People's Republic Of China Customs For Simple Cases Of Administrative Penalty Procedures

Original Language Title: 中华人民共和国海关办理行政处罚简单案件程序规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700259003.shtml

People's Republic of China Customs for simple cases of administrative penalty procedures

    (Released March 1, 2010 the General Administration of customs, the 188th come into force on April 1, 2010) first in order to regulate the simple cases of customs administrative punishment procedures, in accordance with the People's Republic of China on administrative punishment law (hereinafter referred to as the law on administrative punishment), the People's Republic of China Customs law and the People's Republic of China implementation of customs administrative punishment Ordinance (hereinafter referred to as the regulations), these provisions are formulated.

    Second simplest case refers to the customs post, express, tubes, bonded goods business as well as other customs supervision, statistics found in the illegal facts are clear, a minor in conflict, field investigations, can issue administrative punishments on the spot told single cases of violations of customs regulations.

    Simple procedures in article III applies to the following cases:

    (A) the applicable section 15th of the regulations carried out first to second;

    (B) the application of the penalties provided for in article 20th to 23rd of processing;

    (C) in violation of customs regulations carrying the money with them, the amount of the equivalent of less than RMB 200,000 yuan;

    (D) cases of other violations of regulations on customs value of goods less than RMB 200,000 yuan, goods value of less than 50,000 yuan. Simple procedures in handling the case of the fourth section applies, the Customs shall inform the party.

    Parties shall submit relevant documents required under the material.

    Simple procedures in handling the case of the fifth section applies, the Customs should be filed on the spot, immediately launched an investigation and evidence gathering.

    After the sixth article customs to conduct on-site investigations, shall inform the single administrative punishment on the spot, and to inform the single administrative penalties referred to the parties or their representatives receipt on the spot.

    Meet the 33rd article of the administrative punishment law provided for simple cases, you can not tell the single administrative penalties.

    Seventh article customs administrative punishment or no administrative penalty decided in accordance with law, shall make and issue written decision of administrative penalty decision or no administrative penalty served on the party or their agent.

    Any of the following circumstances, the Customs may issue written decision of administrative penalty on the spot, and served on the party or their agent on the spot:

    (A) the party was informed of the facts, reasons and evidence without objection, and fill out the Declaration of the right to give statements, representations, hearings;

    (B) the party of customs told the contents of the statements, defence, customs can be reviewed on the spot and the parties to review comments on the spot without objection.

    Eighth article applies a simple procedure cases, customs officers should be issued within 5 working days after placing the case on administrative punishment decision letter.

    Nineth has applied the simple procedures in cases of any of the following circumstances, Customs shall terminate the application of simple procedures, apply the general procedural provisions, and shall inform the parties of:

    (A) the Department identified new illegal facts, that requires further investigation of the case;

    (B) the party of customs told the contents of the statements, defence, customs cannot check on the spot;

    (C) the customs review, refuses to accept the customs review of comments by the parties remain;

    (D) the hearing application to customs.

    In the tenth article of the provisions "", "", including this number.

    11th the provisions interpreted by the General Administration of customs. 12th these provisions come into force on April 1, 2010.