Transportation Administrative Law Enforcement Regulations

Original Language Title: 交通运输行政执法证件管理规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347878.shtml

Transportation administrative law enforcement regulations

    (January 4, 2011 Ministry of transport [2011] released 1th come into force on March 1, 2011) Chapter I General provisions

    First to strengthen the transport administrative law enforcement management, regulate the transportation administrative enforcement of law enforcement personnel's qualification, improving the overall quality of transport administrative law enforcement personnel and the level of law enforcement, in accordance with the People's Republic of China on administrative punishment law and other laws and administrative regulations, this provision is enacted.

    Second Transport administrative law enforcement is to achieve transportation administrative enforcement of the legal documents, law engaged in highway and road transport administration, administration of waterway transportation, waterways, ports administration, communications construction engineering quality supervision, maritime administration, transportation administrative enforcement of transportation administrative enforcement of identification. Transportation administrative enforcement of documents including the transport administrative law enforcement certificate and the certificate of maritime administrative law enforcement.

    Personnel engaged in the maritime law enforcement of the maritime administrative law enforcement certificates shall be held, and engaged in other transport enforcement officers shall hold the transport administrative law enforcement certificates.

    Article traffic and Transport Department is responsible for the national certificate of administrative law enforcement management.

    Local transport authorities above the county level shall be responsible for the regional transportation management of administrative documents. Ministry of transport Maritime Bureau is responsible for the management of the maritime administrative law enforcement certificates.

    Yangtze River shipping administration, the Yangtze estuary waterway administration responsible within the terms of reference of the transport administrative law enforcement certificate management.

    Above the county level transportation departments, the Ministry of transport and Maritime Board, the Yangtze River shipping administration, the Yangtze estuary waterway administration of rule of law institutions responsible for implementing transportation administrative enforcement documents management.

    Fourth transportation administrative enforcement certificate format, content, number and production requirements stipulated by the Ministry of transport.

    Article fifth transport administrative law enforcement officers in the execution of their duties, shall show the transport administrative law enforcement certificates.

    Lack of transport administrative law enforcement documents, are not allowed to engage in transportation administrative enforcement.

    Chapter two documents to apply for

    Sixth claim transportation administrative enforcement documents shall participate in the transport administrative law enforcement personnel qualification and training, after the transport administrative law enforcement personnel qualification examinations.

    Article seventh participation in the transport administrative law enforcement personnel qualification training and examination, subject to the following conditions:

    (A) 18 years of age, in good health;

    (B) has a college degree in education series;

    (C) transport official staffing and administrative law enforcement agencies work to be engaged in transportation administrative enforcement;

    (D) good, law-abiding;

    (V) other conditions stipulated by laws, administrative regulations and rules.

    Has held the transport administrative law enforcement certificate but do not meet the provisions of the preceding paragraph (b), (c) conditions of staff, you can apply for the transport administrative law enforcement personnel training and examination for the qualification, obtain the transport administrative law enforcement certificates.

    Eighth the following persons shall not apply for the transport administrative law enforcement personnel qualification training and examinations:

    (A) have been subjected to criminal punishment for crime;

    (B) has been dismissed.

    Article meets one of the following conditions apply for transportation of personnel qualifications of administrative law enforcement, transportation administrative law-enforcement departments at the provincial level, the Ministry of transport and Maritime Board, the Yangtze River shipping administration, the Yangtze estuary waterway administration examination, exemption from participation in transportation administrative enforcement personnel training and examination for the qualification:

    (A) in the legal system or transport administrative law enforcement positions, more than 15 years, and have a university degree or above;

    (B) in legal management or grass-roots law enforcement jobs work more than 10 years, and has a Bachelor of law degree.

    Tenth applied for a transport administrative law enforcement training and examination for the qualification, shall submit to their competent authorities the following application materials:

    (A) the transport administrative law enforcement personnel training and examination for the qualification application form, indicating the basic information of the applicant and the proposed eligibility criteria for participation in training and examination of the appropriate law enforcement category main content;

    (B) the original and copy of the identity card;

    (C) original and copy of the certificate;

    (D) staffing documentation;

    (E) the Organization's letters of recommendation.

    11th Department upon receipt of the application materials, shall, in accordance with the conditions laid down in article seventh and eighth for review.

    Transportation departments above the county level to establish business management, business management agencies to submit the application materials for initial review of appropriate law enforcement category.

    Examination by the competent authority, signed by the heads of the main review comments after and stamped with the official seal, by law enforcement officials and progressive enforcement document management system submitted to the provincial transportation authorities or the Ministry of transport and Maritime Affairs Bureau, the Yangtze River shipping administration, the Yangtze estuary waterway administration.

    12th Ministry of transport was responsible for organizing the national transportation administrative law enforcement personnel training plans, various categories of law enforcement training curricula and teaching material.

    13th Ministry of transport and the provincial transportation authorities, the Ministry of transport and Maritime Board, the Yangtze River shipping administration, the Yangtze estuary waterway administration according to the teaching equipment and facilities, teaching staff and other organizations to choose the transportation administrative enforcement personnel qualifications and training institutions.

    14th transport administrative law enforcement personnel qualifications and training teaching staff should participate in the training organized by the Ministry of transport and qualified personnel, or more than by the provincial Transportation Department, the Ministry of transport and Maritime Board, the Yangtze River shipping administration, the Yangtze estuary waterway administration law approved by experts and professionals with extensive law enforcement experience and a higher level of legal theory.

    15th transportation administrative law enforcement personnel training by the Ministry of transport and the provincial transportation authorities, the Ministry of transport and Maritime Board, the Yangtze River shipping administration, the Yangtze estuary waterway administration is responsible for the implementation in their respective areas of responsibility.

    16th transport administrative law enforcement personnel qualifications and training content should include basic knowledge of the law, transportation law, code of ethics, field practices in law enforcement and military training, including teaching hours not less than 60 hours.

    17th Transport Department is responsible for the Organization, to develop various kinds of transport administrative law enforcement personnel qualification examination outline and examination, and to implement the national transport administrative law enforcement computer network examination for the qualification.

    18th provincial transportation departments, the Ministry of transport and Maritime Board, the Yangtze River shipping administration, the Yangtze estuary waterway administration in charge of organizing the region, transportation administrative enforcement of the system of qualification examination, in accordance with the unified categories respectively propositions of law enforcement, unity, unified scoring system volume.

    Training and examination shall apply for a category of subjects of law enforcement documents.

    19th transport administrative law enforcement personnel qualification examination include the following:

    (A) the basic knowledge of law, including constitutional, legislative, administrative license law, law on administrative punishments, administrative reconsideration law, administrative procedure law and the State compensation law, etc;

    (B) the professional knowledge of the law, including those relating to transportation laws, administrative regulations and Department of transportation rules and laws, administrative rules and regulations closely related to transportation;

    (C) the basic theory of administrative law enforcement and professional expertise, including transport administrative law enforcement code of ethics, law enforcement practices, law enforcement, law enforcement, enforcement of the ban on discipline taboo, law enforcement instruments like;

    (D) prescribed by the Ministry of transport and other relevant knowledge. 20th provincial transportation departments, the Ministry of transport and Maritime Board, the Yangtze River shipping administration, the Yangtze estuary waterway administration qualification should be training and examination of law enforcement officers and law enforcement related information to input document management system, and in this area, the system-wide publicity, publicity for a week at a time.

    No objection during the public, reported to the Ministry of transport for the record review.

    Chapter III documentation and management 21st provincial transport authorities are to the regional transportation administrative enforcement of certificate issuing authorities.

    Ministry of transport Maritime Bureau, the Yangtze River shipping administration, the Yangtze estuary waterway administration is transportation of the system of administrative law enforcement-issuing authority.

    Issuing authority by law enforcement officers and law enforcement documents produced and distributed management system transportation administrative law enforcement certificates.

    22nd holder shall, in accordance with its stated in the transport administrative law enforcement law enforcement category in the statutory duty and engaged in transportation administrative enforcement in the area.

    23rd holder shall properly keep the transport administrative law enforcement documents shall not be damaged, altered or lent to others. Article 24th holders lost transportation administrative enforcement documents shall immediately report to the Department to which it belongs, by their respective competent authorities step by step report to the issuing authority. Truth of the issuing authority audit, 3rd loss statements issued through the media.

    Statement by law enforcement officers and law enforcement documents management system for replacement cards.

    25th transport administrative law enforcement personnel shall have any of the following circumstances, the unit to escalate to the issuing authority, by the issuing authority to remove his transportation administrative enforcement of eligibility and transportation administrative enforcement documents:

    (A) the holder out of the law enforcement units or positions;

    (B) the retirement of the holder;

    (C) other cancellation of transport administrative law enforcement situations.

    The fourth chapter, supervision and accountability

    26th levels of transportation authorities and Ministry of transport Maritime Bureau, Yangtze River shipping administration, the Yangtze estuary waterway Administration should strengthen the supervision and administration of transport administrative law enforcement personnel, and new laws and regulations organize on-the-job training in a timely manner, improve the transport administrative law enforcement personnel, legal awareness, service quality and level of law enforcement.

    27th issuing authority should be based on the annual organization of the region, this system of transport administrative law enforcement personnel enforcement assessment.

    28th transportation administrative law enforcement personnel assessment in four grades:
(A) excellent: outstanding performance, master of law and business, civilized norms of conduct of law enforcement, good professional ethics, discipline is strict, no error of law enforcement;

    (B) eligibility: to complete the task, be familiar with or expertise in law, business, and law enforcement code of conduct, good professional ethics, compliance, discipline, no misjudged intentionally or negligently caused by law enforcement;

    (C) basic qualification: Basic to complete work, General knowledge of law, and basic norms of conduct law enforcement, have certain ethics, misjudged no willful misconduct or gross negligence of law enforcement;

    (D) not qualified: laws, poor service quality, is not suitable for law enforcement work misjudged intentionally or due to gross negligence caused by law enforcement.

    Article 29th-issuing authority of transport administrative law enforcement personnel shall be on-the-job training, results of the annual appraisal time law enforcement and law enforcement document management system, and in this area, the system-wide notifications. Article 30th-issuing authority shall each year according to the results of the annual appraisal of transport administrative law enforcement for years.

    Transportation administrative enforcement personnel assessment grades for excellent, competent, qualified, retained the transport administrative law enforcement personnel qualifications, by the provincial Transportation Department, the Ministry of transport and Maritime Board, the Yangtze River shipping administration, the Yangtze estuary waterway Administration adopted its annual audit of the transport administrative law enforcement.

    Without the issuing authority annual audit of transportation administrative enforcement documents shall automatically cease.

    31st transportation administrative law enforcement personnel shall have one of the following, by the issuing authority to withhold transportation administrative enforcement of decision documents, and collected by the unit to which the documents:

    (A) failed to pass the annual examination grades;

    (B) fails to participate in job training or assessment;

    (C) alter transport administrative law enforcement or transportation administration law enforcement documents lent to others;

    (Iv) other circumstances that warrant the withholding transportation administrative enforcement documents.

    Preceding paragraph are withholding transport administrative law enforcement documents, during the period of suspension shall not be engaged in transportation administrative enforcement activities. Articles 32nd to withhold transportation administrative law enforcement personnel certification bodies should be post training.

    Training examination, return the transport administrative law enforcement.

    33rd transport administrative law enforcement personnel shall have any of the following circumstances, revoked by the issuing authority to the transportation administrative enforcement of decision documents, and above the county level by their transport departments or maritime administrative agencies to collect their certificates:

    (A) subject to criminal punishment, re-education through labour, under administrative detention or expelled;

    (B) use of transportation administrative enforcement powers of personal gain, engage in illegal activities;

    (C) use their posts to receive bribes, abusing power for personal gain and other behavior more than administrative demerit punishment;

    (D) fraud, bribery or other improper means to obtain transportation administrative enforcement documents;

    (E) administrative enforcement action due to law enforcement by administrative proceedings against, administrative reconsideration is revoked, changes, and State compensation, causing serious consequences;

    (F) violation of law enforcement personnel work discipline, resulting in serious negative social impact;

    (VII) assessment grades are not qualified for two consecutive years;

    (H) violations of transportation administrative enforcement of the ban, and in serious cases;

    (IX) other documents of transportation administrative enforcement shall be revoked.

    34th transport administrative law enforcement has been revoked shall not be re-apply for a transportation certificate of administrative law enforcement. 35th transport administrative law enforcement personnel to revoke transport administrative law enforcement is dissatisfied, he can be in the 30th after receiving notification of that revocation to the authority for a review of that decision.

    Investigation team of organ that receives an application for review shall review the applications received within 30th of review decision and notify the applicant in writing.

    Article 36th withholding, revoking the transportation administrative law enforcement documents, provincial Transportation Department, the Ministry of transport and Maritime Board, the Yangtze River shipping administration, the Yangtze estuary waterway Administration should register, and time related information by law enforcement officers and law enforcement management system reported to the Transport Ministry.

    The fifth chapter by-laws 37th article of the regulations come into effect March 1, 2011. Transportation administrative enforcement of the provisions on document management (1997, traffic, 16th) repealed simultaneously.