Administrative Measures For The Forfeiture Of Nanchang City

Original Language Title: 南昌市没收物品管理办法

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(March 16, 2004, Nanchang city people's Government at the 25th Executive meeting on April 5, 2004, Nanchang city people's Government, the 97th released as of May 15, 2004) first in order to strengthen the management of confiscated goods in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.
    Second forfeiture mentioned in these measures refers to judicial and administrative authorities as well as legal and authorized rights to administer public affairs functions of the Organization and in accordance with the entrusted Organization (hereinafter referred to as law enforcement agencies) of articles confiscated, recovered, should be turned over to the booty and confirmation by the legal procedures for the unclaimed goods.
    Article city, County (district) law enforcement authorities confiscated goods apply to this method.
    The vertical management of Central Government and the province's cities and counties (district) law enforcement authorities confiscated goods management, State or province otherwise provides, in accordance with the provisions of that State or province.
    Fourth Municipal Finance Department is responsible for the supervision and administration of city's forfeiture.
    District level, district financial departments are responsible for the supervision and administration of law enforcement agencies confiscated goods.
    Fifth financial authorities confiscated goods warehouses should be established to receive and custody of the law enforcement agencies seized forfeiture.
    No unit or individual may conceal the sixth article, retention, use, transfer, distribute or dispose confiscated items.
    Seventh law enforcement agencies seized forfeiture shall be issued to the parties uniformly made the forfeiture of the financial sector, special receipts, and fill in the description, specifications, quantities and types of confiscated items, and so on. Eighth article seized by law enforcement agencies confiscated goods, apart from outside shall be destroyed in accordance with law, shall, within 5 working days from the date of collection turned over to the financial sector.
    The financial departments pay forfeiture by law enforcement agencies, shall control the forfeiture special receipts fill out the inventory, registration, warehouse, open list received by the junction signed or sealed by the two sides.
    Nineth forfeiture is not easy to transfer the financial authorities may entrust the enforcement agencies escrow; items fresh financial authorities may entrust the enforcement agencies sold in a timely manner. Tenth Article following confiscated items, by financial sector according to following provides processing: (a) foreign currency make specified Bank received against; (ii) heritage make heritage management sector according to provides processing; (three) against national security of items make national security organ according to provides processing; (four) drug and drug original plant according to provides processing; (five) drug make drug supervision management sector according to provides processing; (six) obscene materials, and gambling appliances make police organ according to provides processing; (seven) other law should by about sector processing of items,
    Relevant departments in accordance with the regulations.
    11th except as provided in this article tenth of outside, forfeiture by the financial department auction company auctions.
    Change in ownership formalities necessary for confiscated goods auctioned, relevant departments shall, in accordance with the law.
    Forfeiture of price verification, in accordance with the relevant provisions of the State and province.
    12th auction of confiscated goods cannot be sold or of little value in itself but the cost is high, and executive institutions need is considered to be the purchase of or can be used for public welfare, can be allocated to the units used by the financial sector in accordance with the relevant provisions.
    13th confiscation of goods or proceeds of the auction revenues should be turned over to the State Treasury in a timely manner, no unit or individual is allowed to sit, intercept or appropriate.
    Article 14th collection of law enforcement agencies confiscated goods required for handling funds and custody, forfeiture of the financial sector needed to transport fees, rental fees, storage fees, price verification and auction procedures, and by the fiscal budget.
    15th financial sector and law enforcement agencies should strengthen the management of confiscated goods, establish forfeiture collection, inspection, registration, custody, surrendered, destroy, reconciliation, and reporting systems.
    16th supervisory, auditing departments should forfeit the collection, storage, processing, supervise and inspect the situation.
    17th article violation this approach provides, has following behavior one of of, by financial sector or about sector be recovered; on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) hide, and interception, and misappropriated, and replacement, and privately or unauthorized processing confiscated items of; (ii) not according to provides surrendered auction, and sold confiscated items proceeds of.
                                                                                                                  18th article this way come into force on May 15, 2004.