Provisions On Administration Of Entry-Exit Inspection And Quarantine Attachment, Arrest

Original Language Title: 出入境检验检疫查封、扣押管理规定

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Provisions on administration of entry-exit inspection and quarantine attachment, arrest

    (June 25, 2008 the State General Administration of quality supervision, inspection and quarantine, the 108th announced as of October 1, 2008) Chapter I General provisions

    First article for specification immigration test quarantine seized, and seized work, maintenance national interests, and social public interests and citizens, and corporate, and other organization of lawful rights and interests of, guarantee test quarantine institutions law perform duties, in accordance with People's Republic of China import and export commodity test method and implementation Ordinance, and People's Republic of China inbound and outbound flora and fauna quarantine method and implementation Ordinance, and People's Republic of China food health method, and State on strengthening food, products security supervision management of special provides of provides, developed this provides.

    Referred to in the provisions of article attachment, arrest refers to the entry-exit inspection and quarantine authorities according to law, verification of administrative coercive measures such as, storage or retention.

    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) is responsible for national entry-exit inspection and quarantine work management and supervision and inspection of the sealing up, distraining.

    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine agency) is responsible for the implementation of the sealing up, distraining.

    Fourth inspection and quarantine institutions of attachment, arrest should be appropriate to the principle of least harming the interests of the parties.

    Five citizens, legal persons or other organizations to the implementation of the inspection and quarantine authorities sealed up or seized, shall have the right, the right to be heard; not satisfied with the inspection and quarantine institutions of attachment, arrest, the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law; cause damage to inspection and quarantine institutions illegal implementation of attachment, arrest, shall have the right to claim compensation.

    Chapter II scope and jurisdiction

    Sixth, one of the following circumstances, the inspection and quarantine agencies can implement attachment, attachment:

    (A) the statutory inspection of import and export commodities by written examination, on-site inspection, sensory examination or evidence after the preliminary tests involving personal or property safety, health, environmental protection projects are not eligible;

    (B) non-statutory inspection of import and export commodities inspection involving personal or property safety, health, environmental protection projects are not eligible;

    (C) does not meet the statutory requirements of import and export food, edible agricultural products and human health and safety-related products, illegal use of raw materials, auxiliary materials, additives, agricultural inputs and tools, equipment used for illegal production;

    (D) the import and export of food, edible agricultural products and human health and safety related products place hazardous to human health and safety hazard;

    (E) in the case of import and export food, the edible agricultural products and human health and safety offences relating to products, associated with the violation of contracts, bills, account books and other relevant materials.

    Inspection and quarantine authorities should implement attachment, arrest, but belongs to the customs or other administrative agencies have been sealed up, distrained, the inspection and quarantine agencies not to implement attachment, attachment, and shall promptly notify the customs or the sealing up, distraining be necessary assistance to other bodies.

    Article seventh sealing up, distraining the violations of inspection and quarantine institutions in accordance with the principle of territorial jurisdiction.

    Inspection and quarantine institutions need to be implemented in different places of attachment, arrest, shall promptly notify the foreign inspection and quarantine institutions, foreign inspection and quarantine institutions shall cooperate with.

    Jurisdiction disputes more than two inspection and quarantine authorities, report to the common parent body to exercise jurisdiction.

    Chapter III procedure

    Article eighth of attachment, arrest procedures, including: gathering evidence materials, reports, approvals, decisions, delivery and implementation.

    Before Nineth implementation of attachment, arrest, shall do evidence collection, evidence gathered and verified.

    Article tenth seizure, seizure of evidentiary material generally includes: field recording sheets, field notes, documents provided by the parties, as well as the site of samples, recording audio and video materials, laboratory inspection records, work records, results of inspection and quarantine certificates and other supporting evidence. Article 11th attachment, arrest former head of inspection and quarantine institutions should be written or oral report, and fill out the implementation of attachment, arrest form, approved by the heads of inspection and quarantine institutions to be implemented.

    Case of major or need to be implemented for a large amount of property seizure, seizure, inspection and quarantine agencies should be decided collectively.

    12th in emergency situations, or not to implement attachment, arrest may lead to serious consequences, the inspection and quarantine agencies in accordance with legal, timely, appropriate and simple and the principle of no heavier burden on parties on the spot to make attachment, arrest decisions, and implement or supervise the implementation.

    13th spot attachment, seizure, inspection and quarantine officers shall go through the relevant procedures in a timely manner. Article 14th sealed up, distrained shall make a written decision on the sealing up, distraining.

    The attachment, attachment of decision shall set out the following:

    (A) the name or title, address;

    (B) the attachment, seizure of the facts, grounds, and basis;

    (C) the name, quantity and duration of seizure, seizure of goods;

    (D) apply for administrative reconsideration or bring an administrative suit the ways and terms;

    (E) the name and seal of the Executive;

    (F) the Chief law enforcement officer's signature and date. Section 15th of the quarantine attachment, attachment of decision shall be promptly communicated to the parties to sign, on the certificate of service by the parties sign or affix their seals, and indicate the date of service.

    The party refuses to sign or seal shall be indicated.

    Article 16th sealing up, distraint shall comply with the following requirements:

    (A) by the administration of inspection and quarantine institutions more law enforcement officers;

    (B) produce their identity documents;

    (C) it shall inform the parties of the implementation of attachment, arrest of reasons, basis as well as the Parties shall enjoy the rights; (D) production recording, filming should be carried out when necessary.

    Records should include: the starting and finishing time, sealing up, distraining implementation sites, after sealing up, distraining State; (E) production of attachment, arrest list.

    Sealing up, distraining list in triplicate by the parties, article custodians and the inspection and quarantine institutions to hold;

    (F) list of field records and seal up, distrain goods by parties and administration of inspection and quarantine personnel to sign or seal, the party was not on the scene or the party refuses to sign or seal, should be invited to witness the scene, explained the situation, be noted in the record; witness refuses to sign or seal, the inspection and quarantine administrative law enforcement personnel shall be noted in the record;

    (VII) affix seals or other expressly adopted the inspection and quarantine agency has implemented sealed up or seized.

    After the implementation of attachment, arrest, needed to produce a certificate of inspection and quarantine, should be in accordance with the regulations issued by the relevant certificate. 17th inspection and quarantine agency shall, within the 30th law seizure, seizure of import and export commodities or other items (place), make a decision. Complex, approved by the head of the inspection and quarantine authorities, you can extend the time period not later than 30th. For shorter shelf life of goods or other goods, shall make a decision within the 7th. Administrative punishment, deadline to comply with the relevant provisions.

    Except as otherwise provided in the terms of law. Need to conduct tests or technical appraisal, tests or technical appraisal included sealing up, distraining deadline. It should be made clear during the tests or technical appraisal, and inform the parties.

    Tests or technical appraisal of costs borne by the inspection and quarantine authorities. Article 18th attachment, attachment of import and export commodities or other items (sites), the inspection and quarantine agencies shall keep, shall not use or damage due to damage caused by improper, compensation shall be made.

    But losses due to force majeure are excluded. Article 19th of import and export commodities or other items seized (sites), the inspection and quarantine agencies to specify the party responsible for the custody, may also appoint a third person responsible for the custody of, the parties concerned shall not be destroyed or transferred or entrusted to a third person.

    The losses caused by the parties, the parties liable; losses caused by entrusted third party, under the inspection and quarantine institutions bear joint and several liability and entrusted to a third person.

    20th acertained that does not relate to personal and property safety, health and environmental protection projects of import and export goods and other items no longer need to implement attachment, (sites), the inspection and quarantine agency shall immediately seal up, distrain, and to make the lift attachment, attachment of decision and served on the party of the lift attachment, arrest list. 21st inspection and quarantine agencies in attachment, arrest has not made a decision within the time limit, sealing up, distraining lifted.

    Import and export of the seized goods or other items, it should be immediately returned to the party.

    The fourth chapter monitor

    Article 22nd seizure, seizure, inspection and quarantine institutions, one of the following circumstances, should be corrected in a timely manner or by a superior inspection and quarantine agencies shall be ordered to correct:

    (A) there is no basis of implementing laws and regulations sealing up, distraining;

    (B) change the way legal attachment, arrest, object, scope, conditions;

    (C) the violation of legal procedures implementing the sealing up, distraining.

    23rd inspection and quarantine authorities in violation of the provisions of article, any of the following circumstances, compensation should be corrected in a timely manner and according to law, if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) an implementation of sealing up, distraining;

    (B) the use of property or damage to sealing up, distraining, cause losses to individuals;

    (C) no refund for items should be returned in accordance with law, cause losses to individuals. 24th inspection and quarantine institutions will seize, retention of seized property, privately divide or disguised privately, by the higher inspection and quarantine agencies or departments concerned shall be recovered.

    If the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    25th functionary to facilitate inspection and quarantine institutions, sealing up, distraining the property for themselves, if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
The fifth chapter by-laws

    26th to the banning of imported animals and plants, their products and other quarantine objects must be sealed with reference to these provisions.

    For coercive measures such as implementation of diagnostic inspection of travellers are not covered by this provision within the adjustment range, shall be separately prescribed by the State administration of quality supervision.

    27th inspection and quarantine attachment, arrest document format developed by the State administration of quality supervision and published on its website.

    28th inspection and quarantine agencies shall establish a sealing up, distraining files and safekeeping, custody period of not less than 2 years.

    Article 29th of this provision by the AQSIQ to interpret. 30th article of the regulations come into force on October 1, 2008.

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