Ministry Of Land And Resources On Amending The Decision Of Administrative Penalty Procedures Of Surveying And Mapping

Original Language Title: 国土资源部关于修改《测绘行政处罚程序规定》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347818.shtml

Ministry of land and resources on amending the decision of administrative penalty procedures of surveying and mapping

    (November 30, 2010, the Ministry makes its 50th release come into force on the date of promulgation) in order to safeguard the Socialist legal system, further improve the legal system of land and resources, decisions of the administrative punishment procedures of surveying and mapping (sbsm, 6th), make the following modifications:

    First, in the 39th "parties from the date of receipt of the written decision on, directly to a Court of competent jurisdiction within the 15th" is amended as "parties or from the date of receipt of the written decision on three months directly to the jurisdiction of the Court".

    Second, the implementation of this decision from the date of publication.

    Of the administrative punishment procedures of surveying and mapping (including attachments) in accordance with this decision be revised accordingly, republished.

    Report: mapping procedure of administrative penalty provisions (revised 2010)

    (January 4, 2000 the Bureau published 6th November 30, 2010, the Ministry of land and resources on modifications of administrative punishment decision amendments to procedures of surveying and mapping)

    Chapter I General provisions

    First in order to regulate and guarantee the surveying and mapping authorities at various levels shall exercise functions, correct implementation of administrative punishments, protect legal rights of surveying and mapping administration law enforcement counterparts in accordance with the People's Republic of China Law on administrative punishment and the People's Republic of China Law on surveying and mapping and the relevant provisions of administrative regulations, this provision is enacted.

    Second citizen, legal person or other organization mapping laws, rules or regulations, administrative penalties according to law by the competent Department of surveying and mapping, these provisions shall apply.

    Article III surveying and mapping authorities impose administrative penalties, must adhere to the following principles:

    (A) fair and openly exercising administrative authority conferred by laws, rules and regulations;

    (B) impose administrative penalties must be according to the laws, regulations and rules, no basis and not subject to administrative penalties;

    (C) impose administrative penalties, it should be clear facts and evidence, given administrative punishment with the violation of the law-facts, nature, circumstances and social harm;

    (D) adhere to the principle of combining punishment with education, education of citizens, legal persons and other organizations consciously abide by.

    Chapter II jurisdiction

    Fourth survey administrative penalties above the county level by violations of jurisdiction of the competent Department of surveying and mapping, otherwise prescribed by laws, rules and regulations, according to regulations.

    Article fifth the following administrative penalties shall be formulated by the competent Department of surveying and mapping administration under the jurisdiction of the case:

    (A) cancel the class-a qualification of surveying and mapping;

    (B) the major mapping of administrative punishment cases nationwide.

    Following administrative punishment cases by violations of the sixth article of the provincial jurisdiction of the surveying and mapping Administration Department is responsible for:

    (A) cancel the Serie b following qualification of surveying and mapping;

    (B) the laws and regulations administered by the provincial Department of surveying and mapping work of surveying and mapping of administrative punishment cases.

    Seventh provincial surveying and mapping Administration Department in accordance with the following articles of provinces, autonomous regions and municipalities within the regulations governing the administration of surveying and mapping of administrative punishment cases.

    Article eighth disputed the jurisdiction and submitted to the parties to the dispute jointly jurisdiction of the competent Department of surveying and mapping on the level specified.

    Chapter III summary procedure

    Summary proceedings of the Nineth article mapping of administrative punishment on the spot you must meet the following conditions:

    (A) the violation minor, the facts are clear, the evidence and impose administrative penalties on statutory basis;

    (B) the administrative penalty is a warning, or below 50 for citizens, legal persons or other organizations of less than 1000 Yuan fine.

    Article tenth of summary proceedings to investigate violations, law enforcement officials shall produce their surveying and mapping administration under the State Council departments or provincial government legal documents issued by administrative law enforcement about illegal facts, record, collect the necessary evidence, fill in the format the written decision of administrative penalty.

    Format the written decision of administrative penalty shall set forth the party's illegal facts basis, penalties, fines, amounts, and shall inform the parties of the right to be heard and right to defend themselves, penalties, time, place, name and seal of the Executive, and signed or sealed by law enforcement personnel.

    11th administrative punishment decision letter should be in the article on the spot the parties and signed by a party or seal.

    12th summary proceedings to investigate case related materials, should be reported to the competent Department of surveying and mapping, where law enforcement officials in the 7th.

    Fourth chapter programs 13th violations of surveying and mapping in the competent Department of surveying and mapping of the area should be given administrative punishments according to law, apart from the summary procedure, must be filed.

    In each case there are at least two contractors, and identified a case officer.

    14th of relationship between sponsor and has a direct interest in the case, should be avoided.

    15th on cases of illegal surveying and mapping has been filed under article, comprehensive, objective and impartial investigation should be carried out.

    Investigation, law enforcement officials shall not less than two persons, and shall produce to the party or person concerned the competent surveying and mapping Administration Department or provincial government law enforcement documents issued by the Department of Legal Affairs.

    16th investigations can take the following approach: ask the parties, witnesses and other persons; check out related materials; to State organs, enterprises, institutions and people's organizations access, collection of documentary materials; to identify specific issues; if necessary, by the relevant on-site inspection and examination staff; the other way permitted by laws and regulations.

    17th ask the parties, witnesses and other persons, shall record and signed by the person being interrogated after the check.

    Check out related materials, parts can be used as evidence, should be copy or excerpt.

    To State organs, enterprises, institutions and people's organizations access, collection of documentary material, must be signed by the provider, and affix its seal.

    To identify specific problems, shall write a conclusion, and signed by the expert witness.

    On-site inspection and examination, inspection and examination of a written record should be, and by being an inquest or examination or witness signatures. Article 18th investigation ends, should be undertaken by a case of people write investigation reports.

    According to the survey results and related laws, rules and regulations put forward opinions, administrative punishment, the competent authority responsible for approval of surveying and mapping.

    The 19th head of the competent Department of surveying and mapping should be illegal facts are clear, the evidence is sufficient, whether legal procedures, applicable laws, rules and regulations review and signing is accurate.

    20th in cases if the case is complex and difficult, and should be made by the competent authority responsible for the collective discussion of surveying and mapping decision.

    21st in administrative punishment decision, the case officer shall inform the party making the facts, reasons and basis for administrative penalty and shall inform the parties of the right to State and to defend themselves. Case officers should fully heed the views of the parties, and to record the views of the parties.

    The facts, reasons and evidence submitted by the parties should review, establishment of the facts, reasons and evidence submitted by the parties, should be adopted.

    22nd cases approved by the competent authority responsible for surveying and mapping or brainstorming, depending on the circumstances, respectively, made the following decision:

    (A) be subject to administrative punishment, depending on the seriousness and circumstances make a specific 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) illegal acts constitute a crime, and transferred to the relevant judicial organs;

    (V) do not belong to the jurisdiction of the Department, transferred to the jurisdiction of the Department.

    23rd survey and mapping departments in accordance with the provisions of article 22nd impose administrative penalties, surveying and mapping format written decision of administrative penalty shall, in accordance with the regulations (see annex) make a written decision of administrative penalty, make a decision of administrative penalty issued by the head of the competent Department of surveying and mapping.

    24th on the violation minor, no administrative penalty or the illegal facts are not established by law and not subject to administrative punishment, made by a case officer written no written decision of administrative penalty and issued by the head of the decision of the competent Department of surveying and mapping.

    Violation constitutes a crime, need to be transferred to the judicial organs, and production transferred to the judicial organs decide, together with case-related materials be transferred to judicial organs for handling.

    No jurisdiction should be transferred to other Department that has jurisdiction in the case, must make the transfer decision, transferred, together with relevant case material to relevant departments.

    25th cases processed, all materials of the case should be filed.

    Chapter fifth hearing procedures

    26th competent Department of surveying and mapping in the following administrative punishment before a decision is made, shall inform the party concerned has the right to require hearings, the Parties requested a hearing, make a decision of administrative penalty of the competent Department of surveying and mapping hearing shall be in accordance with the laws and regulations of the Organization:

    (A) cancel the qualification of surveying and mapping;

    (B) stop stop surveying and mapping activities, map preparation activities;

    (C) confiscation of illegal gains, the confiscation of surveying and mapping results;

    (D) citizen sentenced to more than 1000 Yuan fines, more than 10,000 yuan fine for corporate, provincial or provincial legislative affairs agency of the Government of the amount of the fine otherwise provided or according to regulations.

    The 27th party to request a hearing, it shall inform the competent Department of surveying and mapping in 3rd after proposed.

    28th surveying and mapping authorities shall, before hearing the 7th, notify the parties concerned of the time and place of the hearing.

    In addition to involve State secrets, business secrets or personal privacy, the hearing be held in public. 29th hearing other non-designated by the competent Department of surveying and mapping of the case officer.

    Of the competent Department of surveying and mapping has a legal working body, shall designate the Office of legislative affairs presided over the hearing.

    30th party considers the facilitator and has a direct interest in the case of the right to apply for his withdrawal. Application for withdrawal must be submitted before the end of the hearing, put forward by the parties orally or in writing to the competent Department of surveying and mapping.
    Surveying and mapping authorities think the moderator did not shy away from subject matter need not shy away from, inform the applicant in writing.

31st hearing according to the following sequence: (a) case hosting Party raised illegal facts, evidence, intended to make administrative punishment and its basis;

(B) the parties and their principal-agent State and to defend themselves and can present the appropriate evidence;

(C) be cross-examined, debate;

    (D) hearing in accordance with the cases of employees who consult the last views of the parties, the parties, the order.

    The 32nd record shall be a person responsible for the course of the hearing, after the hearing ended, contractor personnel and the Parties shall sign the record of the case.

    Article 33rd after the end of the hearing, collective discussion by the competent Department of surveying and mapping authority in accordance with the provisions of article 22nd, 23rd, make a decision.

    Article 34th hearing transcripts should be archived.

    The sixth chapter service

    Article 35th of surveying and mapping administration punishment decision letter should be made in the decision on administrative penalty served in the 7th after the person penalized.

    36th surveying and mapping authority administrative punishment decision letter should be sent directly to the person penalized and punished person is a legal person or other organization, its receiving Department sign; I was away, the adult members of their families who live with them or the units signed for I have designated receiver, asked who signed for.

    37th book by punishment refused to accept the decision on administrative penalty, the person concerned should be invited, to explain the situation, rejected by the subject matter and the date written on the certificate of service, signed by the person and witnesses, sending and receiving written decision of administrative penalty Department or the domicile of the person penalized, the service shall be considered. Article 38th in direct service under difficult conditions, and administrative departments can also take the form of mail service survey written decision of administrative penalty.

    Through post office with registered of way will administrative punishment decided book and served back card mailing was punishment people, served time to was punishment people in served back card Shang indicate of received pieces date for served date; registered receipt Shang indicate of received pieces date and served back card Shang indicate of date inconsistent of, or served back card no sent back of, to registered receipt Shang of received pieces date for served date. 39th party refuses to accept the punishment for surveying and mapping Administration may, from the date of receipt of the written decision of administrative penalty, higher competent Department of surveying and mapping applications for reconsideration within 60 days; the parties from the date of receipt of the written decision on three months directly to a Court of competent jurisdiction.

    Party fails to apply for reconsideration or bring a lawsuit, nor performs the decision of administrative penalty, made the decision of the competent Department of surveying and mapping apply to a people's Court for compulsory execution.

    The seventh chapter by-laws

    40th implementation may choose to apply administrative penalties of surveying and mapping to the provisions or the Governments of provinces, autonomous regions and municipalities directly under the administrative penalties procedure.

    41st article this provides that the Bureau is responsible for the interpretation.

    42nd mapping format written decision of administrative penalty provisions of article and this joint publishing, has the same effect.

    43rd these provisions come into effect as of the date.

Annexes: 1. the mapping format written decision of administrative penalty regulation

    2. mapping of the reference text of written decision of administrative penalty

    Appendix 1: survey format written decision of administrative penalty provisions

    Article implementation of the People's Republic of China on administrative punishment law, specification, mapping of administrative penalties imposed to safeguard and supervision of competent Department of surveying and mapping administration according to law, maintain the legal rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China surveying and mapping law and the People's Republic of China on administrative punishment law and relevant laws and regulations, this provision is enacted.

    Second surveying and mapping authorities pursuant to the relevant laws, rules and regulations administrative punishment to citizens, legal persons and other organizations must make a written decision of administrative penalty.

    Article surveying written decision of administrative penalty shall be made by the administrative penalty decisions the competent Department of surveying and mapping of number. Fourth survey written decision of administrative penalty shall state clearly the basic situation of the person penalized.

    Be punished human citizen, its basic information including: name of the person being punished, gender, age, occupation, organization, address, home address; penalties, legal entity or other organization, its basic information including: name, nature, addresses, phone, name and title of legal representative.

Fifth survey written decision of administrative penalty shall state the person penalized in violation of the law, regulations and rules of the main facts and evidence.

The main facts of violations of laws, rules and regulations including: time, place and specific offence and damage results.

    Evidence of violations of laws, rules and regulations, only stated in the written decision of administrative penalty of surveying and mapping of evidence types and names. Sixth after hearing according to law, should be stated in the written decision of administrative penalty relating to the hearing of surveying and mapping.

    Includes: hearing time, place, presenters, participants, conclusion of the hearing, etc.

    Administrative punishment decision letter should confirm that the seventh survey and State violations of nature, damages and shall grant the person penalized what administrative penalties, based on the name, and the specific provisions of the laws, regulations and rules.

    Eighth survey administrative punishment decision letter should provide for the implementation of administrative penalty and the Executive term.

Nineth surveying and mapping Administration refuses to accept the punishment decision letter should clearly inform the person penalized the administrative penalties may apply for administrative reconsideration or bring an administrative suit the specific ways and terms.

Provisions of laws, regulations and rules in accordance with the laws, regulations and rules of the State.

    Legal, and regulations and regulations no clear provides of, should told was punishment people can take following two species way: (a) party on administrative punishment decided refuses to of, can in received mapping administrative punishment decided book of day up 60 days within, to made punishment decided of organ of Shang a level organ application reconsideration; (ii) party also can in received mapping administrative punishment decided book of day up 15th within directly to has jurisdiction right of court prosecution.

    Article tenth of surveying and mapping administration punishment decision letter should be issued by the head of the competent Department of surveying and mapping, giving names and dates of the surveying and mapping authority of administrative penalty, and stamped with the seal of the competent Department of surveying and mapping.

    11th of provinces, autonomous regions and municipalities of surveying and mapping Administration Department can follow in the provinces, autonomous regions, municipalities or Government Legal Department issued relevant administrative punishment decision letter format make written decision of administrative penalty of surveying and mapping. 12th these provisions come into effect as of the date.
    Annex 2: reference text of the written decision of administrative penalty of surveying and mapping

Written decision of administrative penalty of surveying and mapping (summary procedure applicable)
Control no:
┌───────────────────────────────────┐
│对自然人处罚填此栏                                                    │
├──────┬────┬──┬───┬──┬───┬──┬──────┤
│ │ │ The person penalized name sex age │ │ │ │ career │ │
├────┬─┴────┴──┴───┴──┴───┼──┼──────┤
│住    址│                                        │电话│            │
├────┼────────────────────┼──┼──────┤
│所在单位│                                        │电话│            │
└────┴────────────────────┴──┴──────┘
┌───────────────────────────────────┐
│对法人组织处罚填此栏                                                  │
├─────┬───────────────────┬──┬──────┤
│被处罚单位│                                      │性质│            │
│ 名    称 │                                      │    │            │
├─────┼───────────────────┼──┼──────┤
│法定代表人│                                      │电话│            │
│ 姓    名 │                                      │    │            │
├────┬┴───────────────────┼──┼──────┤
│单位地址│                                        │电话│            │
    └────┴────────────────────┴──┴──────┘

The illegal facts are:

时间________________地点__________________________________________

具体违法行为及损害结果________________________________________________

______________________________________________________________________

______________________________________________________________________

Violations of laws, rules and regulations the name ________________________________________

______________________________________________________________________

Decided to offer the following administrative penalties:

1, warning;

2, fine of $ _________ (uppercase).

处罚依据__________________________________________________________

___________________ (Name of specific laws, rules and regulations and provisions)

Penalty payment forms:

1, collected on the spot (20);

2, ________ days of fines to ______________ (Bank).

If it refuses to accept the decision on administrative penalty, you can:

1, within 60 days of receipt of this decision to the ______________ for reconsideration;

2, the date of receipt of this decision in the 15th to a people's Court.

If no application for reconsideration does not bring a lawsuit, and failure to comply with this decision, the Authority reserves the right to apply to the Court for enforcement.

Has made the decision of the competent Department of surveying and mapping (seal)

Year month day

Penalized/units (signature or seal) ____________________________

Law enforcement officers (signature or seal) ____________________________ (Two copies of the book to the present decision, and hand a copy to the person penalized/units, one retained by the decision authority.



Written decision of administrative penalty of surveying and mapping (general application)
Control no:
┌───────────────────────────────────┐
│对自然人处罚填此栏                                                    │
├──────┬─────┬──┬──┬──┬──┬──┬───────┤
│ │ │ The person penalized name sex age │ │ │ │ career │ │
├────┬─┴─────┴──┴──┴──┴──┼──┼───────┤
│住    址│                                      │电话│              │
├────┼───────────────────┼──┼───────┤
│所在单位│                                      │电话│              │
└────┴───────────────────┴──┴───────┘
┌───────────────────────────────────┐
│  对法人组织处罚填此栏                                                │
├───────┬───────────┬──┬────────────┤
│被处罚单位名称│                      │性质│                        │
├───────┼───────────┼──┼────────────┤
│法定代表人姓名│                      │电话│                        │
├────┬──┴───────────┼──┼────────────┤
│单位地址│                            │电话│                        │

└────┴──────────────┴──┴────────────┘

The illegal facts are:

时间_______________地点_______________

Hugh violations and damages __________________________________________

____________________________________________________________________

____________________________________________________________________

Violations of laws, rules and regulations the name ______________________________________

____________________________________________________________________

Conclusion of the hearing:

____________________________________________________________________

____________________________________________________________________
        Decided to offer the following administrative penalties:

1、______________________________________________________________

2、______________________________________________________________

3、______________________________________________________________

处罚依据_________________________________________________________

_____________________________________________________________________

__________________________________ (Name of specific laws, rules and regulations and provisions)

The modalities for the implementation and enforcement of administrative penalty period _____________________________________

_____________________________________________________________________

_____________________________________________________________________

If it refuses to accept the decision on administrative penalty, you can

1, since the __________________________ within 60 days from the date of receipt of this decision may apply for reconsideration; 2, the date of receipt of this decision in the 15th to a people's Court.


    If no application for reconsideration does not bring a lawsuit, and failure to comply with this decision, the Authority reserves the right to apply to the Court for enforcement.
                               ��

Head of the competent Department of surveying and mapping signatures

The authorities made the decision (seal)

Year month day (Two copies of the book to the present decision, and hand a copy to the person penalized/units, one retained by the decision authority. )