Interim Measures on Hearings for Administrative Punishments Imposed by Market Regulatory Departments
Interim Measures on Hearings for Administrative Punishments Imposed by Market Regulatory Departments
Interim Measures on Hearings for Administrative Punishments Imposed by Market Regulatory Departments
Order of the State Administration for Market Regulation No.3
December 21, 2018
The Interim Measures on Hearings for Administrative Punishments Imposed by Market Regulatory Departments, deliberated and adopted at the executive meeting of the State Administration for Market Regulation, are hereby promulgated for implementation as of April 1, 2019.
Zhang Mao, Director
Interim Measures on Hearings for Administrative Punishments Imposed by Market Regulatory Departments
(Promulgated by Order of the State Administration for Market Regulation No.3 on December 21, 2018)
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with the relevant provisions of the Law of the People's Republic of China on Administrative Penalties in order to standardize the procedures for administrative punishments imposed by market regulatory departments, ensure that market regulatory departments impose administrative punishments according to the law, and protect the legitimate rights and interests of natural persons, legal persons and other organizations.
Article 2 The Measures apply to the organization by market regulatory departments of hearings for administrative punishments.
Article 3 When holding a hearing for administrative punishment, the market regulatory department shall observe the principles of openness, impartiality and efficiency, and guarantee and facilitate the parties concerned to exercise their right of statement and right of defense.
Article 4 The hearing for a case of administrative punishment imposed by the market regulatory department shall be subject to the withdrawal system. Where any of the host, clerk(s), recorder or translator of the hearing has a direct relation of interest with the party concerned, he/she shall withdraw.
The withdrawal of the clerk(s), recorder or translator of the hearing shall be decided by the host of the hearing; the withdrawal of the host of the hearing shall be decided by the person in charge of the market regulatory department.
Chapter II Application and Acceptance
Article 5 Before making any of the following administrative penalty decisions, the market regulatory department shall notify the party concerned that it has the right to request a hearing:
1. ordering the party to suspend production or wind up business;
2. revoking its permit or license;
3. imposing a fine of not less than CNY10,000 if the party is a natural person, or imposing a fine of not less than CNY100,000 if the party is a legal person or any other organization;
4. imposing an administrative penalty of confiscating illegal gains and illegal goods and money whose value reaches the number listed in Item 3, no matter whether the party is a natural person, legal person or any other organization.
If the Standing Committee of the National People's Congress or the people's government of a province, autonomous region or municipality directly under the Central Government has provided numbers other than those listed in Items 3 and 4, such provisions shall prevail.
Article 6 When notifying the party concerned that it has the right to request a hearing, the market regulatory department shall notify the party concerned of the facts, grounds and basis of the administrative penalty to be imposed against it/him/her.
Article 7 If the party concerned requests a hearing, it/he/she may sign its/his/her request on the receipt of the notice telling it/him/her the right to request a hearing, or make the request within three working days from the date when the notice is received.
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Order of the State Administration for Market Regulation No.3
December 21, 2018
The Interim Measures on Hearings for Administrative Punishments Imposed by Market Regulatory Departments, deliberated and adopted at the executive meeting of the State Administration for Market Regulation, are hereby promulgated for implementation as of April 1, 2019.
Zhang Mao, Director
Interim Measures on Hearings for Administrative Punishments Imposed by Market Regulatory Departments
(Promulgated by Order of the State Administration for Market Regulation No.3 on December 21, 2018)
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with the relevant provisions of the Law of the People's Republic of China on Administrative Penalties in order to standardize the procedures for administrative punishments imposed by market regulatory departments, ensure that market regulatory departments impose administrative punishments according to the law, and protect the legitimate rights and interests of natural persons, legal persons and other organizations.
Article 2 The Measures apply to the organization by market regulatory departments of hearings for administrative punishments.
Article 3 When holding a hearing for administrative punishment, the market regulatory department shall observe the principles of openness, impartiality and efficiency, and guarantee and facilitate the parties concerned to exercise their right of statement and right of defense.
Article 4 The hearing for a case of administrative punishment imposed by the market regulatory department shall be subject to the withdrawal system. Where any of the host, clerk(s), recorder or translator of the hearing has a direct relation of interest with the party concerned, he/she shall withdraw.
The withdrawal of the clerk(s), recorder or translator of the hearing shall be decided by the host of the hearing; the withdrawal of the host of the hearing shall be decided by the person in charge of the market regulatory department.
Chapter II Application and Acceptance
Article 5 Before making any of the following administrative penalty decisions, the market regulatory department shall notify the party concerned that it has the right to request a hearing:
1. ordering the party to suspend production or wind up business;
2. revoking its permit or license;
3. imposing a fine of not less than CNY10,000 if the party is a natural person, or imposing a fine of not less than CNY100,000 if the party is a legal person or any other organization;
4. imposing an administrative penalty of confiscating illegal gains and illegal goods and money whose value reaches the number listed in Item 3, no matter whether the party is a natural person, legal person or any other organization.
If the Standing Committee of the National People's Congress or the people's government of a province, autonomous region or municipality directly under the Central Government has provided numbers other than those listed in Items 3 and 4, such provisions shall prevail.
Article 6 When notifying the party concerned that it has the right to request a hearing, the market regulatory department shall notify the party concerned of the facts, grounds and basis of the administrative penalty to be imposed against it/him/her.
Article 7 If the party concerned requests a hearing, it/he/she may sign its/his/her request on the receipt of the notice telling it/him/her the right to request a hearing, or make the request within three working days from the date when the notice is received.
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