Law of The People's Republic Of China on Administrative Penalty (2021 Revision)

Law of The People's Republic Of China on Administrative Penalty (2021 Revision) 中华人民共和国行政处罚法(2021修订) Order of the President of the People's Republic of China (No. 70) The Law of the People's Republic of China on Administrative Penalty, as revised and adopted at the 25th session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on January 22, 2021, is hereby issued and shall come into force on July 15, 2021. Xi Jinping, President of the People's Republic of China January 22, 2021 Law of The People's Republic Of China on Administrative Penalty (Adopted at the 4th session of the Eighth National People's Congress on March 17, 1996, amended for the first time at the 10th session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, amended for the second time according to the Decision on Amending the Judges Law of the People's Republic of China at the 29th session of the Standing Committee of the Twelfth National People's Congress on September 1, 2017, and revised at the 25th session of the Standing Committee of the Thirteenth National People's Congress on January 22, 2021) Contents Chapter I General Provisions Chapter II Types and Setting of Administrative Penalties Chapter III Authorities Enforcing Administrative Penalties Chapter IV Jurisdiction and Application of Administrative Penalties Chapter V Decision on Administrative Penalties Section 1 General Rules Section 2 Summary Procedure Section 3 Ordinary Procedure Section 4 Hearing Procedure Chapter VI Enforcement of Administrative Penalties Chapter VII Legal Liabilities Chapter VIII Supplemental Provisions Chapter I General Provisions Article 1 For the purposes of regulating the setting and enforcement of administrative penalties, guaranteeing and supervising the effective exercise of administration by administrative authorities, safeguarding the public interests, maintaining the public order, and protecting the lawful rights and interests of citizens, legal persons or other organizations, this Law is developed according to the Constitution. Article 2 An administrative penalty means the action of an administrative authority seeking penalty against a citizen, legal person, or another organization for violation of the administrative order in accordance with the law by reducing rights and interests or increasing obligations. Article 3 Setting and enforcement of administrative penalties shall be governed by this Law. Article 4 An administrative penalty that needs to be imposed upon a citizen, legal person or another organization for violation of the administrative order shall be prescribed in the laws, regulations, and rules according to this Law and be enforced by the administrative authority under the procedures prescribed in this Law. Article 5 The principles of fairness and openness shall be followed for administrative penalties. Setting and enforcement of administrative penalties must be based on facts and be equivalent to the illegal acts' facts, nature, circumstances and degree of social harm. The provisions on imposing administrative penalties against illegal acts must be announced; and provisions having not been announced shall not be taken as the basis for administrative penalties. Article 6 To enforce administrative penalties and correct illegal acts, the combination of penalty with education shall be insisted on, and citizens, legal persons or other organizations shall be educated to comply with the law consciously. Article 7 A citizen, legal person or another organization upon which administrative penalties are imposed by the administrative authority shall have the right to state and the right to defense; and a citizen, legal person or another organization that refuses to accept the administrative penalties shall have the right to apply for administrative reconsideration or file an administrative lawsuit according to the law. A citizen, legal person or another organization having suffered damage due to administrative penalties imposed upon by the administrative authority in violation of law shall have the right to demand compensation in accordance with law. Article 8 A citizen, legal person or another organization that is given administrative penalties due to illegal act and whose illegal act has caused damage to others shall assume civil liability according to the law. Where an illegal act has constituted a crime and the violator shall be held criminally liable in accordance with the law, criminal penalty shall not be exempted due to an administrative penalty. Chapter II Types and Setting of Administrative Penalties Article 9 Administrative penalties shall include the following types: (1) Warning and circulation of notice of criticism. (2) Fine, confiscation of illegal gains, and confiscation of illegal property. (3) Temporarily detaining the license, lowering the qualification level, and revoking the license. (4) Restricting the development of production and business operation activities, ordering suspension of production and business, ordering closure, and restricting employment. (5) Administrative detention. (6) Other administrative penalties as prescribed by laws and administrative regulations. Article 10 Different types of administrative penalties may be set in laws. Administrative penalty involving restriction of personal freedom may only be set in the law. Article 11 Administrative penalty, excluding restriction on personal freedom, may be set in administrative regulations. Where specific provisions need to be prescribed in administrative regulations for illegal acts for which provisions on administrative penalties have been specified in laws, it must be prescribed within the scope of acts, types, and extent for imposing administrative penalties as prescribed in laws. Where there are no provisions on administrative penalties against illegal acts in laws and the administrative regulations are implementing laws, administrative penalties may be supplemented. Where administrative penalties intend to be supplemented, comments shall be extensively requested by hearings, demonstration meetings, and other means, and written explanations shall be made to the enacting authority. When administrative regulations are submitted for recordation, the supplements to administrative penalties shall be explained. Article 12 Administrative penalties other than restriction of personal freedom and revocation of business license may be set in local regulations. Where provisions on administrative penalties against illegal acts have been prescribed in laws and administrative regulations and specific provisions need to be prescribed in local regulations, it must be prescribed within the scope of acts, types, and extent for imposing administrative penalties as prescribed in laws and administrative regulations. Where there are no provisions on administrative penalties against illegal acts in the laws and administrative regulations and the local regulations are implementing laws and administrative regulations, administrative penalty may be supplemented. Where administrative penalties intend to be supplemented, comments shall be extensively requested by hearings, demonstration meetings, and other means, and written explanations shall be made to the enacting authority. When local regulations are submitted for recordation, the supplements to administrative penalties shall be explained. Article 13 Within the scope of acts, types, and extent for imposing administrative penalties as prescribed in laws and administrative regulations, specific provisions may be prescribed in the ministerial rules of the State Council. Where laws or administrative regulations have not been developed, administrative penalties such as warning, circulation of notice of criticism, or a certain amount of fine against acts in violation of the administrative order may be set in the ministerial rules of the State Council. The limit of fine shall be prescribed by the State Council. Article 14 Within the scope of acts, types, and extent for imposing administrative penalties as prescribed in laws and regulations, specific provisions may be prescribed in the rules of the local governments. Where laws or regulations have not been developed, administrative penalties such as warning, circulation of notice of criticism, or a certain amount of fine against acts in violation of the administrative order may be set in the rules of the local governments. The limit of fine shall be prescribed by the standing committees of the national people's congresses of provinces, autonomous regions and municipalities directly under the Central Government. Article 15 The ministries and commissions of the State Council, the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, and their relevant departments shall organize the assessment of the enforcement and necessity of administrative penalties, and offer suggestions on amending or repealing inappropriate matters and types of administrative penalties, and amount of penalties. Article 16 No administrative penalty shall be set in any regulatory document other than laws, regulations and rules. Chapter III Authorities Enforcing Administrative Penalties Article 17 An administrative penalty shall be enforced by the administrative authority with the power of administrative penalty within the scope of statutory functions. Article 18 The state shall promote the establishment of a comprehensive administrative law enforcement system in urban management, market supervision, ecological environment, cultural market, transportation, emergency management, agriculture, and other fields, and relatively concentrate the power of administrative penalty. The State Council or a people's government of a province, autonomous region, and municipality directly under the Central Government may decide on an administrative authority to exercise the relevant administrative authority's power of administrative penalty. The power of administrative penalty that restricts personal freedom may only be exercised by the public security authority and other authorities as prescribed in laws. Article 19 An organization authorized by laws and regulations to manage public affairs may enforce administrative penalties within the scope of statutory authorization. Article 20 In accordance with the provisions of laws, regulations, and rules, an administrative authority may, within the scope of its statutory authority, entrust an organization that meets the conditions as prescribed in Article 21 of this Law with enforcement of administrative penalties in writing. An administrative authority shall not entrust the enforcement of administrative authorities to any other organization or individual. The power of attorney shall specify the specific entrusted matter, authority, time limit and other contents. The entrusting administrative authority and the entrusted organization shall announce the power of attorney to the public. The entrusting administrative authority shall be responsible for supervising the enforcement of administrative penalties by the entrusted organization and assume legal liabilities for the consequences of the enforcement. An entrusted organization shall, within the scope of entrustment, enforce administrative penalties in the name of the entrusting administrative authority; and shall not re-entrust another organization or individual with enforcement of administrative penalties. Article 21 An entrusted organization must meet the following conditions: (1) It is lawfully formed and has the function of managing public affairs. (2) It is staffed with personnel who are familiar with relevant laws, regulations, rules and business, and who have obtained qualifications for administrative law enforcement. (3) It shall have the conditions for organizing and conducting corresponding technical tests or technical appraisal that are needed for technical tests or technical appraisal. Chapter IV Jurisdiction and Application of Administrative Penalties Article 22 Administrative penalties shall be under the jurisdiction of the administrative authorities at the places where illegal acts are committed, except as otherwise prescribed by laws, administrative regulations, and departmental rules. Article 23 Administrative penalties shall be under the jurisdiction of administrative authorities under the local people's governments at or above the county level with the power of administrative penalty, except as otherwise prescribed by laws and administrative regulations. Article 24 Provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the actual circumstances, decide to hand over the power of administrative penalty of the departments under the county-level people's governments that is urgently needed for grassroots management to the township people's governments and subdistrict offices that are qualified for effective assumption, and organize assessment on a regular basis. The decision shall be announced. The township people's governments and subdistrict offices that undertake the power of administrative penalty shall strengthen the construction of law enforcement capacity, and impose administrative penalty within the prescribed scope under the legal procedures. Relevant local people's governments and their departments shall strengthen organization and coordination, business guidance, and law enforcement supervision, establish and improve the administrative penalty coordination and cooperation mechanism, and improve the deliberation and assessment system. Article 25 Where two or more administrative authorities have jurisdiction, it shall be under the jurisdiction of the administrative authority where a case is filed firstly. Disputes over jurisdiction shall be resolved through negotiation, and if negotiation fails, a request shall be submitted to the administrative authority at the joint next higher level for designation of jurisdiction; and the administrative authority at the joint next higher level may directly designate jurisdiction as well. Article 26 For enforcement of administrative penalties, an administrative authority may request assistance from the relevant authority. Where the assistance matters fall within the requested authority's scope of functions, assistance shall be provided according to the law. Article 27 Where an illegal act is suspected of any crime, the administrative authority shall transfer the case to the judicial authority in a timely manner, and hold the violator criminally liable according to the law. Where it is not necessary to hold the violator criminally lia......