(December 25, 2006 Commission on Science, technology and industry for national defense released 20th as of March 1, 2007) Chapter I General provisions article in order to standardize the administrative penalty is to guarantee the legitimacy of administrative penalty, 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, administrative laws and regulations, these measures are formulated.
    Second Committee on Science, technology and industry for national defense (hereinafter referred to as the Commission) pursuant to laws, administrative regulations, or the rules, to citizens, legal persons and other organizations national defense industrial administrative order administrative penalties, application of this approach.
    Article III administrative penalties shall follow the principles of lawfulness, fairness, openness.
    Article made by citizens, legal persons or other organizations against the Commission of administrative penalties, and shall have the right, the right to be heard; administrative penalties against is entitled to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Citizens, legal persons or other organizations make administrative penalties for Commission of an offence subject to damage, shall have the right to file a claim for compensation.
    Fifth Commission within the scope of their statutory functions and the implementation of administrative punishments.
    The Commission, in accordance with provisions of laws and administrative regulations, or the rules, can be commissioned within its statutory authority in line with the People's Republic of China on administrative penalty law of 18th, 19th, organizing the implementation of administrative punishments prescribed conditions.
    Directly under the Commission of relevant business sectors, and the entrusted organization shall not impose administrative penalties in their own name.
    Chapter II filing contact sixth national defense-related business sectors alleged breaches of national defense science and technology industries order of administration, following a preliminary examination that shall make administrative punishment, submitted to the Committee approved filing and determine the host Department.
    Composition of the seventh host departments shall assign cases to undertake investigation units investigate violations and collect relevant evidence.
    Cases of contractor personnel directly to the parties interested, should be avoided. Article eighth case officers to carry out investigations, shall be not less than two persons, and shall provide the party or the person concerned to produce valid documents.
    Party or person concerned shall assist in the investigation, shall not be obstructed or denied.
    Under investigation knows State secrets, business secrets and personal privacy cases employees confidential.
    Nineth case officers and other relevant personnel on the parties to carry out inquiries or investigation shall make a written record.
    Record shall be recorded in the time, place, information, hosted by the person questioned and cases have been signed or sealed; are asked to request rectification should be allowed.
    Person questioned refuses to sign or seal, the contractor personnel shall be documented in the record of the case. Article tenth of cases employees can request the parties and other persons concerned in the investigation provided related proof materials, materials on related material shall sign or affix their seals.
    Materials provider refuses to sign or seal, the sponsor should indicate this on the materials of the case.
    Article 11th investigation ended, host departments shall make investigation reports.
    Report shall include the following information: (a) the basic situation of the parties, (ii) after investigation and verification of the facts and evidence and (iii) is proposed to be an administrative sanction, no administrative penalty proposal and its legal basis.
    12th proposed to administrative penalties, host departments shall report and related reviewed materials transferred to the Office of Legislative Affairs.
    No administrative penalty, by the host Department approval of the Committee to dismiss the case. Chapter III examines and 13th decision a legal working body shall transfer hosting Department investigation reports and related materials for review.
    Reviews include: (a) whether the statutory jurisdiction; (b) the illegal facts are clear and evidence corroborating the full, legality of investigation and evidence collection procedures, and (iii) determine the nature of violations is accurate and (iv) applicable laws, administrative regulations, or the rules are correct; (e) the types of punishment, are appropriate, (vi) other contents of the law should be reviewed. Article 14th legal working body in the review process, you can ask the host Department for the relevant circumstances of the case an explanation, description.
    If necessary, the Office of legislative affairs directly to the relevant units and personnel survey, to understand the situation. 15th article legal work institutions according to following situation made review views: (a) illegal facts clear, evidence full, qualitative accurate, applies legal, and administrative regulations or regulations right, program legal, punishment type, and range appropriate of, signed agreed views; (ii) illegal facts clear, evidence full, program legal, but determine violations nature not accurate or applies legal, and administrative regulations, and regulations errors of, proposed corrected views, returned hosted sector; (three) illegal facts not clear, evidence insufficient,
    Procedures are not legitimate, corrections, and returned to the host Department and conduct another investigation.
    16th cases adopted by the review of the Office of Legislative Affairs, host departments shall notify the party intends to make a decision of administrative penalty of facts, reasons and legal basis, and the Parties shall have the right to.
    Requirement statements and pleadings by the parties, hosting departments should fully hear views from Parties, to review the situation, not because the parties ' representations and aggravating. 17th to be made more than 30,000 yuan (not including 30,000) fine, order to suspend production, administrative sanctions such as revocation of permit or license, the contractor had hearing rights department shall inform the parties.
    Request a hearing of the parties, shall, within 3 working days after receipt of inform to apply.
    Administrative punishment hearing organized by the Office of Legislative Affairs.
    18th is proposed to be more than 30,000 yuan fine or ordered to suspend production or business or administrative sanctions such as revocation of permit or license, hosting departments will draft administrative punishment decision letter, investigative reports and other relevant material, Director Office meetings to review decisions.
    Proposed warnings, fines and other administrative penalties of less than 30,000 yuan, host Department will draft administrative punishment decision letter, investigative reports and other relevant materials Committee review the decision.
    19th National Defense Committee decided to impose administrative penalty according to law, a legal working body shall make a formal written decision of administrative penalty, served by the host Department is responsible for the party.
    20th administrative penalty decision, Commission-related business shall, in accordance with the People's Republic of China implementation of the relevant provisions of the law on administrative punishments.
    After the completion of administrative punishment decision, legal organizations and contractors should be of timely filing case materials.
    Fourth chapter legal liability article 21st case employees who perform their duties properly, citizens ' personal or property damage and losses caused to a legal person or other organization, criticized by the relevant authorities in serious disciplinary sanction.
    22nd the Commission neglects his duty, shall stop the action to stop violations and penalties, penalties, causes a citizen, legal person or other organization's legitimate rights and interests, and damage to the public interest and social order, in charge and other personnel directly responsible shall be given administrative sanctions.
    23rd Commission staff in administrative penalties to take advantage of the convenience of duty, solicitation or acceptance of appropriation of other people's property, collection of fines, criticized by the relevant authorities; the circumstances are serious, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                                    Fifth chapter by-laws 24th these measures shall come into force on March 1, 2007.