Department Of Commerce Administrative Punishment Measures For Implementation (For Trial Implementation)

Original Language Title: 商务部行政处罚实施办法(试行)

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(January 7, 2005 the Ministry of Commerce released 2005 of 1th come into force on March 1, 2005) first in order to regulate the implementation of Ministry of Commerce administrative sanctions to guarantee the legitimacy and effectiveness of the administrative penalties, protect the legitimate rights and interests of citizens, legal persons or other organizations, safeguard the interests of the public and economic order, in accordance with the People's Republic of China on administrative punishment law, these measures are formulated.
    The Commerce Department impose administrative penalties in article, these measures shall apply.
    Administrative penalty mentioned in these measures refers to article, the Ministry of Commerce in accordance with provisions of laws and administrative rules and regulations, to citizens, legal person or other organization acts contrary to the Administration's punishment.
    Fourth Ministry of Commerce administrative penalties should follow the principles of fairness, openness, and guarantees of citizens, legal persons or other organizations the right to be heard and the right to be heard, the right to call for hearings, the right to apply for administrative reconsideration or administrative proceedings.
    Fifth Ministry of Commerce administrative punishments shall be according to the laws, administrative rules and regulations, and in accordance with legal procedures.
    Sixth implementation of administrative punishment by the Ministry of commerce within the statutory terms of reference, the Ministry of Commerce of bodies (including internal institutions, the institutions directly under the Office of the Ombudsman, and so on) may not impose administrative penalties in their own name.
    No provisions of laws and administrative rules and regulations, the Ministry of Commerce may not delegate the administrative punishment law, organizing the implementation of administrative punishments provided for in article 19th of.
    Seventh of the Ministry of Commerce on warnings and less than RMB 30,000 yuan (including 30,000 yuan, the same below) penalty of administrative penalties (hereinafter referred to as light administrative punishment) carry out investigations and case in one system.
    On administrative punishments except the first (hereinafter referred to as the major administrative penalties) implementation of investigations system separate from the case. Eighth case of Ministry of Commerce administrative punishment cases the investigating authority is involved in the business sector.
    If necessary, the business sector in collaboration with other relevant departments to investigate the case.
    Nineth Ministry of Commerce revealed that citizens, legal persons or other organizations against acts of the administrative order, should be investigated in a timely manner.
    Tenth administrative penalty following the end of investigations, intends to impose a lesser administrative punishment cases, the investigating authorities should be in accordance with the provisions of the law on administrative punishment article 31st, notify the parties in writing to be the facts, reasons and basis for administrative penalty and shall inform the parties legally entitled to representation, the right to plead. Requirement statements and pleadings by the parties, should be raised in the 3rd after receipt of written notice.
    Investigating authorities should fully hear the parties, and to review the situation.
    11th investigating authorities after the statements of the parties, the defence review, think lighter should be given administrative punishments, drafted by the investigating authority of the written decision of administrative penalty, reported to the Ministry after consultation with the Department of Commerce Office of Legislative Affairs.
    12th article in accordance with article 11th consulted, Office of Legislative Affairs that it should be punished by major administrative punishment, by the investigating authority in accordance with the provisions of article 13th.
    13th administrative penalty case after the end of major administrative penalties to be imposed, the investigating authorities shall draw up a report on the investigation ended, along with all the materials of the case, together with the Ministry of Commerce administrative punishment.
    The investigation final report should clearly state the facts of the case, investigation processes, relevant evidence and violations of the laws and regulations, and the handling of the case and according to set out its preliminary comments. 14th Ministry of Commerce administrative punishment, as a Commerce major administrative punishment case body.
    Administrative penalties adopted by the Commission to hold hearings, trial, handling administrative punishment cases.
    Department of Commerce Office of Legislative Affairs is the Ministry of Commerce administrative punishment Committee offices, is responsible for organizing, scheduling Committee hearings and administrative penalty hearings, make the relevant legal instruments, administrative punishment routines.
    End section 15th of the investigation report and the case transferred to the administrative penalties, after a preliminary review by the Office of Legislative Affairs.
    16th Legislative Affairs Agency considers that in the case of individual facts are not clear, and may require the investigating authority to make interpretations, notes.
    If necessary, the Office of legislative affairs directly to the relevant units and personnel survey, to understand the situation.
    17th Legislative Affairs Agency after a review, do not think that the facts of the case, and supplementary surveys may be returned to the investigating authorities for insufficient evidence. 18th Legislative Affairs Agency, upon examination, considers that the main case clear facts and sufficient evidence, according to law set out its preliminary comments.
    Proposed administrative penalties, and shall be in accordance with the provisions of the law on administrative punishment article 31st notify the parties in writing proposed administrative penalty facts, reason and evidence, and shall inform the parties legally entitled to representation, the right to plead. Requirement statements and pleadings by the parties, should be raised in the 3rd after receipt of written notice.
    Legislative Affairs Agency shall fully listen to the parties, and to review the situation.
    19th Ministry of Commerce made a larger amount of fine or ordered to suspend production, rescission of a license or certificate prior to the decision on administrative penalty, it shall inform the parties have the right to request hearings.
    20th Party requested a hearing, by the Ministry of Commerce administrative penalties in accordance with the provisions of section III of the fifth chapter of the law on administrative punishment hearing.
    21st review or after the end of the hearing, by the Office of Legislative Affairs administrative punishment Committee will submit all the materials of the case, by administrative sanctions Committee will hold a hearing on the case for trial.
    22nd case of administrative punishment, the Committee of the following proceedings: (a) the illegal facts are clear, (ii) whether the evidence is conclusive, and (iii) compliance with the prescribed procedures and (iv) whether the parties ' statements and the defence of the establishment; (e) applicable law; (vi) punishment types and range. 23rd article administrative punishment Committee by collective discussion, full consultations, according to case different situation, respectively proposed following processing views: (a) think suspected constitute crime of, referred to the survey mouthpiece Department led approved Hou transferred judicial organ; (ii) think illegal facts not established of, shall not give administrative punishment; (three) violations minor, and law can not punishment of, not administrative punishment; (four) does have should by administrative punishment of violations of,
    By the Office of Legislative Affairs in accordance with administrative punishment hearing comments of the Committee drafting the written decision of administrative penalty, reported to the Ministry for approval. After 24th of the written decision of administrative penalty, 40th by investigating authorities in accordance with the law on administrative punishment and the provisions of section II of the seventh chapter of the code of civil procedure, the spot party or at the date of the written decision of administrative penalty within the 7th served on the party or its authorized agent.
    The investigation organ shall save delivery receipts, stay together after the end of the case file. Addressee should indicate on the delivery receipt the date of receipt, and signature or seal. Addressee in the receipt date is the date of service on the delivery receipt.
    Mailing by registered return receipt as indicated on the date of receipt as the date of service. 25th the Parties shall in the written decision of administrative penalty within the time limit fixed by the implementation of the decision on administrative penalty.
    Fails to carry out administrative punishment decision, the Commerce Department can take the 51st article of the law on administrative punishment measures, to be implemented. 26th Ministry of Commerce when executing administrative punishments such as fines, confiscate the illegal income, impose penalty payment of separation system.
    Fines and confiscation of illegal earnings shall be submitted to the Ministry of Commerce in a fine collection agency set up special account and confiscated money, confiscated money should be turned over to the State Treasury.
    27th where they face genuine financial difficulty, delay or by paying a fine, should be provided for in the written decision of administrative penalty to apply to the investigating authority before the date of contribution, accompanied by relevant supporting documents (including financial report).
    28th investigation upon receipt of the application, research and comments in conjunction with the Department of Commerce Office of Legislative Affairs, reported to Ministry for approval, extension, made in installments of the answer book.
    29th approved extension or by paying fines, the parties should be included in the extended, phased payment reply to pay the fine within the period set out in the book, and may not apply again delayed or made in installments.
    Application is not approved, the parties should be included in the extended, phased payment reply to pay the fine within the period set out in the book. Article 30th after completion of administrative punishment decision, the investigating authorities should be filing case materials in a timely manner.
    Archives material includes investigation final report, administrative punishment cases tell material, statement of the parties ' representations materials, hearing transcripts, administrative punishment decision letter, delivery receipt, relevant documentary evidence and other materials associated with the administrative punishment cases.
    31st except as related to State secrets, business secrets and personal privacy, the written decision of administrative penalty, posted on the Ministry Web site, preparation of enquiries from the public.
    32nd article this approach does not apply to the Ministry of Commerce of various staff members of the Department's administrative sanctions and other personnel decisions.
    33rd article this way by the Ministry of Commerce is responsible for the interpretation.
                        34th article of the rules take effect on March 1, 2005.

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