Administrative Penalties

Original Language Title: 环境行政处罚办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253000.shtml

Administrative penalties

    (January 19, 2010 People's Republic of China Ministry of environmental protection announced as of March 1, 2010, 8th) directory

    Chapter I General provisions

    Chapter II subject and jurisdiction

    Chapter III general procedures

    Section Office

    Section II of investigation and evidence collection

    Third section case review

    Fourth section informing and hearing

    Fifth section dealing with decisions

    The fourth chapter summary

    The fifth chapter Executive

    The sixth chapter closed and archive

    The seventh chapter monitor

    The eighth chapter by-laws

    Chapter I General provisions

    The first "purpose" as the regulatory environment the implementation of administrative punishments, supervision and protection environmental protection authorities exercise their powers to safeguard public interests and social order, and protect the legitimate rights and interests of citizens, legal persons or other organizations, in accordance with the People's Republic of China on administrative punishment law and other relevant laws and regulations, these measures are formulated.

    Article "scope of application" citizens, legal persons or other organizations in violation of environmental protection laws, rules or regulations shall be given administrative punishment, shall, in accordance with the People's Republic of China on administrative punishment law and these rules of procedure.

    Article "combination of punishment and education," enforcement of environmental administrative punishments, insist on combining education with punishment, combining service and management, guidance and education consciously abide by citizens, legal persons or other organizations.

    Article fourth "maintain the legitimate rights and interests of" enforcement of environmental administrative penalty and shall safeguard the legitimate rights and interests of citizens, legal persons and other organizations, about the technological know-how and business secrets of the conservative counterpart.

    Article fifth "investigation isolation" enforcement of environmental administrative penalties and investigation for evidence and decided punishment separately, decided to fine and fines separation requirements.

    Sixth "specification discretion" in the exercise of discretion in administrative punishment must conform to the legislative purpose, and considered the following scenario:

    (A) the offence caused by environmental pollution and ecological damage and social impact;

    (B) the degree of fault of the parties;

    (C) violations of specific ways or means;

    (D) offences against specific objects;

    (V) the party is a first offence or a repeat;

    (Vi) the attitude of the parties to correct violations and corrective measures taken and the results.

    Similar violations of the same or similar circumstances, social harm comparable to the types and range of administrative penalty should be.

    Article seventh "no punishment" offence minor and correct, causes no harmful consequences, no administrative penalties.

    Article eighth "to avoid" any of the following circumstances, cases of contractor personnel should be avoided:

    (A) is a party to the case or the parties concerned close relatives;

    (B) himself or a close relative and has a direct interest in the case;

    (C) laws, regulations or other regulations to avoid.

    Meet the conditions for withdrawal, case contractor shall voluntarily withdraw, the party also has the right to apply for his withdrawal.

    Nineth "law applicable rules" a violation of the parties violated two or more environmental laws, regulations, or the terms shall apply higher effectiveness of the laws, regulations or rules; the power the same may apply to heavier punishment provisions.

    Article tenth "punishments" species "in accordance with laws, administrative regulations and Department rules, punishment of environmental administration types are:

    (A) a warning;

    (B) a fine;

    (C) shall be ordered to suspend production for rectification;

    (D) shall be ordered to suspend production or go out of business, closing;

    (E) suspension, rescission of a license or other license documents;

    (F) the confiscation of illegal gains, the confiscation of unlawful property or things;

    (VII) administrative detention;

    (VIII) other types of administrative punishment and administrative regulations set by law.

    11th "ordered corrective action and continuous violation found" when competent authorities impose administrative penalties for environmental protection, it shall order the party to correct or rectify violations executive order.

    Shall be ordered to correct the expiry, the parties failure to correct, violations are still in a State of continuing or continuously, and can be identified as new environmental violations.

    12th "correction," according to the environmental protection laws, administrative regulations and Department rules, shall be ordered to correct or rectify specific violations executive order form:

    (A) be ordered to stop construction;

    (B) be ordered to stop production;

    (C) be ordered to stop production or use;

    (D) ordered the construction of facilities;

    (E) order to reinstall;

    (F) be ordered to dismantle;

    (VII) be ordered to desist from the illegal act;

    (VIII) ordered to governance;

    (I) the laws, regulations or rules shall be ordered to correct or rectify violations executive order other specific forms. Type and according to the Supreme People's Court on administrative acts regulating administrative cases where provisions of the Executive order is not an administrative punishment.

    Administrative order shall not apply to the procedure of administrative penalty.

    13th "punishment shall not relieve obligations pay sewage charges" enforcement of environmental administrative punishment, shall not relieve the parties the obligation to pay the sewage charges.

    Chapter II subject and jurisdiction

    14th "punishment" environmental protection departments above the county level in the implementation of environmental administrative penalty within the statutory terms of reference.

    By laws, administrative regulations, local regulations, environmental monitoring agencies in authority within the scope of the implementation of environmental administrative punishment, apply the provisions of these measures regarding environmental protection authorities. 15th "principal penalty" within its statutory terms of reference, environmental protection departments may entrust environmental monitoring agencies impose administrative penalties.

    Environmental monitoring agencies entrusted, within the terms of reference, to delegate their punishment on behalf of the environmental protection authorities impose administrative penalties.

    Delegate penalty the competent Department of environmental protection, environmental monitoring body responsible for supervision entrusted the implementation of administrative punishments, and liable for the consequences of the Act.

    16th "external transfer" found outside the jurisdiction of the Department of environmental protection's case, shall, in accordance with the requirements and time frames for the transfer of authority that has jurisdiction.

    Suspected of violating the law should be carried out by the people's Governments shall be ordered to suspend production for rectification, closed, closed cases, the Environmental Protection Department shall initiate an investigation and recommendations put forward the people's Governments at the corresponding level.

    Being illegal administrative detention cases according to law, and transferred to the public security organs.

    Cases of alleged violation of party discipline and administrative discipline, transferred for disciplinary inspection and the supervision departments.

    Cases of alleged crimes, in accordance with the provisions of administrative law-enforcement organs transfer suspected criminal cases and other relevant provisions of transferred to judicial organs, shall not be replaced by administrative penalties to criminal penalties.

    17th "jurisdiction" environmental protection departments above the county level administrative punishment cases the jurisdiction of the administrative environment.

    Pollution caused TRANS-administrative punishment cases by the jurisdiction of the Department of environmental protection where the pollution occurred.

    18th "preferential jurisdiction" two or more environmental protection authorities have jurisdiction over the environment administrative punishment cases, first discovered or first received reports of the Environmental Protection Department's jurisdiction.

    19th "jurisdictional disputes" when the dispute arises over jurisdiction of the administrative punishment cases, common to the parties to the dispute shall be reported to the competent Department of environmental protection at a higher level for designation of jurisdiction.

    20th "designation of jurisdiction" junior environmental protection authorities that the jurisdiction of the significant sanctions, problems or difficulties, you can report it to the competent Department of environmental protection at a higher level designation of jurisdiction.

    Authorities believe that lower the Environmental Protection Department of environmental protection at a higher level the imposition of penalties is difficult or not independent of the exercise of the right, by notice to subordinate environmental protection authorities and parties, you can specify jurisdiction over cases of the lower jurisdiction of the competent Department of environmental protection.

    Superior environmental protection department can refer cases to its jurisdiction has jurisdiction over environmental protection departments at lower levels of administrative punishments.

    Article 21st "internal transfer" does not belong to the jurisdiction of a case should be dealt with by the Department of environmental protection to transfer the jurisdiction.

    Custody of the objection to the jurisdiction of the competent Department of environmental protection, common environmental protection at a higher level shall be submitted to the jurisdiction of the competent authority, shall not be transferred individually.

    Chapter III general procedures

    Section Office

    22nd "condition for filing a case of" environmental protection authorities for alleged violations of environmental laws, violations of the laws and regulations, shall conduct a preliminary examination, and decide whether to file within 7 working days.

    Upon examination, the meet the following four conditions be filed:

    (A) there are suspected violations of environmental protection laws, regulations and rules of behavior;

    (B) according to law or administrative penalty may be imposed;

    (C) belong to the jurisdiction of the authorities; (D) date of violations was found to date is not more than 2 years, except as otherwise provided by law.

    Violations committed in a State of continuous or continue from the ending date of the calculation.

    Article 23rd "revoke a case placed on file" on the case has been filed, according to the new found not in conformity with article 22nd condition for filing a case, shall revoke a case placed on file.

    Article 24th "urgent cases first investigation" of environmental violations requiring immediate investigation, investigation and evidence collection, and decide whether to file within 7 working days and go through the filing procedures.

    25th "examination of the case transferred" after examination, belong to the jurisdiction of the Department of environmental protection, but does not belong to the jurisdiction of the authority, shall transfer the jurisdiction of the Department of environmental protection; belongs to the jurisdiction of the other relevant departments, should be transferred to other departments.

    Section II of investigation and evidence collection

    Article 26th "person responsible for investigation and evidence collection" environmental violations of the Environmental Protection Department for registration, shall designate a person responsible for timely investigation and evidence collection.
27th "assisting the investigation" needs to delegate other environmental protection departments to assist in the investigation and evidence collection, it shall issue a written survey letter.

    Entrusted with the Environmental Protection Department to assist.

    Unable to assist, should will be unable to assist in a timely manner and causes writing to delegate authority.

    28th "investigation to produce documents" survey to obtain evidence, investigators shall be not less than two, China's environmental monitoring and shall show the certificate or other certificate of administrative law enforcement.

    Article 29th "investigating authority" investigators have the right to take the following measures:

    (A) enter the premises to inspect, survey, sampling, sound recordings, photographs, videos;

    (B) asking the parties and related workers, requiring them to explain the related matters and to provide related material;

    (C) the read, copy, record, sewage and other related materials.

    The competent Department of environmental protection organization of environmental monitoring technologies, such as accompanying the survey personnel survey is entitled to take such measures and monitoring, test.

    Article 30th "investigator responsibilities" investigators have the following responsibilities:

    (A) on the basic situation of the parties, illegal facts and dangers, illegal plot of complete, objective, timely and impartial investigations;

    (B) to collect evidence in connection with the case, not by violence, threat, enticement, deceit or other unlawful means of obtaining evidence;

    (C) asking the parties, witnesses or other persons, it shall inform its rights in accordance with law;

    (D) the statements of the parties, witnesses or other persons record.

    31st "parties to cooperate with the investigation" of the parties concerned shall cooperate with the investigation, examination or on-site inspection and answer questions truthfully, and may not refuse or impede, hide or provide false information.

    Article 32nd "evidence category" administrative punishment evidence, including documentary evidence, material evidence and witness testimony, audio and computer data, parties ' statements, monitoring reports and other identification, on-site inspections (investigation) transcripts and other forms.

    Evidence shall conform to the laws, rules and regulations and the provisions of the Supreme People's court evidence relating to administrative law and administrative litigation, and verified as a basis for ascertaining the facts.

    Article 33rd "on-site inspection record" when you check the related articles or sites shall make on-site inspections (investigation) record, which can take pictures, record videos or other means.

    Article 34th "site inspection sampling" needs to sample, shall draw up a sampling record credited to on-site inspection or sampling (survey) record, which can take pictures, video tapes or other recorded samples.

    35th "monitoring reporting requirements," monitoring by the environmental protection authorities, should come up with clear and specific monitoring tasks and required to submit monitoring reports.

    Monitoring report must contain the following particulars:

    (A) the full name of the monitoring body;

    (B) the monitoring body of the national metrological certification mark (CMA) and monitoring font size;

    (C) monitoring project name, client, monitor, monitoring, monitoring methods, instrumentation, test results and other content;

    (D) the preparation of the monitoring report, auditing, issuing officer's signature and seal of the monitoring bodies. Article 36th "online monitoring data for evidence of" Environmental Protection Department can take advantage of online monitoring or other technical means of control to collect evidence of violations.

    The effectiveness of data identified by the Environmental Protection Department, can serve as the basis for law as evidence of the facts.

    37th "field monitoring data for evidence of" environmental protection authorities in the supervision and inspection of units, you can spot sampling, monitoring results as evidence to determine whether emission standard.

    Article 38th "the registration and preservation of evidence" in the case of evidence may be destroyed or lost or difficult to obtain later, approved by the head of this body, investigators can take advance registration and conservation measures.

    The urgency of the situation, investigators can take registration and preservation measures, and then submitted to the Bureau for approval.

    Advanced registration and preservation of evidence, should be counted on the spot, and draw up a clear statement, signed or sealed by the parties and investigators.

    During the antecedent register, evidence shall not be damaged, destroyed or transferred.

    39th "registration and preservation measures and disarmament" for advanced registration and preservation of evidence, and shall, within 7 working days to take the following measures:

    (A) according to records in a timely manner, copy, photos, video and other evidence preservation measures;

    (B) the need to identify, to the identification;

    (C) in accordance with the relevant laws and regulations may seize, temporarily decide sealing up, withholding;

    (Iv) the illegal facts are not established or illegal facts are established according to law should not attachment, temporary suspension or forfeiture, decided to lift the advance registration and conservation measures.

    Not more than 7 business days of making treatment decisions, advance registration and preservation measures lifted.

    40th "according to law, seizure temporarily" implementation of compulsory administrative measures such as sealing up, withholding, there should be clear provisions of laws and regulations, and shall inform the party concerned has the right to apply for administrative reconsideration or bring an administrative suit.

    41st "seized temporarily suspended implementation requirements" sealing up, withholding property of the parties, should be counted on the spot, ordering of listing, by investigators and signed or sealed by the parties.

    Sealing up, withholding of property should be kept properly, is strictly forbidden to use, change, destroyed or sold.

    42nd "seized temporarily disarm" identified the violations unrelated to or no longer needs to take measures of sealing up, withholding, sealing up, withholding measures shall be withdrawn, the sealing up, withholding of property to whoever returned the party and by the investigators and the parties sign or affix their seals on the property list.

    Article 43rd "party and field investigation and evidence collection" Environmental Protection Department of the investigation obtain evidence, a party shall be present.

    Without prejudice to the investigation the following circumstances:

    (A) the presence of the parties refused to;

    (B) the party cannot be found;

    (C) the party refuses to sign or seal or otherwise identified;

    (D) dark check or other means of investigation;

    (E) the other circumstances of the parties is not present.

    44th "investigation ended" any of the following circumstances, can end an investigation:

    (A) the illegal facts are clear, legal formalities, the sufficiency of 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;

    (V) found does not belong to the jurisdiction of the authorities;

    (Vi) other circumstances that should end the investigation according to law.

    Article 45th "case is submitted for examination" end investigations, investigation institutions shall present violations have been identified facts and evidence, preliminary comments, in accordance with the principle of separation of investigation sent the penalty case review of sector reviews.

    Third section case review

    Article 46th "case" case review includes:

    (A) whether the authorities have jurisdiction;

    (B) the illegal facts are clear;

    (C) whether the evidence is conclusive;

    (D) investigation and evidence compliance with the prescribed procedures;

    (E) exceeds the limitations of administrative penalty;

    (Vi) application basis and preliminary comments are legitimate and appropriate.

    47th "supplements or fresh investigation discovery" law unclear facts, insufficient evidence or investigate illegal procedures, shall be returned to the supplementary investigation or investigation again.

    Fourth section informing and hearing

    48th "punishments" informing and hearing "before making a decision of administrative penalty, shall inform the parties of the relevant facts, reasons, based on the statement of the law, the rights of defence and the parties.

    In a suspended or revoked license, large amounts of fines and confiscations, before a big decision on administrative penalty, it shall inform the parties have the right to request hearings. 49th "party to plead" proposed by the Environmental Protection Department on the party facts, reason and evidence to review.

    Establishment of the facts and reasons or evidence submitted by the parties, should be adopted.

    Penalties shall not be a party to plead.

    50th article "implementation of the penalty hearing," administrative punishment hearing according to the relevant regulations.

    Fifth section dealing with decisions

    51st "penalty" after review of the heads, respectively, as follows:

    (A) the illegal facts are established, should be given administrative punishments according to law, according to their seriousness and circumstances, make a decision of administrative penalty;

    (B) the violation minor, no administrative penalty according to law, no administrative penalty;

    (C) meet the 16th one of these measures, transfer of authority.

    52nd "significant collective consideration of the case" case is complex or major violations of administrative punishment, head of the Environmental Protection Department should be considered collective decisions.

    Collective review process should be recorded.

    53rd "decision making" decided to impose administrative penalties, it shall make a written decision of administrative penalty.

    The same parties of two or more environmental violations, you can make a written decision of administrative penalty, could also be included in the same administrative punishment decision letter.

    54th "decision" written decision of administrative penalty shall include the following:

    (A) the basic situation of the party, including party names or name, organization code, license number, address, etc;

    (B) the facts and evidence of the violation of laws, rules or regulations;

    (C) the types of administrative punishments, the basis and reason;

    (D) the method and duration of administrative penalties;

    (E) administrative penalty decision, may apply for administrative reconsideration or bring an administrative suit the ways and terms;
(F) make a decision of administrative penalty decision by the environmental protection department name and date, and with administrative punishment decision the competent Department of environmental protection seal.

    55th "time limit for making the decision," administrative punishment cases of environmental protection shall be filed within 3 months from the date of decision.

    Case hearing, notice, of the processes for monitoring, verification, delivery time is not included in the term.

    56th article "the decision served on the" administrative punishment shall be served on the parties, and optionally CC units and individuals in connection with the case.

    57th "served" administrative punishment instruments can provide direct delivery and retention service, entrust delivered, transmitted mail service, service, service, service of notary or by other means.

    Administrative punishment instrument and file the certificate of service should be used.

    The fourth chapter summary

    Article 58th "application of summary procedure" illegal facts are clear, the minor and has a statutory basis, below 50 for citizens, legal persons or other organizations impose administrative penalties penalty of 1000 Yuan or given a warning, this chapter can apply summary procedure, administrative penalty made on the spot decisions.

    59th "summary procedure" when it made the decision on administrative penalty on the spot, environmental law enforcement officers shall not be less than two and should abide by the following simple procedure:

    (A) law enforcement personnel to providing proof of China's environmental monitoring certificate or other certificate of administrative enforcement;

    (B) to identify parties illegal facts and law of evidence;

    (C) indicate to the parties against the facts, administrative punishment reason and evidence, to be given administrative punishment, tell statements, right to be heard;

    (D) hearing the statements of the parties and representation;

    (V) fill out the order form, make up numbers, stamped with the seal of the competent Department of environmental protection administrative punishment decision letter, signed or sealed by the law enforcement personnel, and deliver the written decision of administrative penalty on parties;

    (F) inform the party refuses to accept the decision on administrative penalty made on the spot, may apply for administrative reconsideration or bring an administrative suit.

    Shall make a written record of the above process.

    Law enforcement officials of the decision on administrative penalty made on the spot, shall, within 3 working days from the date of the decision belongs to the competent Department of environmental protection records.

    The fifth chapter Executive

    60th "decision to perform" the Parties shall, on the written decision of administrative penalty within the time limit, perform the penalty decision.

    Apply for administrative reconsideration or bring an administrative action, and do not stop execution of the decision on administrative penalty.

    61st "applicable to the enforcement of" party fails to apply for administrative reconsideration or bring an administrative lawsuit, nor performs the decision, by the Department of environmental protection has made the decision apply to the people's Court for compulsory execution.

    62nd "enforceable term" apply to a people's Court for compulsory execution shall be in conformity with the Supreme People's Court on implementation of People's Republic of China some interpretation of the provisions of the administrative procedure law, and within the following periods:

    (A) the party after service of the decision on administrative penalty does not apply for administrative reconsideration and not administrative proceedings, beginning 60 days after the date of service of the decision within 180 days;

    (B) the written decision to the parties fail to file an administrative lawsuit after, starting 15th after the date of service of the written reconsideration decision within 180 days;

    (C) after the judgment of first instance administrative appeals had been filed by the parties, in 15th after starting from the date of service of the judgment within 180 days;

    (D) the party did not appeal after the administrative ruling of first instance, at the 10th after starting from the date of service of the decision within 180 days;

    (E) the administration of second instance within 180 days from the date of service of the judgment.

    63rd "were punished after asset reorganization of the Executive parties" committed offences, are punishable by fines, the confiscation of illegal gains or confiscation of unlawful property or things such as punishment, corporate separation, merger or other reorganization, where the bear the legal persons, other organizations of the rights and obligations of the parties as the person subjected to execution.

    64th "extension or in installments to pay the fine" genuine financial hardship, delay or in installments to pay the fine, the Parties shall in the written decision of administrative penalty before the expiry of the term for the payment of, made the decision on the administrative punishment of environmental protection authorities for extension of written application or made in installments. Approved extension or in installments to pay the fine by the parties, it shall make the agreed extension (stage) pay a penalty notice, and sent to the parties and the agency that collects the fine.

    Deferred or phased payment of the last date of the payment not later than the deadline to apply to the people's Court for compulsory execution.

    65th "forfeiture" of illegally confiscated property, should be dealt with in accordance with State regulations.

    Destruction of goods, should be dealt with in accordance with the relevant provisions of the State; not provided, approved by the competent authority responsible for environmental protection, by two or more law enforcement officials supervised the destruction of the environment, and destruction of records.

    Shall draw up a list of processing goods.

    66th "confiscated money turned over to the National Treasury" 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 sixth chapter closed and archive

    67th "close" 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) no administrative penalty shall be performed;

    (D) the administrative penalty decision was revoked;

    (E) the environmental protection department that can be closed in other circumstances.

    68th "archives" closed administrative punishment cases, case filing should be in accordance with the following requirements:

    (A) the case of a volume, files are volume, Vice volume;

    (B) complete all kinds of instruments, complete the procedures;

    (C) writing instruments, pen, pen, or print;

    (D) the file binding should be standardized and orderly, comply with the documentation requirements.

    69th "archive order" are volumes bound in the following order:

    (A) the written decision of administrative penalty and the certificate of service;

    (B) approval filing materials;

    (C) investigation and evidence;

    (D) prior notice of administrative penalty, the hearing notice, hearings and other legal instruments and the certificate of service of the notice;

    (E) the hearing;

    (Vi) property handling materials;

    (G) material;

    (H) the closed material;

    (IX) other related material.

    Pair of volumes bound in the following order:

    (A) the complaint, complaints, reports and other sources;

    (B) the involved materials about the technological know-how and business secrets;

    (C) hearing reports;

    (D) review;

    (E) the collective consideration of the record;

    (F) other relevant material. 70th "case management" files after archiving, no unit or individual shall not modify, increase, taking the case file.

    File storage and access, according to the relevant provisions of the archives management.

    71st "case statistics" statistics system of environmental protection departments shall establish administrative penalties for cases, and in accordance with the provisions of the Environmental Protection Department of environment statistics to the superior authorities submit the administrative punishment of environmental protection.

    The seventh chapter monitor

    72nd "information disclosure" involving State secrets, know-how, trade secrets and personal privacy, administrative punishment shall be open to the public.

    73rd "supervision" superior environmental protection authorities are responsible for the subordinate administrative punishment of environmental protection authorities supervise and inspect the work.

    74th "penalties filing" system of environmental protection departments shall establish administrative penalties for the record.

    Lower environmental protection authorities cases of superior environmental protection authorities supervising the punishment shall, after closing up environmental protection departments in the 20th.

    75th "correction, cancellation or change of" environmental protection authorities received any such complaints and report, or through the ways of recording review, found that subordinate departments in charge of environmental protection administrative punishment decision unlawful or unfair, should urge their correction.

    Environmental protection authorities through administrative review, found that environmental protection departments at lower levels of administrative punishment law or obviously unfair, cancelled or changed. 76th "comments and" for environmental protection departments through case assessment check or otherwise review the administrative punishments.

    Administrative penalty units and individuals that have achieved outstanding successes in work, in accordance with the relevant regulations of the State or local recognition and rewards.

    The eighth chapter by-laws

    77th "illegal gains that" parties all received illegal income deducted directly by the parties reasonable expenditures for business activities, is the proceeds of an offence.

    Laws, regulations, or rules on "illegal income" identified otherwise provides, from its provisions.

    78th "definition of the large amount of fine" referred to in this article 48th "large amounts" fines and confiscation, of citizens was the Reminbi (or equivalent value) more than 5000 Yuan, against a legal person or other organization was the Reminbi (or equivalent value) more than 50000 Yuan.

    Local regulations and local rules on "larger" limits of fines and confiscation of otherwise provides, from its provisions.

    79th "period" during the relevant provisions in the present measures, inter alia indicate the working day (excluding holidays), other natural during day. 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.

    Period shall not include traveling time instruments mailed before the expiration of the administrative punishment, considered within the validity period.

    80th "relevant legislation applicable" other matters not specified in these measures, application of the administrative punishment law, the separation of penalty decisions from collection of penalty implementation measures, and the violations of disciplinary regulations on environmental protection and other relevant laws, regulations and regulatory requirements.

    81st "penalty exception for nuclear safety" nuclear safety supervision and management of the administrative punishment, in accordance with the relevant provisions of the nuclear safety supervision and management.
82nd "effective date" these measures shall take effect on March 1, 2010.

    On August 6, 1999 issued by the State environmental protection administration abrogated in the administrative punishment of environmental protection measures.