to confirm the identity of the parties or other participants hearing and announce the hearings and discipline, announced the beginning of the hearing;

    (B) the party against the law enforcement officer facts, evidence, intended to make administrative punishment and its basis;

    (C) presentation and argued by the parties;

    (D) law enforcement personnel with the relevant evidence in cross-examination by the parties;

    (V) the party, law enforcement officials in order to make a final statement;

    (Vi) the hearing officer announced the end of the hearing.

    A record shall be kept of the hearing, inerrant hearing the parties sign or seal after party refuses to sign or seal, records people recorded in the transcript of the hearing.

    37th pricing departments should be on the parties in the statement, plea or hearing the facts, reasons and evidence for review, and if necessary, supplementary investigation.

    Establishment of the facts and reasons or evidence submitted by the parties, pricing departments should adopt.

    Price departments shall not be a party statement, penalties or to request a hearing to be heard.

    Fourth penalty decision Article 38th pricing departments to fulfil the provisions set out in section III of the fourth chapter program, before you make a decision of administrative penalty to parties concerned, the consumer resulting from illegal or other operators to pay more money, ordered to return the money within the parties.

    Hard to find consumers that pay more money or other operators, order the Bulletin Search.

    39th head of the price Department will be expected to case investigation reports, statements of the parties and the defence review or hearing, and so on, depending on the circumstances, respectively, made the following decision:

    (A) be subject to administrative punishment of violations, according to the seriousness and circumstances make a decision of administrative penalty;

    (B) no administrative penalty according to law violations or violations minor, no administrative penalty according to law, no administrative penalty;

    (C) illegal facts are not established and not subject to administrative penalties;

    (D) the offence is not discovered within two years, further administrative penalties;

    (V) do not belong to the jurisdiction of the Department in charge of price, transferred to the relevant administrative organs;

    (Vi) illegal act constitutes a crime, transferred to the judicial authorities.

    The preceding paragraph (b), (c), (d), (e) situations, the Department in charge of price should be dismissed.

    40th on a complicated or serious illegal activities of administrative punishment, head of the Department in charge of price should be decided collectively.

    Intricate plot or grave violations of administrative punishment range and brainstorming procedure, stipulated by the price administrative departments at or above the provincial level. 41st price authorities make a decision of administrative penalty, it shall make a written decision of administrative penalty.

    Written decision of administrative penalty shall contain the following particulars:

    (A) the name or title, address 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 on the parties, illegal gains, he decided to add a fine, shall set forth the additional fine standard;

    (Vi) appealed against the decision on administrative penalty relief and deadlines;

    (VII) make a decision of administrative penalty decision on the name of the Department in charge of price and date.

    Written decision of administrative penalty must be sealed with the seal of the Department in charge of price decision of administrative penalty.

    Fifth chapter service and execution

    42nd after the written decision of administrative penalty, price departments shall proclaim the spot after the party or the date of the decision on administrative penalty made in the 7th, in accordance with the relevant provisions of the seventh chapter of the civil procedure law served.

    Delegate service can entrust local pricing departments to serve. Need service, or pricing departments in national newspapers local newspaper notices, while in this sector shall be published on the website.

    After 60 days from the date of announcement, the service shall be considered.

    Price Department administrative penalty served on other relevant instruments, can refer to the above service.

    Article 43rd after the decision on administrative penalty according to law, the Party shall, within the term provided for in the decision on administrative penalty, be fulfilled.

    Party of genuine economic difficulties, need to be deferred or phased payment of fines and contrary to

    Method, apply in writing by the parties and approved by the Department in charge of price can be suspended or made in installments.

    44th party refuses to accept the decision on administrative penalty, shall first apply for administrative reconsideration refuses to accept the decision on administrative reconsideration, administrative litigation can be brought before the people's Court according to law.

    Administrative reconsideration or administrative proceedings, administrative penalty does not stop the execution, except as otherwise provided by law.

    Article 45th price departments of the parties fines, confiscation of illegal income penalty, the Parties shall from the date of receipt of the written decision of administrative penalty in the 15th, to the specified banks and confiscated money.

    Any of the following circumstances, law enforcement officers can collect fines on the spot:

    (A) the administrative penalty decisions are made on the spot, 20 Yuan penalty according to law;

    (B) the administrative penalty decisions are made on the spot, not collected on the spot after the enforcement difficulties;

    (C) on the remote, water and transportation, area, price departments and law-enforcement officials, in accordance with the provisions of article 16th, 39th, 40th, made penalty decisions, there is difficulty in Parties to the designated bank to pay the fine, the Parties propose to collect fines on the spot.

    Law enforcement officers to collect fines on the spot, shall present the provincial financial Department issued ticket.

    Article 46th law enforcement personnel collected on the spot fines, shall from the date of collecting fines within the 2nd, submitted to the Department in charge of price; the water collected on the spot fines shall be from the date of arrival submitted to the Department in charge of price in the 2nd price Department of penalty payment specified in the 2nd Bank.

    47th price Department ordered ordered penalties on the parties, ordered closed the longest period not later than 7th.

    48th party fails to pay the fine, 3% Add a fine in amount of the daily penalty; fails to pay illegal income, daily sum of illegal earnings 2 per thousand plus a fine.

    To add a fine amount shall not exceed the amount of the fines, confiscate the illegal income. 49th parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative suit, nor performs the decision on punishment, made the decision of the price authorities may apply to a court for mandatory enforcement according to law.

    Before the people's Court for compulsory execution of application, price authorities shall, in accordance with the provisions of the administrative enforcement law implementation procedure of publication.

    50th article of any unit and individual have the price violations, if the circumstances are serious, it refuses, pricing departments in addition to shall be given administrative punishments, you can notice the price-related violations, until it is corrected.

    51st under any of the following circumstances, price departments shall be closed:

    (A) of the parties to comply fully with the decision on administrative penalty;

    (B) prices Department apply to a court for mandatory enforcement according to law, people's Court accepted the application of enforcement;

    (C) the other should be closed. 52nd superior pricing departments at lower levels in the Department in charge of price supervision and inspection of administrative penalty, found that lower-level Department in charge of price is definitely incorrect, shall be ordered to correct.

    Lower price departments shall report to the higher prices will be corrected in time authorities.

    The sixth chapter supplementary articles By day, during the 53rd year.

    During the day does not count in the period starting from the day following the calculation.

    Period expires on the last day of a holiday, and holidays during the first day after the expiration date. Period does not include transit time.

    Mailed prior to the expiry of the instrument, is not out of date.

    54th of the provisions in the "upper" and "lower", "inside", "former", are included in this number. 55th on administrative punishment for price fixing procedure, in accordance with the administrative procedure rules against price fixing.

    The administrative procedure provisions against price fixing, not specified, reference to these provisions.

    56th provincial pricing authorities according to the provisions of the implementation details.
57th by the national development and Reform Commission is responsible for the interpretation of these provisions.

    58th article of the regulations come into force on July 1, 2013. The former State Development Planning Commission released on September 20, 2001, the administrative punishment procedure make provision and issued on April 25, 2000, price supervision and inspection under regulations repealed simultaneously.