Taiyuan Confiscated Materials Management

Original Language Title: 太原市罚没物资管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368213.shtml

Taiyuan confiscated materials management

    (November 14, 2011 the 12th Executive meeting of Taiyuan municipal review through December 28, 2011 in Taiyuan City people's Government announced on February 10, 2012, 79th execution) first to strengthen the management of confiscated goods, preventing the loss of State-owned assets, and safeguard the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with relevant laws and regulations, based on actual city, these measures are formulated.

    Second, has the right to administrative penalties, this approach applies to this administrative organs, judicial bodies, laws and regulations authorized law enforcement organizations and entrusted by law enforcement agencies (hereinafter referred to as law enforcement authorities) confiscated materials management.

Article confiscated material mentioned in these measures refers to: law enforcement agencies pursuant to provisions of law and rules and regulations, and deal with goods confiscated, recovered.

    Confiscated goods are owned by the State, no unit or individual may intercept or stranded, misappropriate, loan, transfer, distribute or dispose of without authorization.

Fourth of municipal and County (city, district) the financial sector is Government confiscated materiel management administrative departments at the same level, specific organizations owned the confiscated material management agency implementation of the confiscation of materials management.

    Supervision and auditing departments in accordance with their respective responsibilities, supervision and inspection work of the confiscated goods.

Article fifth confiscated materials according to the different nature and purpose, in accordance with the following provisions:

(A) the General list of supplies by the breakdown of law enforcement agencies, sent confiscated material management institutions;

(B) forfeiture of motor vehicles, the traffic Police Department in conjunction with the confiscated material management accreditation audit agencies, qualified traffic from traffic police departments shall go through the relevant procedures;

(C) free of use, custody values and fake and shoddy goods, confiscation of material destroyed after regulatory agencies and law enforcement authorities;

(D) the sealing up, distraining, fails to claim the goods, cooperation by law enforcement agencies confiscated material management agency, in accordance with the law; (E) forfeiture of real property such as buildings, by law-enforcement agencies in conjunction with the confiscated material management bodies.

Illegal use of buildings on the ground, in accordance with the relevant provisions of law;

(F) fresh and perishable goods by law-enforcement agencies register in a timely manner, in conjunction with the confiscated material management agency; (VII) bank deposits, foreign currency, gold and silver jewelry and its products, and confiscated material management body in conjunction with the law enforcement agencies to deal with;

(H) securities, stocks, shopping cards sent confiscated material management agency, and, in conjunction with law enforcement agencies, banking and other units should be given honour;

(I) handled by the city administration of cultural relics departments of cultural relics, can circulate, confiscated materiel management in conjunction with city by city Administrative Department for cultural relics auction;

(J) the drugs and drug plants, confiscated according to relevant regulations of the State;

(11) jeopardize national security and public safety items and instrumentalities, by law-enforcement agencies taking pictures in file, handed over to the public security and State security organs;

(12) the contraband such as pornographic material, drugs, gambling equipment destroyed by the public security organs;

(13) the monopoly products (including plants and animals) and other specialized items dealt with by the specialized departments;

(14) the income listed on, turned over to the State Treasury in full;

    (15) as otherwise provided by laws and regulations, according to the regulations. 

    Sixth collection of law enforcement agencies confiscated goods, shall present the provincial financial Department for the confiscation of printed materials receipt, transfer of confiscated goods to the confiscated material management body shall issue a confiscation of material turned over to the list.

Seventh law enforcement authority shall within 30 working days of the closing, confiscation of goods confiscated materials management bodies.

    Confiscated materials management agencies receive confiscated goods which should be uniformly printed by the financial department at the same level issued by the law enforcement agencies confiscated materiel transfer voucher.

    Eighth law enforcement agencies shall establish collection and destruction, and change management systems such as acceptance, registration, confiscation of instruments used, and prepare related reports every six months to the confiscated material management institutions.

    Nineth confiscated material management agency confiscated buildings and law of negotiable goods (except Government transfers), shall entrust a qualified assessment of the asset evaluation agencies, are treated by public auction, price changes, etc.

    Article tenth of confiscated material in the collection, processing transportation, storage, maintenance, evaluation, identification of cost, paid by the Finance Department.

11th because of a decision or judgment error, formerly confiscated goods should be returned to the parties in accordance with law, in accordance with the following provisions:

(A) custody of the original material and have not been processed by the law enforcement agencies, returned by the law enforcement agencies;

(B) the original materials have been confiscated materials management bodies and has not yet been processed, should be made the decision or judgement is applied by law enforcement agencies, confiscated material management agency verification, returned by the confiscated material management bodies;

(C) the original material has been processed and the proceeds are not turned over to the State Treasury, by the law enforcement agencies made the decision to apply, verified by the confiscated material management agency, reported that after the approval of the Finance Department, paid back by the confiscated material management bodies;

(D) the original material has been processed and the proceeds turned over to the Treasury, should be made the decision or judgement is applying the law enforcement authority, signed by the confiscation of material management agency, after verification of the financial sector, issued by the revenue refunded the book, retreat from the State Treasury to pay;

    (E) raw material in dealing with the damage caused, shall be subject to compensation.

    12th finance, supervision and auditing departments regularly confiscated materials management bodies and law enforcement agencies carry out supervision and inspection, units under inspection shall provide the accounting vouchers, account books, decision, judgements and other information and custody of the confiscated goods.

    13th a citizen, legal person or other organization has the right to monitor, financial, auditing Department report, Prosecutor acts in violation of these measures, the case shall be rewarded.

    14th for acts in violation of these rules, in accordance with relevant laws and regulations, hold directly responsible to the head of unit and administrative responsibilities, constitutes a crime, transferred to the judicial organs according to law. 15th article this way since February 10, 2012.