Entry-Exit Inspection And Quarantine Administrative Penalty Procedures

Original Language Title: 出入境检验检疫行政处罚程序规定

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(January 28, 2006, the State General Administration of quality supervision, inspection and quarantine promulgated as of April 1, 2006, 85th) Chapter I General provisions article administrative penalty is to regulate the entry and exit inspection and quarantine, according to the People's Republic of China on administrative punishment law and the relevant entry-exit inspection and quarantine laws and administrative regulations, this provision is enacted.
    A citizen, legal person or other organization-related entry-exit inspection and quarantine laws, administrative regulations or rules and regulations, should be given administrative punishments, administrative penalties in accordance with the provisions of this program.
    Administrative penalties article entry-exit inspection and quarantine work should follow the following principles: (a) take facts as the basis and laws as the criterion (ii) fair and open; (c) the combination of punishment and education (iv) to protect the legitimate rights and interests of citizens, legal persons and other organizations.
    Fourth national General Administration of quality supervision, inspection and quarantine is responsible for the national entry-exit inspection and quarantine administrative penalty management and supervision and inspection work.
    Organizations directly under the duties according to the entry-exit inspection and quarantine bureaux, responsible for the institution's administrative punishments, and affiliated branches conduct supervision and inspection of administrative penalty.
    The entry-exit inspection and quarantine branch is responsible for the institution of administrative punishments. Article fifth entry-exit inspection and Quarantine Bureau (hereinafter referred to as entry-exit inspection and quarantine institutions) for violations of the entry-exit inspection and quarantine laws and administrative regulations, in accordance with the provisions of the criminal law constitute a crime, shall, in accordance with the provisions of administrative law-enforcement organs transfer suspected criminal cases transferred to judicial organs for criminal responsibility shall be investigated in a timely manner the provisions of shall be subject to administrative punishment instead of criminal punishment.
    Entry-exit inspection and quarantine agencies shall be subject to recovery of inspection and quarantine measures such as administrative punishment.
    Sixth entry-exit inspection and quarantine authorities of the parties of the same offence shall not be given more than two penalties administrative penalties.
    Article seventh entry-exit inspection and quarantine authorities should improve the supervision system of administrative punishment, according to law enforcement qualifications, clear law enforcement functions, standard law enforcement to hold law enforcement responsibility, strict implementation of responsibility system of administrative law enforcement.
    Chapter II jurisdiction article eighth administrative punishment cases of entry-exit inspection and quarantine, entry-exit inspection and quarantine authorities of jurisdiction where the violation occurs.
    Major cases by violations to directly under the jurisdiction of the entry-exit inspection and Quarantine Bureau; in cases of great impact across the country from the jurisdiction of the State General Administration of quality supervision, inspection and quarantine.
    Nineth entry-exit inspection and quarantine authorities found case does not fall under its jurisdiction, it should be transferred to the entry-exit inspection and quarantine authorities having jurisdiction in a timely manner.
    Subject to the entry-exit inspection and quarantine authorities of the transfer shall not be transferred individually considered improperly transferred, shall be submitted to the common parent body to exercise jurisdiction.
    Tenth two entry-exit inspection and quarantine authorities have jurisdiction over administrative punishment cases, governed by first filed for entry-exit inspection and quarantine authorities, in connection with the case of the entry-exit inspection and quarantine authorities should cooperate with the investigation of the case.
    Jurisdiction disputes more than two entry-exit inspection and quarantine authorities, report to the common parent body to exercise jurisdiction.
    Involving more than two immediate entry-exit inspection and Quarantine Bureau of administrative punishment cases, cases of major complex administrative punishment cases, designated by the State General Administration of quality supervision, inspection and quarantine authority.
    11th article superior immigration test quarantine institutions think necessary Shi can jurisdiction subordinate immigration test quarantine institutions jurisdiction of administrative punishment case; subordinate immigration test quarantine institutions think case major, and complex of administrative punishment case, need by superior immigration test quarantine institutions jurisdiction of, can reported to the superior immigration test quarantine institutions jurisdiction; superior immigration test quarantine institutions think necessary Shi also can put himself jurisdiction of case referred to the subordinate immigration test quarantine institutions jurisdiction.
    12th there is no jurisdiction of the entry-exit inspection and quarantine authorities should be transferred to the relevant departments in a timely manner.
    Chapter III filing and investigating the 13th entry-exit inspection and quarantine authorities found that citizens, legal persons or other organizations for breach of entry-exit inspection and quarantine laws, administrative regulations, or the rules of behavior, and the need to impose administrative penalties, should be found within 10th of a case.
    14th suspected violations of Department to the application when filed shall be made out of the administrative punishment cases form, examined by the Legal Affairs Department, reported to the heads of agencies to decide whether filing.
    15th case decision to investigate cases, entry-exit inspection and quarantine authorities in determining the date of filing should be designated within the 3rd case investigators.
    Investigators and their clients have a direct interest, should be avoided.
    16th investigators should be the facts of the case to conduct a comprehensive, objective, and impartial investigations and collect evidence in accordance with law.
    When the investigation, the investigator shall not be less than two, and shall produce to the party or person concerned law enforcement credentials.
    Investigators believe necessary, may be issued to the party or person concerned notice of the investigation.
    Or persons concerned shall truthfully answer questions and assist the parties to cooperate with the investigation, examination or on-site inspection shall not be obstructed.
    17th to the party concerned, or the investigations when asked, of the investigative records shall be made, subject to investigation of the investigative records, the parties or the relevant person's signature or seal. 18th scene investigation, shall be made of the transcripts, the transcripts be subjected to investigation, the parties or the relevant person's signature or seal.
    Witnesses present, requested the presence of a witness signature or seal.
    Investigators can check out the 19th article, record or copy and in the case of contracts, documents, invoices, books of account, documents and other material or samples, recording, photographing, photography and other methods to collect evidence. In the case of evidence may be destroyed or lost or difficult to obtain later, approved by the head of the entry-exit inspection and quarantine institutions, advanced registration and preservation. Collecting evidence should be original and original.
    There is difficulty in access to original, original, units or individuals may submit evidence in the replica, copy, photo is signed or stamped, and annotated "with the original () the same" words or text.
    With one of the following e-mail, electronic data exchange, such as the output of electronic evidence, equated with the original effect: (a) have a legal means of electronic authentication, to ensure its authenticity and (b) a notary (iii) parties and stakeholders recognized the objective truth, and being legally recognized as valid evidence. 20th article take registration save, and seized, and seized, and sealed, measures of, should issued registration save (seized) (seized) (sealed) items decided book, and fill in registration save (seized) (seized) (sealed) items listing, by survey personnel, and party, and items custody people signature or sealed confirmed, and added posted seals or added Shi seal General.
    Witnesses, you can witness signatures or seals.
    Registration save, and seized, and seized, and sealed Shi, party not presence of, should invited witnesses scene, description situation, by witnesses in registration save (seized) (seized) (sealed) items decided book by attached of registration save (seized) (seized) (sealed) items listing Shang signature or sealed, and should in about items of site near posted announcement.
    To the registration and preservation of the goods, and shall make a decision within the 7th. Need lifted registration save, and seized, and seized, and sealed, measures of, should to party issued lifted registration save (seized) (seized) (sealed) items decided book, and fill in lifted registration save (seized) (seized) (sealed) items listing, by survey personnel, and party, and items custody people signature or sealed confirmed, lifted registration save, and seized, and seized, and sealed, measures.
    Witnesses, you can witness signatures or seals.
    These measures should be approved by the competent leadership of the entry-exit inspection and quarantine authorities, but in case of emergency, measures to be taken in advance and go through examination and approval procedures. 21st parties on relevant material surveyed refused to sign or seal, indicate the situation by investigators.
    Witnesses present, requested the presence of a witness signature or seal.
    22nd investigations should be at the end of 60 days from the date of filing.
    Inspection, quarantine and identification of needs, not counting the time required within the period specified in the preceding paragraph. Difficult cases approved by the Legal Affairs Department head may be appropriately extended the investigation time limits, but the extension of the time limit not later than 30th.
    Unable to complete investigations in the extension, reported head of the entry-exit inspection and quarantine authorities decided whether to continue the investigation.
    23rd end investigations, investigating officer of the administrative punishment cases report of violations submitted comments, sent Legal Department review.
    Fourth chapter punishment decided 24th article legal work sector should on administrative punishment case survey report, case material for full review, according to different situation, proposed review views: (a) facts clear, evidence, applies legal, and administrative regulations or regulations right, program legal of, proposed punishment views; (ii) applies legal, and administrative regulations or regulations errors of, be corrected; (three) facts not clear, evidence insufficient or program not legal of, again survey;
    (D) the illegal facts are not established or has exceeded the limitation period, to dismiss the case; (e) the offence minor and correct, causes no harmful consequences, no administrative penalties; (f) an unlawful act of a crime, transferred to the judicial authorities.
    25th article before making a decision of administrative penalty, legal affairs departments shall draw up a notice of administrative penalty served on the parties concerned, inform the party intends to make a decision of administrative penalty of the facts, reasons and according to the decision, and shall inform the parties of the date of receipt of the notice of administrative penalty within 3rd from right to statements and pleadings, meet the conditions for a hearing is entitled to request a hearing. The 26th entry-exit inspection and quarantine authorities before making a decision of administrative penalty must be fully listened to the views of the parties, the facts, reasons and evidence submitted by the parties should be reviewed.
    Establishment of the facts, reasons and evidence submitted by the parties, should be adopted.
    Entry-exit inspection and quarantine agencies shall not be a party statement and defend penalties or to apply for a hearing.
    After review, to be different from the former shall inform the parties of the decision and shall reissue the notice of administrative penalty.
    27th where one of the following circumstances shall be given a lighter penalty: (a) the initiative to eliminate or alleviate the consequences of the violations committed against (ii) complex has performed meritorious service to investigate violations committed; (c) coercion of violations by others and (d) of the other shall be given a lighter punishment.
    Article 28th of the following circumstances, shall be punished as follows: (a) has carried out illegal acts; (b) the dire consequences of the violation, and (iii) impede investigations, transfer, concealment or destruction of evidence or deliberately give false evidence, illegal cover up facts.
    Violation of article 29th of violations committed more than two inspection and quarantine laws, administrative regulations, or the rules, the more than two inspection and quarantine laws and administrative regulations or rules of the liability provisions overlap, combined penalty types pursue legal responsibilities.
    30th combined penalty type shall be investigated for legal responsibility, for violations committed are serious, merge all punishment types for violations are minor, choose partial or lesser punishment category.
    Combined penalty types more than two inspection and quarantine laws, administrative regulations or rules are fine, not cumulative fines, should choose to use a large amount of fine articles.
    When combined penalty, in the case of entry-exit inspection and quarantine laws and administrative regulations of reconsideration and litigation against the parties prescribed a different, you should select a longer term.
    31st case of administrative penalty decision needs to be made, filled in by the Legal Affairs Department of the administrative punishment cases approval form, head of the entry-exit inspection and quarantine authorities for review and approval.
    No complicated or imposing a heavier penalty, cases of administrative punishment, collective discussion and decision.
    Articles 32nd to make the decision on administrative penalty, it shall make a written decision of administrative penalty.
    Administrative punishment decided book should contains Ming following content: (a) party of name or units name, and address; (ii) illegal facts and evidence; (three) administrative punishment of according to; (four) administrative punishment of type; (five) administrative punishment of perform way and term; (six) refuses to administrative punishment decided Shi application reconsideration or filed administrative litigation of way and term; (seven) made administrative punishment decided of immigration test quarantine institutions of name; (eight) made administrative punishment decided of date.
    The written decision of administrative penalty shall be affixed the seal of the entry-exit inspection and quarantine authorities of the decision on administrative penalty. 33rd investigate cases of administrative penalty decision shall end within 30th of the date made.
    Need a hearing, shall be made from the date of the end of the hearing within the 30th.
    The fifth chapter summary the 34th for the illegal facts are clear, the evidence should be made of the following administrative penalties in accordance with law, entry-exit inspection and quarantine institutions may apply summary procedure, administrative penalty made on the spot to decide: (a) a warning, (ii) fined a maximum of 50 Yuan for citizen; (c) below 1000 Yuan fine for legal persons or other organizations.
    35th decision for administrative penalty from law enforcement officers on the spot, shall present to the parties or their representatives of law enforcement certificates, issuance of the written decision of administrative penalty on the spot. Written decision of administrative penalty shall be clearly stated on the spot of the parties or their representatives of the illegal activity, violations, illegal acts took place, basis of administrative punishment, punishment types, decision time, implementation of the punishment and terms, against an administrative punishment decision may apply for administrative reconsideration or bring an administrative suit approaches and deadlines, entry-exit inspection and quarantine institutions name and stamped with the seal of the institution.
    Parties or their representatives shall, on the written decision of administrative penalty on the spot signature, seal or thumbprint, and by law enforcement officers spot after the signature of the parties or their representatives. Party or his representative refuse to sign or seal or thumbprint, and law enforcement personnel shall indicate the situation on the written decision of administrative penalty on the spot.
    Witnesses present, requested the presence of a witness signature, seal or thumbprint.
    Enforce on the spot penalties, law enforcement officials shall not be less than two.
    Party or his representative the law disagrees with the facts and cannot be verified on the spot, do not apply summary procedure.
    36th date of the decision on the spot from law enforcement personnel within the 5th, will hand out copies of the written decision of administrative penalty on the spot belongs to legal work of entry-exit inspection and quarantine authorities for filing.
    Sixth chapter hearing 37th article immigration test quarantine institutions in made following punishment decided Qian, should told party enjoys requirements hearing of right: (a) on citizens sentenced 10000 Yuan above fine of; (ii) on corporate or other organization sentenced 100000 Yuan above fine of; (three) revoked administrative license, and revoked administrative license documents of; (four) revoked has made of quarantine card single of; (five) ordered discontinued, and closed of; (six) other meet legal, and administrative regulations provides of hearing conditions of.
    38th the parties to request a hearing, it should be raised in the entry-exit inspection and quarantine authorities informed 3rd.
    39th entry-exit inspection and quarantine authorities shall hold a hearing before the 7th of administrative punishment hearing notice will be served on the parties concerned.
    The notification of administrative punishment hearing shall set forth the following particulars: (a) the name or a company name, (ii) time, place and manner of the hearing, (iii) the hearing officer and the Clerk's name, title, and (d) shall inform the parties of the right to apply for the withdrawal (v) informing the party concerned matters such as preparing evidence, notify the witness.
    The notification of administrative punishment hearing shall bear the seal of the entry-exit inspection and quarantine authorities.
    40th hearing shall be held openly, and involve State secrets, business secrets or private affairs otherwise. 41st hearing specified by the entry-exit inspection and quarantine institutions of non-investigation of the case officer.
    Investigators, parties, and the Court Clerk to participate in the case. Hearing host perform following duties: (a) decided held hearing of time, and locations and notification hearing participate in people; (ii) review hearing participate in people of qualification; (three) presided over hearing, and on case of facts, and evidence or and of related of legal for asked, requirements hearing participate in people provides or added evidence; (four) maintenance hearing of order, on violation hearing discipline of behavior for warning or take necessary of measures be stop; (five) on hearing record for review, and proposed audit views; (six) decided extension, and
    Termination hearing, announced the end of a hearing; (VII) other duties stipulated by laws and administrative rules and regulations.
    Think hearing or the court clerk and the parties have a stake in the present case, the right to apply for withdrawal. Hearing withdrawal of the entry-exit inspection and quarantine Administration Director decisions.
    Clerks of the withdrawal by the hearing officer decisions.
    42nd the parties may attend the hearing in person or may appoint 1 or 2 agents to participate in the hearing.
    Commissioned agents to participate in a hearing, the power of attorney should be submitted.
    Be unable to attend the hearing, entry-exit inspection and quarantine agencies shall inform the hearings.
    43rd article hearing by following program for: (a) hearing host check party, and Agent identity, announced hearing discipline; (ii) hearing host announced hearing began, told party of right obligations, asked party whether application avoided; (three) case survey people description party illegal of facts, and evidence, and intends made administrative punishment decided of according to and content; (four) party on case facts, and evidence, and intends made administrative punishment decided of according to and content for quality card and defence;
    (E) issues related to the case, the hearing to the parties, case investigation, witnesses asked; (f) the parties make a final statement. After the end of the hearing, shall make a written administrative punishment hearing the parties and witnesses and the case after investigators verified as correct signature or seal.
    The party refuses to sign or seal, by hearing of the administrative punishment hearing transcripts indicate.
    44th article administrative punishment hearing record should contains Ming following matters: (a) case; (ii) hearing participate in people name or units name, and address; (three) hearing host, and clerk name, and positions; (four) held hearing of time and locations; (five) case survey people description of illegal facts, and evidence and intends made administrative punishment decided of legal according to and content; (six) party statement, and quality card and defence of content.
    45th article has following case one of of, hearing host can decided extension held hearing: (a) party has due reason not scene of; (ii) party proposed avoided application reason established, need again determine hearing host of; (three) has new of facts need survey verified of; (four) party for lost capacity of natural, need waiting for statutory agent of; (five) party for corporate and the other organization, occurred merged, and Division, subject change matters, need waiting for right obligations heir of;
    (Vi) other circumstances that need an extension. 46th article has following case one of of, hearing program terminated: (a) party no due reason not on time attended hearing or midway unauthorized exit hearing of; (ii) violation hearing discipline, not listening to hearing host stop, plot serious of; (three) party death or terminated of; (four) party clear said gave up hearing of; (five) party occurred subject change matters, right obligations heir clear said gave up hearing of; (six) party lost capacity,
    His legal representative expressly waives a hearing.
    The 47th after the end of the hearing, submit written observations by the hearing officer, head of the hearing according to the hearing officer's opinion, the hearing record and make a decision according to law or submit all materials of the case decided collectively.
    48th unless extended outside the hearing, the hearing shall be put forward by the parties from the date of the hearing in the 30th over.
    Hearing the costs borne by the entry-exit inspection and quarantine authorities of the hearings.
    49th served on the seventh chapter of the notice of administrative penalty and the written decision of administrative penalty shall proclaim the spot after the party, the parties should be on the certificate of service of administrative punishment instruments signature, seal or thumbprint.
    50th of the addressee refuses to accept, the person should be invited to witness the scene, explained the situation, stated on the certificate of service of administrative punishment instruments rejected by subject matter and date, service, witness signatures or seals, the notice of administrative penalty, the administrative penalty decision in the addressee's residence or place, that is deemed to be effected.
    51st the notice of administrative penalty, of the written decision of administrative penalty cannot be declared on the spot delivery party, entry-exit inspection and quarantine authorities shall, on the date of the decision served in the 7th. 52nd of the notice of administrative penalty, the written decision of administrative penalty cannot be directly delivered, can be served by post or other entry-exit inspection and quarantine authority.
    Unable to mail delivery and commissioned delivery, service by public announcement. 53rd direct service and commissioned service, service shall be effected in the certificate of service of administrative punishment instruments on the signing date for date of service. Service by post, date of receipt date stated for delivery.
    Service by publication, spontaneously out of 60 days from the date of the notice, the service shall be considered.
    Eighth chapter 54th refuses to accept the decision on administrative penalty is executed, may apply for administrative reconsideration or bring an administrative suit, unless otherwise prescribed by law, administrative penalty does not stop execution. When the entry-exit inspection and quarantine authorities impose administrative penalties, it shall order the parties to correct or rectify violations.
    If necessary, issue a notice of the correction. 55th the Parties shall be fined from receipt of entry-exit inspection and quarantine authorities of the 15th days of the written decision of administrative penalty within the designated bank to pay the fine.
    All fines turned over to the State Treasury.
    56th in accordance with the provisions of the present article 34th administrative punishment on the spot, any of the following circumstances, law enforcement officers can collect fines on the spot: (a) to grant 20 Yuan fine (ii) is not collected on the spot are difficult to implement.
    Under the summary procedure or the general procedures for the decision on administrative penalty, in remote, water and transportation areas, the parties to the designated bank to pay the fine is really difficult, as put forward by the parties, and entry-exit inspection and quarantine agencies and law enforcement officers to collect fines on the spot.
    57th entry-exit inspection and quarantine authorities and law enforcement officers to collect fines on the spot, must be issued to the party concerned provincial financial departments issued ticket.
    58th party fails to carry out administrative punishment decision, the entry-exit inspection and quarantine authorities of the decision on administrative penalty 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 against payment of a fine, (iii), apply to a people's Court for compulsory execution.
    Article 59th of genuine financial hardship, delay or in installments to pay the fine, an application shall be in writing, subject to the entry-exit inspection and quarantine authorities approved of the decision on administrative penalty may be extended or made in installments.
    Approved extension or staging the parties to pay the fine, entry-exit inspection and quarantine authorities should make the extension (staging) to pay the fine of decision, and served on the party. 60th administrative punishment after the end of the case, Legal Affairs Department of the final report on administrative punishments should be filled in and all the materials of the case filing.
    Administrative punishment case files should be saved for a long time.
    61st involves State secrets, business secrets and personal privacy, the entry-exit inspection and quarantine authorities should keep it a secret.
    Before the case, all the evidence related to the case, proceedings, investigations and other, included in the scope of confidentiality, without approval of the Legal Affairs Department head shall not be disclosed.
    Nineth chapter supplementary articles article 62nd State administration of quality supervision, inspection and Quarantine Bureau, national certification and accreditation Management Committee to implement entry-exit inspection and quarantine administration punishment, reference to these regulations. Violation of entry-exit inspection and quarantine laws, administrative regulations or rules of behaviour is not discovered within 2 years, no longer be given administrative punishment.
    Except as otherwise provided by law.
    The period of time specified in the preceding paragraph, from the date on which the violation occurred; continuous or continuing status for offences, from the date on which the Act ended.
    The 63rd entry-exit inspection and quarantine institutions and their staff in violation of the provisions of article, in accordance with the People's Republic of China on administrative punishment law and related laws, rules or regulations shall be investigated for legal responsibility.
    64th format specification text of entry-exit inspection and quarantine administration punishment instruments formulated by the State administration of quality supervision, inspection and quarantine. 65th of these provisions in the "upper" and "lower" and "within" are included in this number.
    In these provisions, the "day", with the exception of the 22nd, in articles 33 and 53 of the natural day, the others all day.
    66th interpret these provisions by the State General Administration of quality supervision, inspection and quarantine. 67th these provisions come into force on April 1, 2006.
                                          Former State administration for entry-exit inspection and Quarantine Bureau on November 23, 1999, issued by the entry-exit inspection and quarantine measures of administrative penalty be repealed simultaneously.

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