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
discussion at the executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on December 31,
2005, are hereby promulgated, and shall come into force as of April 1st, 2006.

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
are formulated in accordance with the Administrative Punishment Law of the People’s Republic of China and the relevant laws and administrative
regulations on entry/exit inspection and quarantine.

Article 2

Where any citizen, legal person, or other organization violates any of the provisions of relevant laws, administrative regulations,
or rules on entry-exit inspection and quarantine, and shall be subject to administrative punishment, he/it shall be given administrative
punishment according to the provisions of the present Procedures.

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
work of administrative punishment on entry/exit inspection and quarantine nationwide and the supervision and inspection thereof.

Each entry/exit inspection and quarantine bureau directly under the GAQSIQ shall, according to its own functions, be responsible for
the administrative punishment work of its own organ, and shall conduct supervision and inspection on the administrative punishment
work of the branches subordinated to it.

Each entry/exit inspection and quarantine branch or sub-branch bureau shall be responsible for the administrative punishment work
of its own organ.

Article 5

For those who violate any law or administrative regulation on entry/exit inspection and quarantine and thus a crime is constituted
according to the provisions of the Criminal Law, each entry/exit inspection and quarantine bureau (hereinafter referred to as the
entry/exit inspection and quarantine organ) , shall transfer them to the judicial department in accordance with the Provisions on
the Transfer of Cases of Suspected Crimes by Administrative Law Enforcement Departments in a timely manner, and shall not substitute
administrative punishment for criminal punishment. An entry/exit inspection and quarantine organ shall not substitute such measures
as demanding the payment of inspection and quarantine fees, and etc. for administrative punishment.

Article 6

An entry/exit inspection and quarantine organ shall not impose an administrative punishment of fine two or more times to any party
on a same illicit action..

Article 7

An entry/exit inspection and quarantine organ shall improve its administrative punishment supervision system, and determine the subjective
qualification of the law enforcement according to law, clarify the law enforcement functions, and regulate the law enforcement acts,
impose punishments upon illegal law enforcement activities, as well as strictly implement the administrative law enforcement responsibility
system.

Chapter II Jurisdiction

Article 8

For the case of administrative punishment on entry/exit inspection and quarantine, the entry/exit inspection and quarantine organ
at the place where a law-breaking act is committed shall have jurisdiction. .

A grave case shall be put under the jurisdiction of the entry/exit inspection and quarantine organ directly under the GAQSIQ at the
place where the law-breaking act is committed; and the cases having a grave influence nationwide shall be put under the jurisdiction
of GAQSIQ.

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 that has jurisdiction over it in a timely manner .

The entry/exit inspection and quarantine organ to which the case has been transferred shall not retransfer it to any other organ on
its own initiative; if it believes that the transfer is not proper, it shall report to the common superior organ in dispute for designated
jurisdiction.

Article 10

When two or more entry/exit inspection and quarantine organs have jurisdiction over an administrative punishment case, the entry/exit
inspection and quarantine organ which is the first to file up the case shall have jurisdiction over it, and the entry/exit inspection
and quarantine organ relating to the case shall offer assistance in the investigation of the case and the punishment thereof.

If a dispute arises over jurisdiction between two or more entry/exit inspection and quarantine organs, it shall be reported to the
common superior organ for the designated jurisdiction.

For any administrative punishment case involving two or more entry/exit inspection and quarantine bureaus directly under the GAQSIQ,
or for any administrative punishment case that is grave and complicated, the jurisdiction shall be designated by GAQSIQ.

Article 11

A superior entry/exit inspection and quarantine organ may execute jurisdiction over an administrative punishment case under the jurisdiction
of an entry/exit inspection and quarantine organ at a lower level if it believes necessary. Where an entry/exit inspection and quarantine
organ at a lower level believes that an administrative punishment case is grave and complicated, and need to be put under the jurisdiction
of a superior entry/exit inspection and quarantine organ, it may report to the superior entry/exit inspection and quarantine organ
for jurisdiction. A superior entry/exit inspection and quarantine organ may also transfer the case under its jurisdiction to an entry/exit
inspection and quarantine organ at a lower level for jurisdiction if it believes it is necessary.

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
competent department for handling.

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
suspected of violating any law, administrative regulation, or rule on entry/exit inspection and quarantine, and believes it necessary
to give him/it a punishment, it shall file up the case within 10 days from the day of discovery.

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
Punishment when applying for filing up a case, and shall have it examined by the department of legal affairs, and report to the person-in-charge
of the organ to decide whether the case shall be filed.

Article 15

If an entry/exit inspection and quarantine organ determines to establish a case and make investigation into it, it shall designate
case investigators within 3 days from the day when it determines to establish the case.

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
to law.

In the course of making an investigation and gathering evidence, the investigators shall be no less than two persons, and shall show
their law enforcement certificate to the parties or the relevant personnel.

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,
inspection or on-site survey, and shall not stand in the way.

Article 17

When making an investigation and inquiry to any party or relevant personnel, an Written Records of Investigation shall be made with
the signatures or seals of the investigators, the parties, or the relevant personnel.

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,
the parties or the relevant personnel. In case there is any witness, the witness on the spot may affix his signature or seal.

Article 19

The investigators may consult, record, or copy the contracts, documentations, invoices, account book, documents, and other materials
relating to the case, or collect evidence by way of sampling, recording, taking photos, videotaping, and other methods.

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
entry/exit inspection and quarantine organ, it may be registered and preserved in advance. The evidential materials collected shall
be the original copies or the original things. In case it is really difficult to obtain the original copies or the original things,
the entity or individual that submits the evidence may affix its/his signature or seal to the reproduced products, the photocopies
or photos, and mark them with “same as original copies (things)” or text explanation..

Any e-mail, electronic data interchange, and other transmission documents of electronic evidence that is under any of the following
circumstances shall be regarded as having the same effectiveness as the original copy:

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
to law.

Article 20

In case such measure as registration on preservation, seizure, detention, or sealing up is taken, a Letter of Determination on Registration
of Articles under Preservation (Seizure) (Detention) (Sealing Up) shall be issued, and a List of Registration on Articles under Preservation
(Seizure) (Detention) (Sealing Up) shall be filled in, which shall bear the signatures or seals of the investigators, parties, and
keepers, and be affixed with a sealing strip or mark. If there is any witness on site, the witness may be asked to affix his signature
or seal.

When making a registration on preservation, seizure, detention, or sealing up, if the party is not present at the scene, a witness
shall be invited to be present, telling him of the situation, and have him affix his signature or seal on the List of Registration
on Articles under Preservation (Seizure) (Detention) (Sealing Up) attached in the Letter of Determination on Registration of Articles
under Preservation (Seizure) (Detention) (Sealing Up), and a public notice shall be posted at the original address of the relevant
articles.

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
Determination on Canceling Registration of Articles under Preservation (Seizure) (Detention) (Sealing Up) shall be showed to the
parties, and the List of Cancellation of Registration on Articles under Preservation (Seizure) (Detention) (Sealing Up) shall be
filled in, with the signatures or seals of investigators, parties, and keepers for confirmation, and then the measures for the registration
on preservation, seizure, detention, and sealing up, and etc. shall be cancelled. If there is any witness present, the witness may
be asked for affixing his signature or seal.

The adoption of the aforesaid measures shall be subject to the approval of the leaders in-charge of the entry/exit inspection and
quarantine organ, but under emergency circumstances, the relevant measures may be taken in advance, and then the formalities for
examination and approval shall be made up at a later time.

Article 21

In case any party refuses to affix his signature or seal onto the relevant materials when accepting investigation, the investigators
shall indicate it. Where any witness is present, the witness may be asked to affix his signature or seal.

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
limit as prescribed in the preceding paragraph.

The time limit for investigation on a grave and difficult case may be extended properly upon the approval of the person-in-charge
of the department of legal affairs, but the extension shall not exceed 30 days. If the investigation of the case cannot be completed
within the extended time limit, it shall be reported to the person-in-charge of the entry/exit inspection and quarantine organ to
decide whether the investigation should continue.

Article 23

After the investigation of a case is terminated, the investigators shall submit an Investigation Report on Administrative Punishment
Case, and bring forward their opinions on how to deal with the law-breaking act, and send them to the department of legal affairs
for examination.

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
other materials of a case, and give its examination opinions according to the different circumstances:

1.

If the fact is clear, the evidence is solid, the application of laws, administrative regulations or rules is correct, and the procedures
are lawful, a punishment proposal shall be made;

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
be revoked;

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
punishment may be given; or

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
and serve it to the parties, and notify the parties of the facts, reasons, and basis for the administrative punishment decision to
be made, and the contents of the administrative punishment, and notify the parties of their rights to make statements and defenses
within three days from the day when they receive the Notice on Administrative Punishment, if they comply with the conditions for
hearing, they shall have the right to request a hearing.

Article 26

Before making a decision on administrative punishment, an entry/exit inspection and quarantine organ shall fully hear the opinions
of the party concerned, and review the facts, reasons, and evidence it puts forward. If the facts, reasons, or evidence provided
by the party can be established, they shall be adopted.

The entry/exit inspection and quarantine organ shall not give a heavier punishment on the party because it/he has made statements,
defenses or applied for a hearing.

In case the entry/exit inspection and quarantine organ plans to make a punishment decision different from the one that has been notified
to the parties formerly, it shall send the Notice on Administrative Punishment once again.

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
disguises any illegal facts.

Article 29

In case any illegal act of a party violates two or more laws, administrative regulations or rules on inspection and quarantine at
the same time, if the provisions of the said laws, administrative regulations or rules on the legal liabilities coincide with each
other, the party shall be subject to legal liabilities by conjoining different penalties.

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
shall be conjoined; if the illegal act is not serious, some of the penalties or a lighter ones shall apply.

In the case of conjoining different penalties, if there are provisions on fines in two or more inspection and quarantine laws, administrative
regulations, or rules, and the fines shall not be accumulated, the clause with a larger amount of fine shall apply.

In the case of enjoining penalties, if the provisions on the time limit for filing a reconsideration or litigation by the parties
in any entry/exit inspection and quarantine law or administrative regulation involved are different, the time limit which is longer
shall apply.

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
of Examination and Approval for Handling Administrative Punishment Cases, and report it to the person-in-charge of the entry/exit
inspection and quarantine organ for examination and approval.If no punishment is given, or if the case is complicated, or a heavier
administrative punishment may be given, it shall be determined through collective discussion.

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
punishment and the time limit thereof;

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
organ that makes the decision on administrative punishment.

Article 33

A decision on administrative punishment shall be made within 30 days from the day when the investigation on a case is terminated.
Where there is necessity to hold a hearing, the decision shall be made within 30 days from the day when the hearing 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
according to law, the entry/exit inspection and quarantine organ may make a decision on administrative punishment on site by applying
summary procedures:

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
to the party or his/its representatives on the scene, and issue a Letter of Determination on On-site Administrative Punishment.

The Letter of Determination on On-site Administrative Punishment shall specify the illegal act of the party or his/its representative
on the scene, the time and the place of the illegal act, basis of administrative punishment, kind of punishment, time for making
punishment decision, ways of implementation of punishment and the time limit thereof, and ways of applying for administrative reconsideration
or filing administrative litigation in case the said personnel are not satisfied with the decision on administrative punishment and
the time limit thereof, name of the entry/exit inspection and quarantine organ, and the seal of the organ shall be affixed. The party
or his/its representative on the scene shall affix his signature or seal or press his fingerprint on the Letter of Determination
on On-site Administrative Punishment, which shall then be delivered to the party or his/its representative on the scene after it
is signed by the law enforcement personnel.

In case the party or his/its representative on the scene refuses to affix his signature or seal or refuses to press his fingerprint,
the law enforcement personnel shall indicate it on the Letter of Determination on On-site Administrative Punishment. If there is
any witness present, who may be asked to sign, seal, or press fingerprint, on it.

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
not be proved on the spot, the summary procedure shall not be applied.

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
on On-site Administrative Punishment to the department of legal affairs of the entry/exit inspection and quarantine organ it subordinates
for archival filing.

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
has the right to request a hearing:

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
has notified him/it.

Article 39

An entry/exit inspection and quarantine organ shall serve the Notice on Hearing of Administrative Punishment to the party 7 days before
holding a hearing.

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
and quarantine organ. The investigators, the parties, witnesses, and clerks shall take part in the hearing.

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
the hearing participants to provide or make up evidence;

4.

Maintaining the hearing order, and giving warning to those in violation of hearing disciplines or taking necessary measures to stop
them;

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
right to apply for their withdrawal.

The withdrawal of the chairperson shall be decided by the person in charge of the entry/exit inspection and quarantine organ. The
withdrawal of the clerk shall be decided by the chairperson.

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
organ that holds the hearing.

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
parties whether they apply for withdrawal;

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
on administrative punishment to be made;

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
for the decision on administrative punishment to be made;

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,
and the case investigators on the spot with their names signed or seals affixed if it is found to have no error. If the parties refuse
to sign or seal, the chairperson shall indicate it on the Minutes of Meeting on the Hearing of Administrative Punishment.

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
to be made; and

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,
and there is necessity to wait for the successors for their rights and obligations; and

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
to give up the hearin