General Administration of Quality Supervision, Inspection and Quarantine Order of the General Administration of Quality Supervision, Inspection and Quarantine No.85 The Provisions Governing the Administrative Punishment Procedures of Entry/Exit Inspection and Quarantine, which were adopted through Director General of General Administration of Quality Supervision, Inspection and Quarantine, Li Changjiang January 28, 2006 Provisions Governing the Administrative Punishment Procedures of Entry/Exit Inspection and Quarantine Chapter I General Provisions Article 1 For the purpose of regulating the actions of administrative punishment on entry/exit inspection and quarantine, the present Provisions Article 2 Where any citizen, legal person, or other organization violates any of the provisions of relevant laws, administrative regulations, Article 3 The following basic principles shall be followed in the work of administrative punishment on entry/exit inspection and quarantine: 1. Taking facts as the basis and law as the yardstick. ; 2. Justness and openness; 3. Combining punishment with education; and 4. Protecting the lawful rights and interests of citizens, legal persons, and other organizations. Article 4 The General Administration of Quality Supervision, Inspection and Quarantine (GAQSIQ) shall be responsible for the administration Each entry/exit inspection and quarantine bureau directly under the GAQSIQ shall, according to its own functions, be responsible for Each entry/exit inspection and quarantine branch or sub-branch bureau shall be responsible for the administrative punishment work Article 5 For those who violate any law or administrative regulation on entry/exit inspection and quarantine and thus a crime is constituted Article 6 An entry/exit inspection and quarantine organ shall not impose an administrative punishment of fine two or more times to any party Article 7 An entry/exit inspection and quarantine organ shall improve its administrative punishment supervision system, and determine the subjective Chapter II Jurisdiction Article 8 For the case of administrative punishment on entry/exit inspection and quarantine, the entry/exit inspection and quarantine organ A grave case shall be put under the jurisdiction of the entry/exit inspection and quarantine organ directly under the GAQSIQ at the Article 9 In case an entry/exit inspection and quarantine organ discovers that a case is not under its jurisdiction, it shall transfer it to The entry/exit inspection and quarantine organ to which the case has been transferred shall not retransfer it to any other organ on Article 10 When two or more entry/exit inspection and quarantine organs have jurisdiction over an administrative punishment case, the entry/exit If a dispute arises over jurisdiction between two or more entry/exit inspection and quarantine organs, it shall be reported to the For any administrative punishment case involving two or more entry/exit inspection and quarantine bureaus directly under the GAQSIQ, Article 11 A superior entry/exit inspection and quarantine organ may execute jurisdiction over an administrative punishment case under the jurisdiction Article 12 If a case is not under the jurisdiction of an entry/exit inspection and quarantine organ, it shall be transferred to the relevant Chapter III Case Filing and Investigation Article 13 In case any entry/exit inspection and quarantine organ discovers that any citizen, legal person, or other organization has any act Article 14 The department that discovers any suspected violation of law shall fill in a Form of Examination and Approval for Case filing of Administrative Article 15 If an entry/exit inspection and quarantine organ determines to establish a case and make investigation into it, it shall designate In case any investigator has any direct relationship of interests with the party concerned, it shall withdraw. Article 16 The investigators shall make overall, objective, and just investigations into the facts of a case, and collect evidence according In the course of making an investigation and gathering evidence, the investigators shall be no less than two persons, and shall show The investigators may send an Investigation Notice to the parties or the relevant personnel if they believe it necessary. The parties or the relevant personnel shall answer the inquiries according to the facts and assist in and cooperate with the investigation, Article 17 When making an investigation and inquiry to any party or relevant personnel, an Written Records of Investigation shall be made with Article 18 In the event of on-site survey, a Written Records of On-site Survey shall be made with the signatures or seals of the investigators, Article 19 The investigators may consult, record, or copy the contracts, documentations, invoices, account book, documents, and other materials Under the circumstance where any evidence may be lost or hard to obtain later, and upon the approval of the person-in-charge of the Any e-mail, electronic data interchange, and other transmission documents of electronic evidence that is under any of the following 1. Having legal means of electronic certification, which can ensure its truthfulness; 2. Having been notarized by the public notary organs; or 3. The parties and the interested parties recognize its objectiveness and truthfulness, and it has been confirmed as valid evidence according Article 20 In case such measure as registration on preservation, seizure, detention, or sealing up is taken, a Letter of Determination on Registration When making a registration on preservation, seizure, detention, or sealing up, if the party is not present at the scene, a witness For articles preserved through registration, a decision shall be made on its disposition within 7 days. Where there is necessity to cancel such measures as registration on preservation, seizure, detention, or sealing up, the Letter of The adoption of the aforesaid measures shall be subject to the approval of the leaders in-charge of the entry/exit inspection and Article 21 In case any party refuses to affix his signature or seal onto the relevant materials when accepting investigation, the investigators Article 22 The case investigation shall be terminated within 60 days from the day when the case is established. Where there is necessity to make an inspection, quarantine, and authentication, the time required shall not be computed in the time The time limit for investigation on a grave and difficult case may be extended properly upon the approval of the person-in-charge Article 23 After the investigation of a case is terminated, the investigators shall submit an Investigation Report on Administrative Punishment Chapter IV Punishment Decision Article 24 The department of legal affairs shall make an overall examination on the Investigation Report on Administrative Punishment Case and 1. If the fact is clear, the evidence is solid, the application of laws, administrative regulations or rules is correct, and the procedures 2. If there is any error in the application of laws, administrative regulations, or rules, it shall be corrected; 3. If the fact is not clear, or there is no sufficient evidence, or the procedures are illegal, an investigation shall be made once again; 4. If the facts of violation could not be established or it has exceeded the time limit for prosecuting against offenders, the case shall 5. If the law-breaking act is not serious and has been corrected in a timely manner, and does not result in negative effect, no administrative 6. If the law-breaking act is suspected of constituting a crime, it shall be transferred to the judicial department. Article 25 Before making a decision on administrative punishment, the department of legal affairs shall make a Notice on Administrative Punishment Article 26 Before making a decision on administrative punishment, an entry/exit inspection and quarantine organ shall fully hear the opinions The entry/exit inspection and quarantine organ shall not give a heavier punishment on the party because it/he has made statements, In case the entry/exit inspection and quarantine organ plans to make a punishment decision different from the one that has been notified Article 27 In case any party is under any of the following circumstances, it shall be given a lighter punishment: 1. He/it eliminates or reduces the negative effect of the illegal act on his/its own initiative; 2. He/it cooperates with the investigation of the illegal acts and has performed any meritorious service; 3. He/it commits the illegal act under the duress of others; or 4. Other circumstances under which he/it shall be given a lighter punishment. Article 28 In case any party is under any of the following circumstances, he/it shall be given a heavier punishment: 1. He/it commits illegal acts for several times; 2. The illegal act has resulted in serious consequences; or 3. He/it obstructs the case investigation, purposely transfers, conceals, or destroys any evidence or provides any false evidence, and Article 29 In case any illegal act of a party violates two or more laws, administrative regulations or rules on inspection and quarantine at Article 30 In case one is subject to any legal liability by conjoining different penalties, and if the illegal act is serious, all the penalties In the case of conjoining different penalties, if there are provisions on fines in two or more inspection and quarantine laws, administrative In the case of enjoining penalties, if the provisions on the time limit for filing a reconsideration or litigation by the parties Article 31 If there is necessity to make a decision on administrative punishment to a case, the department of legal affairs shall fill in a Form Article 32 When a decision on administrative punishment is made, a Letter of Determination on Administrative Punishment shall be made. The following contents shall be specified in the Letter of Determination on Administrative Punishment: 1. Name of the party or the name and address of the entity; 2. Illegal facts and evidence; 3. Basis for administrative punishment; 4. Kinds of administrative punishment; 5. Ways of implementation of administrative punishment and the time limit thereof; 6. Ways of applying for reconsideration or filing an administrative litigation when the party is not satisfied with the decision on administrative 7. Name of the entry/exit inspection and quarantine organ that has made the decision on administrative punishment; and 8. Date for making the decision on administrative punishment. The Letter of Determination on Administrative Punishment shall be affixed with the seal of the entry/exit inspection and quarantine Article 33 A decision on administrative punishment shall be made within 30 days from the day when the investigation on a case is terminated. Chapter V Summary Procedures Article 34 If the illegal facts of a case is clear, and the evidence thereof is solid, and the following administrative punishment shall be given 1. Warning; 2. Giving a fine of less than 50 Yuan to a citizen; or 3. Giving a fine of less than 1000 Yuan to a legal person or other organization. Article 35 If the law enforcement personnel make a decision on administrative punishment on the spot, they shall show their law enforcement certificate The Letter of Determination on On-site Administrative Punishment shall specify the illegal act of the party or his/its representative In case the party or his/its representative on the scene refuses to affix his signature or seal or refuses to press his fingerprint, There shall be no less than two law enforcement personnel present when implementing an on-site punishment. In case the party or his/its representative on the scene dissents with the determination of the illegal facts, and such facts could Article 36 The law enforcement personnel shall, within 5 days from the day when the on-site punishment decision is made, send a Letter of Determination Chapter VI Hearing Article 37 Before an entry/exit inspection and quarantine organ makes any of the following punishment decisions, it shall notify the party he/it 1. Giving a citizen a fine of 10,000 Yuan or more; 2. Giving a legal person or other organization a fine of 100,000 Yuan or more; 3. Revoking administrative license or suspending certificate of administrative license; 4. Suspending the quarantine documentation that has been obtained; 5. Ordering to stop production or business operations; and 6. Other conditions that comply with the hearing conditions as prescribed by any law or administrative regulation. Article 38 In case any party requests a hearing, he/it shall bring it forward within 3 days after the entry/exit inspection and quarantine organ Article 39 An entry/exit inspection and quarantine organ shall serve the Notice on Hearing of Administrative Punishment to the party 7 days before The following matters shall be specified in the Notice on Hearing of Administrative Punishment: 1. Name of the party or the post_title of the entity; 2. Time, place and ways for holding the hearing; 3. Name and post of the chairperson and the clerk; 4. Notifying the party his/its right to apply for withdrawal; and 5. Notifying the party to prepare for evidence, notify the witness and other matters concerned. The Notice on Hearing of Administrative Punishment shall be affixed with the seal of the entry/exit inspection and quarantine organ. Article 40 A hearing shall be held openly, unless any state secret, business secret or individual privacy is involved. Article 41 The hearing shall be presided over by the person who is not an investigator in this case as designated by the entry/exit inspection A chairperson shall perform the following functions: 1. Determining the time and place for holding the hearing and notify the participants to the hearing; 2. Examining the qualification of the participants to the hearing; 3. Presiding over the hearing, and making inquiries on the facts, evidence of the case, and the relevant laws to be related, and requesting 4. Maintaining the hearing order, and giving warning to those in violation of hearing disciplines or taking necessary measures to stop 5. Making review on the written records of hearing, and bringing forward examination opinions; 6. Determining to postpone or terminate the hearing or declaring to terminate the hearing; and 7. Other functions as prescribed by any law, administrative regulation, or rule. In case any party believes that the chairperson or the clerk has any relationship of interest with this case, he/it shall have the The withdrawal of the chairperson shall be decided by the person in charge of the entry/exit inspection and quarantine organ. The Article 42 The party may take part in the hearing personally, or entrust one to two agents to take part in the hearing. In case any party entrusts an agent to take part in the hearing, he/it shall submit a power of attorney. In case any party who is unable to take part in the hearing as scheduled, he/it shall notify the entry/exit inspection and quarantine Article 43 The hearing shall be carried out according to the following procedures: 1. The chairperson checks the identities of the parties or the agent, and declares the disciplines on the hearing; 2. The chairperson declares the beginning of the hearing, and notifies the parties of their rights and obligations, and inquires the 3. The case investigators state the illegal facts of the parties and the evidence thereof, as well as the basis and contents of the decision 4. The parties make cross-examination and defenses on the facts of the case and the evidence thereof, as well as the basis and contents 5. The chairperson makes inquiry on the parties, case investigators, and the witnesses concerning the relevant issues; and 6. The parties make final statements. After the hearing finishes, the Minutes of Meeting on the Hearing of Administrative Punishment shall be given to the parties, witnesses, Article 44 The following matters shall be specified in the Minutes of Meeting on the Hearing of Administrative Punishment: 1. Nature of the case; 2. Name of the hearing participants or the name and address of the entity; 3. Name and post of the chairperson and the clerk; 4. Time and place for holding the hearing; 5. The illegal facts, evidence stated by the case investigators, and the legal basis and contents of decision on the administrative punishment 6. The contents of the statements, cross-examination, and averments of the parties. Article 45 Under any of the following circumstances, the chairperson may decide to postpone the hearing: 1. The party is not present due to the justifiable reason; 2. The reasons for the party to apply for withdrawal can be established, and there is necessity to determine the chairperson once again; 3. There are new facts to be investigated and verified; 4. The party is a natural person who loses the capacity to conduct, and it is necessary to wait for his legal agent; 5. The party is a legal person or other organization, which occurs merger, division, or other matters concerning the alteration of subjects, 6. Other circumstances under which the hearing needs to be postponed. Article 46 Under any of the following circumstances, the hearing procedures shall be terminated: 1. The party concerned fails to attend the hearing without justifiable reasons or quits the hearing without permission; 2. The party concerned violates the hearing disciplines, and does not obey the chairperson, and the circumstance is serious; 3. The party concerned dies or terminates; 4. The party concerned clearly expresses to give up the hearing; 5. The party concerned occurs matter of alteration of the subject, and the successors of his/its rights and obligations clearly expresses
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Home German Laws PROVISIONS GOVERNING THE ADMINISTRATIVE PUNISHMENT PROCEDURES OF ENTRY/EXIT INSPECTION AND QUARANTINE