(January 10, 2005 the Ministry of Finance released 23rd come into force on March 1, 2005) first in order to regulate the financial institutions of administrative punishment hearing procedure, maintaining the lawful rights and interests of citizens, legal persons and other organizations, safeguard and supervision of financial institutions shall impose administrative penalties, in accordance with the People's Republic of China on administrative punishment law, formulate measures for its implementation.
    Article II authority administrative punishment hearing shall follow the principle of lawfulness, fair, open, timely, and convenient, security statement, defence and the right of cross-examination by the parties.
    Third hearing organized by the financial administrative penalty authority to be, specific work by the Office of Legislative Affairs or bear the legal responsibilities of agencies responsible for its implementation.
    Article fourth hearing include: the presiding hearer, hearing officers and reporters.
    Hearing officer designated by the heads of financial institutions to the Office of legislative affairs agencies or take legal responsibilities the Central African investigators served as in the present case.
    Hearing officer specified by the head of the institution where the hearing to assist the hearing.
    Record specified by the hearing officer, is responsible for making and other matters related to the hearing.
    Around the Ministry of finance in Financial Ombudsman offices (hereinafter referred to as Commissioner) of financial administrative penalties, the hearing officer designated by the head of the Office of the High Commissioner not the investigating officer.
    Article fifth hearing participants include: the parties, the investigators of the case, and the outcome of the case could have an interest in the third person, witnesses, experts, interpreters, etc. Sixth article financial organ in administrative punishment case survey end Hou, on citizens, and corporate or other organization law made following administrative punishment decided zhiqian, should told party has requirements held hearing of right: (a) suspended accountants firm business business; (ii) suspended registered accountants implementation business; (three) revoked registered accountants certificate; (four) revoked accounting practitioners qualification certificate; (five) revoked accountants firm; (six) canceled government procurement business agent qualification; (seven) larger amounts fine; (eight) legal
    Provisions, regulations and rules other matters shall inform the right to hearing. Penalties administrative penalties to the Treasury as well as the Office of the High Commissioner, the "large amount of fine" standards for the citizens of more than 5000 Yuan fines for legal persons or other organizations to more than 50,000 yuan fine.
    Local financial authorities a fine of administrative punishment, the "large amount of fine" standards according to the provinces, autonomous regions and municipalities directly under the regulations of the people's Government or the NPC Standing Committee. Article seventh financial institution shall inform the parties have the right to request hearings, administrative punishment shall be served on the financial matters informed book.
    Of the financial matters of administrative punishment notice shall set forth the administrative punishment of facts, reasons, basis and intends to make a decision of administrative penalty, the rights of the parties. Eighth party to request a hearing, be incorporated in the financial matters of administrative punishment notice certificate of service has not been signed, or receipt of the financial matters of administrative punishment notice within 3rd day of hearing request to the financial institution in writing.
    Fails proposed, financial institutions deemed to have waived the hearing right, and for the record. Nineth fiscal authorities shall, from the date of receipt of the hearing the parties request hearing in the 20th, and at a hearing before the 7th of financial administrative punishment hearing notice will be served on the participants in the hearing.
    Notify the participants in the hearing time and place of the hearing, as well as the presiding hearer, hearing officer, record the name and job title, and other related matters, by the participants in the hearing in the financial administrative penalty sign the certificate of service of the notice of hearing. Article tenth party may attend the hearing in person or may appoint 1 or 2 agents to participate in the hearing.
    Party concerned entrusts an agent to participate in the hearing, the hearing shall be held in the 3rd to the hearing Authority submitted a power of Attorney, power of Attorney delegate permissions and other relevant matters to be indicated. 11th Party thinks the presiding hearer, hearing officers, reporters, expert witnesses, interpreters and has a direct interest in the case of, the right to apply for withdrawal.
    Withdrawal application hearing shall be held in the 3rd to the financial authorities, and state the reasons.
    The presiding hearer, hearing clerk, records clerk, expert witnesses, interpreters is a near relative of a party to the case, or think that you have a direct interest in the case or other relationships may affect the impartiality of the hearing, should the withdrawal.
    12th hearing of withdrawal by the financial institutions in charge of the hearing decision.
    Withdrawal of the hearing officer, by the head of the institution where the hearing decision.
    Withdrawal of the reporters, expert witnesses, interpreters, decided by the hearing officer. 13th fiscal administrative punishment hearing shall be conducted in public, but involve State secrets, business secrets or personal privacy exception.
    Involving trade secrets or personal privacy should not be heard in public hearings, should be submitted in 3 days before the hearing, held by the parties, determined by the financial institution after the audit.
    Public hearing of cases, advance notice should be the party's name or names, cause of action and the time and place of the hearing and public access should be allowed.
    14th hearing shall be in accordance with the following procedures: (a) the records identify the participants in the hearing and arrived at the scene.
    (B) the hearing officer announced that the subject matter of the hearing, the hearing Committee members, the disciplinary hearing, inform the rights and obligations of the participants in the hearing, announced the beginning of the hearing.
    (C) the investigators of the case has raised facts, evidence, to be the reasons for administrative punishment, basis as well as on.
    (D) the party or its agent in respect of the facts of the case statement, defence, justification and evidence and cross-examination. (E) the participants in the hearing on the facts of the case, upon the evidence of legitimacy, authenticity and debate related issues.
    Debate by the investigators of the case statement, and then by the party concerned or the agent thereof to plead, and debated each other on both sides. (Vi) conclusion of the debate, facts and evidence of hearing cases and related issues, once again seeking the views of participants in the hearing.
    Participants in the hearing to make a final statement.
    (VII) the hearing officer announced the end of the hearing.
    15th all hearing activities, should be made by a recorder hearing transcripts. After the hearing transcripts should be participants in the hearing confirmed signature or seal. Participants in the hearing in error entitled to request additions or corrections.
    Participants in the hearing refused to sign or seal, shall specify the volume.
    Hearing by hearing, hearing clerk and recorder review and signature.
    16th during the hearing, hearing of the participants in the hearing violated disciplines or disturbing the order of the hearing, the hearing officer shall stop; stop invalid, can be ordered to withdraw from the hearing.
    17th under any of the following circumstances, may postpone the hearing: (a) the hearing could not be held due to force majeure, (ii) the parties or their agents applying for extension, justified, and (iii) other circumstances could be postponed. 18th article hearing process in the, has following case one of of, suspended hearing: (a) hearing host think evidence has questions cannot hearing debate ming, may effect financial organ administrative punishment decided of accurate and just of, or party or its agent proposed new of facts, and reason and evidence, hearing host think need again survey verified of; (ii) application hearing of citizens death, and corporate or other organization terminated, yet determine right obligations bear people of; (three) hearing participate in people violation hearing discipline or disrupt hearing order
    And hearing stop invalid and (iv) other circumstances that warrant the suspension hearing.
    Hearing and recorders hearing should be suspended included in the hearing record.
    19th article has following case one of of, terminated hearing: (a) right to filed hearing of citizens death, no heir or heir gave up hearing right of; (ii) right to filed hearing of corporate or other organization terminated, bear its right of corporate or organization gave up hearing right of; (three) party withdrawn hearing application, gave up hearing right of; (four) party no due reason not participate in hearing of; (five) other should terminated hearing of case.
    Article 20th extension, suspension hearings decided by the heads of agencies responsible for hearing matters.
    Deferred, suspended the hearing shall notify the participants in the hearing.
    Deferred, suspended the hearing after disappearing, shall restore 7th hearing, and notify the participants in the hearing.
    Terminated by the financial institutions in charge of the hearing decision.
    Article 21st after the end of the hearing, the hearing officer shall, in accordance with the hearing, written hearing report, together with the record of hearing heads of financial institutions.
    Hearing reports shall include the following: the time and place of the hearing; hearing officers, and basic situation of participants in the hearing; hearing; parties and the investigators of the case facts, identification of evidence and the punishment recommended by the main differences the observations and recommendations of the hearing. 22nd hearing, hearing, record should be in strict accordance with the law and the exercise of rights.
    In violation of the law and relevant regulations, cancel its qualifications of the presiding hearer, hearing clerk, records clerk, and assume the corresponding responsibility. Article 23rd financial institution for hearing matters of administrative punishment hearing according to law, or in accordance with the provisions of hearing, shall not make a decision on administrative penalty.
    Administrative penalty decisions that have been made are invalid.
    Article 24th hearing the charges incurred will be borne by the hearing authority.
    The costs incurred by the parties to the hearing, hearing authority is not assumed. 25th article of the rules take effect on March 1, 2005.
                                                May 15, 1998 issued by the Ministry of administrative punishment hearing procedure of measures for the implementation of the financial sector (financial law [1998]18) repealed simultaneously.