Shanghai And Seal Engraving Business For Public Security Management

Original Language Title: 上海市印章刻制业治安管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399540.shtml

Shanghai and seal engraving business for public security management

(June 8, 1998, Shanghai Municipal People's Government, the 57th announced May 7, 2014, released by the Shanghai Municipal People's Government so that 16th of the Shanghai Municipal People's Government to amend the seaport on line 8 the management decisions of the municipal regulations amended and republished) article (purpose and basis)

    In order to strengthen the management and seal engraving business for public security in the city, promote the development of seal engraving business, maintaining social order, according to the Shanghai security regulations the provisions of the special trades and public places, these measures are formulated.

Article II (scope of application)

    Where, within the city limits of seal engraving business unit, individual business units and individuals and the need for engraving seals shall comply with these measures.

Article III (Department of) Municipal Public Security Bureau is the management of seal engraving business for public security authorities.

    District and County Public Security Department within the jurisdiction of seal engraving business for public security management.

Fourth (departments)

    The city industry and commerce, taxation, price and other administrative departments shall, in accordance with their respective responsibilities, cooperate with public security departments and seal engraving business for public security management.

Fifth (Industry Association responsibilities)

    Seal of the city of industry associations should cooperate with public security departments and seal engraving business for public security management.

Sixth (Licensing)

This special industry permit system imposed on seal engraving business.

Without the Shanghai special industry permit (hereinafter referred to as the license) shall operate the seal engraving business.

    Prohibiting the license approved locations outside of official seals engraved stalls.

Seventh (for seal engraving business license conditions)

Application of seal engraving business unit, you must meet the following conditions:

(A) fixed sites and seal engraving business engraving seal equipment;

(B) business site layout and facilities to meet policing requirements;

(C) consistent with the internal management of the security management system;

    (D) eligible legal representative or responsible person for operation.

Eighth (special conditions of the legal representative or responsible person for business)

Has one of the following persons may not serve as a management official seal engraving business unit's legal representative, head of business:

(A) revoked the operating license of seal engraving business unit legal representatives, heads of business, since revoked less than 3 years from the date of license;

(B) for crimes against State security crime, crimes against public security, undermining the Socialist market economic order, crimes against property, offences against the social order, corruption and bribery, were sentenced to penalties of execution expires not more than 5 years;

    (C) the serving staff members of State organs.

Nineth (staff requirements)

    Seal engraving business unit or individual businesses to hire employees shall hold a valid proof of identity or workers, foreigners should also meet other requirements prescribed by the State and this municipality.

Tenth (approval program) Need to seal engraving business unit, shall apply to the public wherever they operate.

Written requests of the police station. Police station, where the operation should have been audited in the 10th from the date of receipt of the application, and after preliminary review opinions, reported to the district and County Public Security Department approval district and county police departments receive a trial date in the 10th completed the review.

To meet the conditions, by district and County Public Security Department issued a permit does not meet the operating conditions of the district and County Public Security Department shall inform the applicant in writing.

    Prohibition of lease, transfer, copy, alter or falsify licenses.

11th (change)

    Business Seal engraving business unit changes mode of operation, scope, organization, or firm name, business address and approved distribution facilities, legal representative or business owner, shall from the date of change in the 15th to the issuing of Public Security Department.

12th (annual examination system) Annual examination system imposed on the license in the city.

    Hold units of the license shall be subject to issuing the annual audit of the public security department.

13th (the engraving of the seal) Units or individual industrial and commercial households and seal engraving business, when you undertake subjects and seal engraving, shall examine an engraved seal unit references and other relevant certificates; when undertake chapter name chapter, art and seal engraving, engraved seal of identity card shall examine the delegate.

    Seal engraving business unit or individual identification should be registered and kept for 3 years for reference.

14th (engraving of the seal)

Unit or individual businesses need engraving seal shall use the certificate issued by the competent department or business license issued by the administrative departments for industry and commerce, to apply to the public security Department, after approval by the public security departments, issued a seal engraved certificate, within the period specified in the operating unit of seal engraving business engraving.

    Engraved seal of approval in the Ministry of public security sector, the implementation of management of municipal, district and county levels, specific measures shall be prescribed separately by the municipal Public Security Bureau.

15th (prohibited acts)

Need engraving seal unit or individual should be engraved as seal engraving proof permitted, the following actions are forbidden:

(A) licensing engraving seal engraved seal of units without approval;

(B) the seal engraving certificate or fraudulently altered or forged official seals engraved certificate;

    (C) tampering with the official seal of the specification, design, text, number.

16th (official replacement)

    Unit or individual seal needs to be replaced, should be to the certification seal of the public security Department and return the original and as provided for in paragraph one of this article 14th, again the engraved seal of formalities.

17th (lost, stolen re engraving of the seal)

    Unit or an individual official seal is lost or stolen, should public offering in the City Press newspaper declared invalid, make a statement in the newspaper originals, as provided for in paragraph one of this article 14th again the engraved seal of formalities.

18th (provisions of undertaking engraving seal)

Management of seal engraving business unit, shall comply with the following requirements:

(A) the identification stamp engraving shows that registered an engraved seal unit or individual name, legal representative and the Manager's name, the required seal engraving text, styles, quantities, specifications;

(B) sound registration, manufacture, storage, collection and archive management system;

(C) designate kept scrapping stamp, and destroyed under the supervision of the public security sector;

(D) over picking 30th do not receive the official seal, register after registration, public security departments;

(E) the seal of the report made to the Police Department on a regular basis.

    The Executive seal of approval, making information management system business seal engraving business unit shall, according to the municipal Public Security Bureau produced an official seal of approval, making information management system software, without changing the computer management program.

19th (and seal engraving business unit and its obligation to employees)

Seal engraving business unit, individual businesses and their employees, should abide by the State and the municipality on the administration of public security regulations.

    Seal engraving business unit or individual found in the premises a crime or a criminal suspect, suspicious items should be reported immediately to the police.

20th (security system)

Seal engraving business for implementation of security system of this municipality.

Seal engraving business unit of the legal representative or head is the unit's security people.

Seal engraving business operators of individual industrial and commercial households are households and order those responsible.

    Security responsibilities shall perform its responsibilities under the laws and regulations.

21st (liability)

For violations of these rules, individual businesses and individual, rectification by the public security departments, and the following shall be punished:

(A) in violation of the sixth paragraph, third paragraph, shall be banned, confiscate the illegal income and seal materials and tools, fined a maximum of more than 1000 Yuan and 10,000 yuan in serious cases, fined a maximum of between 100,000 yuan and 10,000 yuan.

(B) contrary to article Nineth, ordered to return and per 1 employees between 2000 Yuan and 500 Yuan fine.

(C) violation of article tenth, 11th and 12th article, warn, fined a maximum of 1000 Yuan and 10,000 yuan in serious cases, may be revoked the license.

(D) violation of article 13th, warn, fined a maximum of 1000 Yuan and 10,000 yuan.

(E) violation of article 14th, 15th, 16th article, its official seal for cancellation, warn, fined a maximum of 500 Yuan more than 1000 Yuan.

(F) violation of article 18th paragraph (a) States, warn, fined a maximum of 1000 Yuan and 10,000 yuan in serious cases, fines of between 10,000 yuan and 100,000 yuan, may be ordered to suspend business for rectification or revoke the license.

(G) violation of article 18th paragraph (b), (c), (d), (e) and 18th of article, warn, fined a maximum of 1000 Yuan and 10,000 yuan in serious cases, fines of between 10,000 yuan and 30,000 yuan.

(VIII) violate the provisions of article 19th, warn, fined a maximum of 1000 Yuan and 10,000 yuan in serious cases, to order the rectification, revoking the license.

    Violation of these rules, punishment should be given, by the Public Security Bureau in accordance with the People's Republic of China Law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated according to law.

22nd (after revoking the license restrictions)

    Violation of these measures shall be revoked the license of, 5 years to the public security departments, to reapply for seal engraving business.

23rd (copy provided)

    Public security departments should revoke the license decision within 7th day of punishment, punishment decision a copy of the relevant administrative departments.

24th (law enforcement obligations) Of seal engraving business for public security police checks, should hold police documents and produce uniformly printed by the Bureau of the Shanghai Municipal Public Security Bureau (police) check the certificates. The unit to be checked, individual businesses and individual, without prejudice, refused to check.

    Security forces in violation of the foregoing, the inspected unit or individual has the right to refuse the inspection.
25th (punishment)

Public security departments administrative penalties, it shall issue a written decision of administrative penalty.

Collection of confiscated money (content), it shall issue a municipal finance department confiscated property of the printed receipt.

    Confiscation of revenue turned over to the State Treasury according to stipulations.

26th (reconsideration and litigation)

Specific administrative acts of the public security Department of the parties, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China administrative litigation law of the provisions apply for administrative reconsideration or bring an administrative suit.

    Parties within the statutory time limit does not apply for reconsideration does not sue, or carry out a specific administrative act, departments to formulate specific administrative acts in accordance with the People's Republic of China administrative litigation law of the provisions apply to the people's Court for compulsory execution.

27th (violations of the law enforcement investigation) Security personnel shall observe and enforce laws impartially.

    On the dereliction of duty, abuse of power, favoritism, bribes, perverting the performer, by their work units or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

28th (for an explanation of terms)

    Seal mentioned in these measures refers to carved Crown has the seal of the company name.

29th (explain Department)

    The municipal Public Security Bureau on specific applications of the measures can be explained.

30th (execution date) These measures shall take effect on October 1, 1998. On August 6, 1981, Indian cast, Shanghai Municipal People's Government of the lettering industry regulations inconsistent with these measures, is subject to this approach.