Administration Of Industry And Commerce Administrative Penalty Procedures

Original Language Title: 工商行政管理机关行政处罚程序规定

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(Released September 4, 2007 the State administration for industry and commerce, the 28th since as of October 1, 2007) Chapter I General provisions article in order to regulate the exercise of authority and protection of industrial and commercial administrative organs in accordance with the, correct implementation of administrative sanctions, to maintain social and economic order, and protect the legitimate rights and interests of citizens, legal persons or other organizations, pursuant to the administrative punishment law and other relevant laws, administrative laws and regulations, this provision is enacted. Second administration of industry and Commerce administrative punishments, these provisions shall apply.
    Otherwise provided by laws and regulations, from its provisions. Third article business administration organ implementation administrative punishment should followed following principles: (a) implementation administrative punishment must has legal, and regulations, and regulations according to; no according to of, shall not give administrative punishment; (ii) just, and public, and timely to exercise legal, and regulations, and regulations gives of administrative terms; (three) implementation administrative punishment must to facts for according to, and violations of facts, and nature, and plot and social against degree quite; (four) insisted punishment and education phase combined, education citizens, and
    Consciously abide by legal persons or other organizations, and (v) has a direct interest of investigators and their clients should be avoided (vi) exercises its powers independently according to law, without unlawful interference.
    Fourth superior industrial and commercial administrative organs to lower industrial and commercial administrative organs, administrative organs of industry and Commerce at all levels of the organs and agencies of the administrative penalty, should strengthen supervision, errors were found and corrected in a timely manner. Chapter II jurisdiction article fifth administrative penalties by the violations above the county level (including County-level, the same below) jurisdiction of the industrial and commercial administrative organs.
    Except as otherwise provided in laws and administrative regulations.
    The sixth County (district), the city (and State) Administration for industry and Commerce jurisdiction ex officio cases that occurred within their respective jurisdictions.
    The provinces, autonomous regions, municipalities directly under the jurisdiction of the industrial and commercial administrative organs in accordance with terms of reference of this area of significant and complex cases.
    Jurisdiction of the State administration for industry and Commerce according to the terms of reference shall be determined by its own administrative punishment cases and major and complex cases nationwide.
    Seventh by the Administration for industry and commerce in accordance with the laws and regulations to impose administrative penalties on behalf of their specific rights, determined by the provincial administration for industry and commerce. Eighth on the use of radio, film, television, newspapers, periodicals, the Internet and other media published administrative punishment for illegal advertising from publishers that jurisdiction of the local administration for industry and Commerce authorities.
    Publishers located offsite the jurisdiction of administrative organ for industry and Commerce advertisers, advertising agents are difficult, advertisers, operators of illegal transfer of advertisers and advertising agents located administrative departments for industry and commerce.
    Nineth party for the same offences, two or more industrial and commercial administrative organs have jurisdiction over that first case jurisdiction of the industrial and commercial administrative organs.
    Tenth more industrial and commercial administrative organs of a jurisdictional dispute, should be resolved through consultation, negotiation, approval of the common industrial and commercial administrative organs at a higher level for designation of jurisdiction. 11th Administration for industry and Commerce found that the investigation of the case does not fall under its jurisdiction, it shall transfer the case to have jurisdiction over the administration of industry and commerce.
    Transferred to the industrial and commercial administration organs of objection to jurisdiction, shall be submitted to the joint industrial and commercial administrative organs at a higher level designation of jurisdiction shall not be transferred individually. 12th superior industrial and commercial administrative organs can be investigated directly subordinate administrative organs for industry and commerce as it deems necessary jurisdiction over a case, you can also transfer the cases under their jurisdiction jurisdiction of subordinate administrative organs for industry and commerce.
    Legal and administrative regulations specified that the case should be governed by superior administration of industry and commerce, industrial and commercial administrative organs at higher levels shall not transfer jurisdiction of subordinate administrative organs for industry and commerce.
    Subordinate administrative organs for industry and commerce that it should be under the jurisdiction of cases is fatal, difficult cases, or due to special reasons, difficult to handle, can be submitted to the industrial and commercial administrative organs at a higher level to determine jurisdiction.
    13th reported to the industrial and commercial administrative organs at a higher level to establish jurisdiction, and industrial and commercial administrative organs at a higher level should be within five working days as of receipt of the submission materials determine the jurisdiction of the case. 14th TRANS-administrative punishment cases, common administrative organ for industry and commerce shall coordinate the work of the previous level.
    Relevant administrative organ for industry and commerce shall actively cooperate with handling cases of administrative organ for industry and Commerce investigated and dealt with in different places.
    15th of cases investigated by the Administration for industry and Commerce found that belong to the jurisdiction of other administrative bodies, should be transferred to the other relevant organs according to law.
    Administration for industry and Commerce found that an unlawful act of a crime, shall, in accordance with the relevant provisions to transfer the case to the judiciary.
    Chapter III, section I of the General procedure of administrative punishment record 16th administrative organ for industry and Commerce according to the powers of supervision and inspection, or through complaints, appeals, reports, other agencies transfer, discover, investigate and deal with illegal acts, including assigned by higher authorities.
    17th industrial and commercial administrative authority shall receive complaints and appeals, reports, other authorities transferred, assigned by the superior authority of material within seven working days from the date of verification, and decide whether the case; under special circumstances, may be extended to 15 working days to decide whether to file.
    18th filing shall be made out by filing form, along with related materials (complaint material, the material and information material and tasks assigned by the superior authorities or relevant departments transferred materials, providing materials, supervision and inspection reports, have verifiable evidence obtained, etc), approved by the heads of administrative departments for industry and Commerce above the county level, handling agencies specified more investigators are responsible for investigation and treatment. 19th for not filing the complaints, reports, complaints, upon approval by the head of Administration for industry and commerce, by the handling agency will inform anonymous complaints people, complainants or informants.
    Industrial and commercial administrative organs will not be filing the relevant written records should be retained.
    Investigation section II 20th after placing, investigators should be investigated in a timely manner, collect or obtain evidence, and can be checked in accordance with the provisions of laws and regulations.
    First collect or obtain evidence from the parties to the case, it shall inform the right to apply for investigators to avoid.
    Collect or obtain evidence from relevant units and individuals shall be informed of their obligation to provide evidence. 21st investigators investigating the case shall not be less than two.
    When investigators investigation, the General Administration for industry and commerce should be uniform, and show the People's Republic of China Administration for industry and Commerce administrative law enforcement certificates.
    People's Republic of China Administration for industry and Commerce administrative law enforcement certificates by the State administration for industry and Commerce formulate uniform, licensing or authorization issued by the provincial administration for industry and commerce. 22nd required entrust other administrative organ for industry and commerce to assist in the investigation and evidence, shall issue a written letter of investigation, was entrusted with the administration of industry and commerce should actively assist.
    Unable to assist, should inform the delegates will not be able to assist in a timely manner. 23rd investigators should be collected according to law and evidence relating to the case.
    Evidence included the following: (a) the documentary evidence and (ii) evidence, (iii) the testimony of a witness, (iv) audio-visual material, computer data; (e) the parties ' statements; (vi) expert conclusions; (VII) transcripts, field notes.
    Such evidence shall comply with laws, regulations, rules and other provisions relating to evidence and verified, as a basis for ascertaining the facts. 24th investigators may question the parties and supporting people. Asked individually. Ask a record shall be kept, ask those questioned record shall be checking for reading difficulties, shall read out. Record is subject to errors, omissions, and should be allowed to correct or supplement. Altered parts should be asked by signature, seal or otherwise confirmed. After it has been checked, by the person being interrogated on the transcripts page-by-page signature, seal or otherwise confirmed.
    Investigators should also sign the record.
    25th investigators may request the parties to and references provided prove that the materials or other materials relating to the violations and material providers in related materials, signed or sealed.
    26th investigators should collect or obtain original documents related to the case as evidence obtained the original evidence was difficult, copies, copies or transcriptions can be extracted from evidence provided marked "after checking with the original and correct", marked with the date and source of evidence, and signed or sealed.
    27th People's Republic of China outside the territory of the evidence obtained, shall state the source, certified by the notary public of the country, and by the People's Republic of China stationed in the Embassy or Consulate of the country or fulfill the People's Republic of China entered into with the State in which the evidence prove that the procedures provided for in the relevant treaty.
    People's Republic of China Hong Kong S.A.R., and Macau S.A.R. and Taiwan's evidence should be in accordance with the relevant provisions of proven procedures. 28th for audio-visual material, computer data, investigators should collect information on the original carrier. Collection of original carrier have difficulty, you can collect copies, and to indicate the production method, production time, producers and so on.
    Voice data should be accompanied by a transcript of the audio content.
    Article 29th of any suspicious items or sites during inspections, should be a client or a third person is present, and making notes, set forth the time, place, event, and so on, by investigators, parties and a third party signature or seal.
    If necessary, you can take photograph, video record.
    30th industrial and commercial administrative organs sampling to obtain evidence, a party should present, investigators shall draw up a sampling records, affix seals on samples, ordering inventory, and by investigators in seals and related records, signed or sealed by the parties.
    Laws, rules, regulations or provisions of relevant regulations of the State of the bodies in the sample or a way, industry and commerce administration authorities shall delegate agency or in the prescribed manner samples. 31st article to identify the case, you need to identify specific matters in the case, issued by the industrial and commercial administrative authority shall set forth the principal identification matters and materials related to the principal testimonial, commissioned by the accreditation bodies with statutory qualifications appraisal; no official accreditation bodies may entrust other institutions meet the identification requirements were identified.
    Conclusions should have the judge signed or sealed, stamped with the seal of the accreditation body.
    32nd after that evidence may be destroyed or lost or difficult to obtain case, industrial and commercial administrative organs and evidence relating to the alleged violations to take advance registration and conservation measures.
    Advance registration saves or terminate the registration and preservation measures should be approved by the head of Administration for industry and commerce.
    Article 33rd advanced registration and preservation of evidence, should be counted on the spot, and draw up a clear statement, signed or sealed by the parties and investigators, one of the parties, and spot notice of advance registration and preservation of evidence.
    During the antecedent register, the party or person concerned shall not be damaged, destroyed, or move evidence.
    34th article for first registration save of evidence, should in 7th within take following measures: (a) according to situation timely take records, and copy, and photo, and video, evidence preservation measures; (ii) need identification of, timely sent about sector identification; (three) illegal facts established, should be confiscated of, made administrative punishment decided, confiscated illegal items; (four) according to about legal, and regulations provides can seized, and seized (including sealed, and detained, with) of, decided seized, and seized;
    (E) the illegal facts are not established or illegal facts but should not be sealed up or seized or confiscated according to law, decided to lift the advance registration and conservation measures.
    Fails to make a decision, and antecedent register measures lifted. 35th laws, regulation of administrative coercive measures such as sealing up, distraining, could be implemented depending on the situation.
    Coercive measures, it shall inform the party concerned has the right to apply for administrative reconsideration or bring an administrative suit.
    Take administrative enforcement measures such as sealing up, distraining, or terminate the compulsory administrative measure shall be subject to approval of the head of Administration for industry and commerce. Article 36th sealed up, distrained property of the parties, should be counted on the spot, and draw up a clear statement, signed or sealed by the parties and investigators, one of the parties, and delivery of the notice of seizure, seizure of property on the spot.
    Of attachment, arrest measures according to law, shall, within the period provided for in laws and regulations for a replacement attachment, arrest procedures.
    37th seizure of shipment of the goods by the parties should be made to assist a notice of seizure, notify the Transport Department to assist and inform the parties in writing.
    38th save on the parties, or hosting of suspected items need to be seized, order the party to remove party refuse to remove, remove it shall, in conjunction with local authorities, and arrest procedures.
    39th sealing up, distraining the property should be kept properly, no use, replacement or damage.
    Easy, perishable goods, provisions of laws or regulations can deal directly, or the parties agree to deal, approved by the administration of industry and Commerce Chief, in adopting relevant measures to retain evidence can be processed.
    The goods seized, seals shall be affixed to industrial and commercial administration authority, no person shall be free to use.
    40th sealing up, distraining the property identified violations unrelated to or no longer needs to take measures of sealing up, distraining, seizure, seizure measures shall be withdrawn, served a notice of release sealing up, distraining, sealing up, distraining the property returned to the parties, and by investigators and the parties sign or affix their seals on the property list.
    41st must check for the person or domicile of natural persons, it shall draw attention to the public security organs, industrial and commercial administrative organs may be required.
    42nd Administration for industry and commerce in accordance with the law, the regulations provide for order the party to suspend the sale, shall not transfer, concealment, destruction of property and other measures, should be approved by the head of Administration for industry and commerce, and notify the parties in writing, carried out by the parties.
    43rd investigators during the course of investigation, on record or other material requires a party to sign, seal or otherwise confirm that party refuses to present, refused to sign, seal or otherwise confirm, or unable to find a party, investigators should indicate the reason on the transcripts or other materials, if necessary, to invite relevant persons as witnesses.
    44th parties think of investigators and their clients have a direct interest, avoid the right to apply for investigators; investigators believe they and their clients have a direct interest, shall apply for withdrawal.
    Investigators avoided, decided by the head of Administration for industry and commerce. Article 45th investigations end, thought that must terminate the investigation or handling agencies, in the following ways: (I) think the illegal facts are established shall be administrative penalties, write out the survey final report, draft administrative punishment proposal, together with the case file review by the review bodies.
    Investigation final report shall include the basic information, illegal facts and relevant evidence and proof of matter, the nature of the case, discretionary grounds, recommendations, penalties and punishments, etc.
    (Ii) think illegal facts not established, should be dismissed of; or violations minor, no caused against consequences, not administrative punishment of; or case not belongs to this organ jurisdiction should transfer other administrative organ jurisdiction of; or suspected crime, should transferred judicial organ of, wrote survey end report, description intended for processing of reason, reported business administration organ head approved Hou according to different situation respectively processing.
    Section III review article 46th provincial administration for industry and Commerce according to the actual situation of the jurisdiction, administration for industry and Commerce at all levels within the identified area review the type and scope of the case. 47th case review by the administration of industry and Commerce of rule of law institutions responsible for its implementation.
    On behalf of the administration of industry and commerce so their imposition of administrative penalty cases rule by the Administration for industry and commerce is responsible for the review.
    48th review bodies received the case after agency review of the materials, shall be registered and specify the concrete contractor personnel responsible for the review.
    49th case review includes: (a) has jurisdiction over the case, (ii) clarity of the basic situation of the parties and (iii) whether the facts of the case clearly, whether sufficient evidence; (d) the accuracy of qualitative (v) application basis is correct, (vi) penalties are appropriate, (VII) procedures are legitimate. 50th article review institutions after on case for review, proposed following written views and recommends: (a) on facts clear, and evidence, and applies according to right, and qualitative accurate, and punishment appropriate, and program legal of case, agreed case institutions views, recommends reported organ head approved Hou told party; (ii) on qualitative no, and applies according to errors, and punishment improper of case, recommends case institutions modified; (three) on facts not clear, and evidence insufficient of case, recommends case institutions correction; (four) on program not legal of case
    , Recommends case institutions corrected; (five) on illegal facts not established or has over Chase accountability term of case, recommends dismissed; (six) on illegal facts minor and timely corrected, no caused against consequences of case, recommends not administrative punishment; (seven) on beyond jurisdiction right of case, recommends case institutions by about provides transferred; (eight) on suspected crime of case, recommends transferred judicial organ. 51st review bodies review is completed, it shall reel.
    Agency case file and should be proposed for handling administrative punishment recommendations and review reported to the head of Administration for industry and commerce to censor decisions.
    52nd head of the Administrative Department for industry and Commerce administrative punishment recommendations approved, by the handling agency to handling a case on behalf of the authority, shall inform the parties of the proposed administrative penalty of facts, reasons, evidence, penalties, and shall inform the parties of the law shall have, the right to defence.
    Taken orally informed, handling body or delegated authority shall inform the case recorded, and the record signed or sealed by the parties.
    In written form, administration for industry and commerce to personal service, or you can delegate administration for industry and commerce, where the party service can also take served may be served by post.
    The above-mentioned approach could not be delivered, with the announcement by the Administration for industry and Commerce organs informed.
    Party within three working days from the date of receipt, or by registered mail, the date of 15th of handling, or from the date of notice in the 15th, a party statement is not exercised, the right to defence, nor any other, deemed to have waived this right.
    Provided for in the preceding paragraph may be served by post, as a result of force majeure or other exceptional circumstances, the parties concerned within the prescribed period has not received, within three working days from the date of actual receipt of exercising their rights. Intending to make administrative punishment belongs to the range of hearing, it shall inform the parties have the right to request hearings.
    The hearing procedure of administrative punishment cases, according to the State administration for industry and commerce the special provisions. 53rd in the industrial and commercial administrative authorities inform the party intends to make recommendations on administrative punishments, should fully heed the views of the parties. On the facts, reasons and evidence submitted by the parties, review carefully. Establishment of the facts and reasons or evidence submitted by the parties, industrial and commercial administrative authority shall be accepted.
    Grounds of party representation, to defend themselves, an increase in administrative punishment hearing on an application.
    Fourth Festival 54th, head of Administration for industry and commerce by the end of the investigation of the case report, review or hearing reports, statements, defence of the parties, proposed to undertake a review of the decision on administrative penalty, depending on the administrative penalties are made and dismissed, no administrative punishment, transferred to other bodies, such as a decision.
    55th industrial and commercial administrative organs of major and complex cases or cases of great violations given heavier punishment shall be submitted to the relevant meetings of the industrial and commercial administrative organs decided collectively.
    Grave and complex cases, or cases of great violations given heavier punishment range determined by the provincial administration for industry and commerce. 56th Administration for industry and Commerce administrative punishment decision, it shall make a written decision of administrative penalty.
    Administrative punishment decided book of content including: (a) party of name or name, and address, basic situation; (ii) violation legal, and regulations or regulations of facts and evidence; (three) administrative punishment of content and according to; (four) adopted party statement, and defence of situation and the reason; (five) administrative punishment of perform way and term; (six) refuses to administrative punishment decided, application administrative reconsideration or filed administrative litigation of way and term;
    (G) industrial and commercial administrative organs the administrative punishment decision made the name and date of the decision.
    Written decision of administrative penalty shall bear the seal of the administrative punishment decision of Administration for industry and commerce.
    The 57th General procedures for dealing with the case shall make a decision within 90 days from the date of filing; case is complex, cannot make a decision within the prescribed period, approved by the head of Administration for industry and commerce, you can extend the 30th; the case is particularly complex, adjourned still cannot make a decision, should be discussed by the relevant meetings of the administrative organ for industry and Commerce Group decide whether to proceed with an extension.
    During the hearing of the case, notice and identification of time not included in case processing time limit referred to in the preceding paragraph.
    Article 58th of industry and commerce administration authorities on complaints, reports, complaints involving suspected illegal administrative penalties, no administrative penalties, dismissed, transferred to other bodies, such as a decision, should be informed of the results being investigated and named complainant, complainants or informants.
    More informed, in accordance with the relevant provisions shall be public and shall take the appropriate measures to be published.
    59th has made the decision on administrative penalty cases suspected of a crime, administrative organs of industry and commerce shall be transferred to the judicial organs in a timely manner under the relevant provisions.
    The fourth chapter of summary procedure in administrative punishment 60th illegal facts are clear and there is a statutory basis, below 50 for citizens, legal person or other organization fined 1000 Yuan fine or warning of an administrative penalty, made the decision on the spot.
    Article 61st of summary proceedings to investigate violations, investigators should investigate illegal facts on the spot, making spot checks, interrogation, and gather the necessary evidence, fill out the order form, make a number of administrative penalty decision.
    Written decision of administrative penalty shall be served on the parties concerned on the spot, signed or sealed by the parties and investigators.
    62nd written decision of administrative penalties stipulated in the preceding article shall set forth the party's basic conditions, illegal basis, the types of penalties, fines, administrative penalties amounts, timing, location, relief, Executive name, stamped with the seal of the executive authorities. 63rd investigators on administrative punishment decision is made, shall inform the party making the facts, reasons and basis for administrative penalty decision, and shall inform the parties of the right to State and to defend themselves.
    Parties to plead, investigators should be recorded.
    64th articles applied summary procedures to investigate relevant case material, investigators should make its industrial and commercial administrative organs on file. During the fifth chapter, served on the 65th during the time, day, month, during or at the time of day are not counted.
    Period shall not include traveling time expires the last day of the period for the day, statutory holiday, Festival, holiday, on the first day after the date of the expiration of the period.
    66th industrial and commercial administrative organs served on the penalty decision, shall declare the spot after party; without the presence of the parties, shall, within the 7th served in accordance with provisions of article under.
    67th article business administration organ served instruments, except administrative punishment told book and hearing told book outside, should by following way served: (a) directly served party of, by party in served back card Shang indicate received date, and signature or sealed, party in served back card Shang indicate of sign date for served date; (ii) cannot directly served of, can delegate local business administration organ on behalf of served, also can registered mailing served, mailing served of, to receipt Shang indicate of received pieces date for served date; (C) cannot be served by adopting the above-mentioned approach, service by public announcement. Service by publication, in national newspapers or provincial level, where the authorities which handle their cases shall be published in the newspaper or in the Administration for industry and Commerce Bulletin Board notices, and while announcements on the AIC website. After 60 days from the date of announcement, the service shall be considered.
    Service by publication, shall be recorded in the files of the reasons and after.
    The sixth chapter the implementation of administrative punishments after 68th penalty according to law, the Parties shall comply within the time limit of the decision on administrative penalty. 69th industrial and commercial administrative organs of the parties to make fines, confiscation of illegal income penalty shall be from the date of receipt of the written decision by the parties in the 15th, to the nominated Bank pay and confiscated money.
    Has following case one of of, can by case personnel spot collection fine: (a) spot sentenced 20 Yuan following fine of; (ii) on citizens sentenced 20 Yuan above 50 Yuan following, and on corporate or other organization sentenced 1000 Yuan following fine, not spot collection after to implementation of; (three) in remote, and water Shang, and traffic inconvenience area and other reasons, party to specified Bank paid fine does have difficult, by party proposed of.
    Investigators to collect fines on the spot, shall be issued by the provinces, autonomous regions and municipalities directly under the unified financial sector issued receipts.
    70th investigators collect fines on the spot, shall from the date of collecting fines within the 2nd, submitted to its industrial and commercial administrative organs, administrative organs of industry and Commerce Bank of penalty payment specified in the 2nd.
    71st party fails to carry out administrative punishment decision, administration for industry and Commerce administrative punishment decision may take the following measures: (a) the expiration does not pay the fine, 3% Add a fine in amount of the daily penalty, (ii) as required by law, will be sealed up or seized property auctions or frozen deposits allocated arrived in fine, (iii), apply to a people's Court for compulsory execution. 72nd if they face genuine financial difficulty, delay or in installments to pay the fine, it shall submit a written application.
    Upon approval by the head of Administration for industry and commerce, by the handling agency to handling a case on behalf of the authority, inform the parties in writing an extension or staging of the term. 73rd industrial and commercial administrative organs shall establish and perfect the confiscated material management system.
    Specific measures formulated by the provincial administration for industry and commerce in accordance with the relevant provisions of the State.
    74th among the articles shall be destroyed in accordance with law, of illegally confiscated property shall be in accordance with State regulations, commissioning ineligible auction public auction or in accordance with the relevant provisions of the State.
    Confiscation of notes unified processed by relevant departments.
    Destruction of goods, in accordance with the relevant provisions of the State; not provided, approved by the head of Administration for industry and commerce, by two or more industrial and commercial administrative personnel oversaw the destruction, and destruction of records.
    Processing, shall draw up a list.
    Confiscation and forfeiture of the proceeds of the 75th article, must all be turned over to the financial, no unit or individual is allowed to retain, distribute or disguised privately. 76th on the lifting of coercive measures in accordance with law, and need to return the party's goods, and industrial and commercial administrative authority shall notify the party concerned within three months of receiving party is not clear, should take notice to notify the parties within six months unclaimed property. After expiration of claim notice or public announcement, unclaimed, and industrial and commercial administrative organs may be taken in accordance with the relevant provisions of auction or sale items, save the changed price in the Administration for industry and commerce on a dedicated account. Within one year from the date of goods remain unclaimed, price deductions for custody, surrendered after the necessary expenses incurred in fiscal.
    Otherwise stipulated by laws, administrative regulations, and from its provisions.
    Seventh chapter filing 77th article administrative punishment decided implementation finished, business administration organ should according to following requirements timely will case material filing archive: (a) files should a case a volume, files can points are volume, and Deputy volume; (ii) various instruments complete, procedures complete; (three) writing instruments with brush, and pen or print; (four) files binding should specification ordered, meet document requirements. 78th volume should be bound in the following order: (a) filing form, (ii) the written decision of administrative penalty;

    (Iii) other legal instruments issued by the parties; (d) the certificate of service (v) hearing; (vi) evidentiary materials; (VII) property handling and (VIII) other related material.
    Sub should be bound in the following order: (a) the complaint, complaints, reports and other source materials, (ii) investigation reports and documents relating to the end; (c) the review comments and (iv) hearing reports; (v) other relevant material. 79th files after archiving, no unit or individual shall not modify, increase, taking the case file.
    File storage and access, according to the relevant provisions of the archives management.
    Eighth supervision and 80th, head of the industrial and commercial administrative organs have the right to decide on the authority under the provisions of the administrative decision be reviewed.
    Superior industrial and commercial administrative organs have the right to decide to subordinate administrative organs for industry and commerce in accordance with the provisions of the administrative decision be reviewed.
    81st superior industrial and commercial administrative organs directly subordinate administrative organs for industry and Commerce administrative decision under review, error can be corrected directly subordinate administrative organs for industry and Commerce administrative decisions, or you can instruct the lower industrial and commercial administrative organs to correct its erroneous decision of administrative handling.
    Industrial and commercial administrative organs to make correct decisions for superior and subordinate administrative organ for industry and commerce shall be implemented.
    82nd superior administrative departments to instruct the lower industrial and commercial administrative organs for industry and commerce to re-examine, lower administrative organ for industry and commerce shall within the time limit set by the Administration for industry and Commerce organs at higher levels over case review.
    Lower administrative organ for industry and commerce shall, in reviewing a decision made in the 10th, will review submitted to the next higher administrative departments for industry and commerce.
    83rd make a decision of administrative handling of the industrial and commercial administrative organs to review administrative decisions, the investigators handling the case shall withdraw.
    84th on the original administrative decision review, review relevant meetings of the administrative organ for industry and Commerce of the conclusion should be decided collectively.
    85th industrial and commercial administrative organs and their personnel in violation of the law, administrative law and administrative penalties imposed by this provision should be subject to administrative liability of those serious cases, suspected of a crime, and transferred to the judicial authorities.
    Nineth chapter supplementary articles article 86th Administration for industry and commerce in these rules refers to the administration of industry and Commerce at or above the county level.
    87th independent enforcement powers of Administration for industry and commerce in accordance with Law Branch, team, the implementation of administrative punishments, these provisions shall apply.
    88th article of the provisions in the "upper" and "lower", "within", are included in this number.
    89th instruments of administrative punishment by the State administration for industry and Commerce formulate uniform. 90th these provisions come into force on October 1, 2007.
                                        On October 17, 1996, Commerce released the provisional regulations on the administration of industry and Commerce administrative penalty procedures abolished at the same time.

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