Measures for the Implementation of Separation of Penalty Decisions From Collection of Penalty Payments

Measures for the Implementation of Separation of Penalty Decisions From Collection of Penalty Payments Measures for the Implementation of Separation of Penalty Decisions From Collection of Penalty Payments (Promulgated by Decree No. 235 of the State Council of the People's Republic of China on November 17, 1997) Article 1 These Measures are formulated in accordance with the Administrative Penalty Law of the People's Republic of China (hereinafterreferred to as the Administrative Penalty Law ) for the purpose of effectingseparation of penalty decisions from collection of penalty payments, steppingup supervision over penalty collection activities and ensuring timely turningover the penalty payments to the state treasury. Article 2 These Measures shall be applicable to the collection,payment and related activities of penalties. Article 3 Administrative organs making penalty decisions shall beseparated from agencies collecting penalty payments; however, those whichmay collect on-site penalty payments pursuant to the provisions of the Administrative Penalty Law are excluded. Article 4 Penalty payments must be turned over to the state treasury in total. No administrative organ, organization or individual shall intercept andretain, divide among themselves or divide among themselves the payments in disguised form.Allocation of funds required for law enforcement by administrative organsshall be made pursuant to relevant state provisions. Article 5 Commercial banks and credit unions approved by the People'sBank of China for agency business of collection and payment(hereinafter referred to as the collection agencies) may operate business of collectionof penalty payments.Specific collection agencies shall be jointly studied and unifiedly determined by the departments of finance at the corresponding levels, local branches or sub-branches of the People's Bank of China and administrative organs with powers of administrative penalty in accordance with law organized by local people's governments at or above the county level. In the case ofsuch administrative organs as the customs and foreign exchange controlwhich pra......