Measures for Ecological and Environmental Administrative Penalties
Measures for Ecological and Environmental Administrative Penalties
Measures for Ecological and Environmental Administrative Penalties
Order of the Ministry of Ecology and Environment No.30
May 8, 2023
The Measures for Ecological and Environmental Administrative Penalties, adopted at the first executive meeting of the Ministry of Ecology and Environment in 2023 on April 13, 2023, are hereby issued and shall come into force as of July 1, 2023.
Huang Runqiu, Minister
Measures for Ecological and Environmental Administrative Penalties
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with laws and administrative regulations including the Law of the People's Republic of China on Administrative Penalties, the Administrative Coercion Law of the People's Republic of China and the Environmental Protection Law of the People's Republic of China, in order to standardize the imposition of ecological and environmental administrative penalties, supervise and ensure the lawful implementation of administrative penalties by competent departments of ecology and environment, safeguard public interests and the public order, and protect the lawful rights and interests of citizens, legal persons or other organizations.
Article 2 Where an administrative penalty needs to be imposed on a citizen, legal person or any other organization due to a violation of the laws, regulations or rules on ecological and environmental protection, it shall be imposed in accordance with the Law of the People's Republic of China on Administrative Penalties and the procedure prescribed by the Measures.
Article 3 In imposing ecological and environmental administrative penalties to correct an unlawful act, penalties shall also be educational in nature, and service and management shall be combined, in order to guide and educate citizens, legal persons or other organizations to consciously observe the law.
Article 4 The ecological and environmental administrative penalties shall be imposed to lawfully safeguard the legitimate rights and interests of citizens, legal persons and other organizations. State secrets, trade secrets or personal privacy that come to be known in the imposition of administrative penalties shall be kept confidential in accordance with the law.
Article 5 The ecological and environmental administrative penalties shall be imposed in adherence to the principles of fairness and openness.
Article 6 Any law enforcement officer under any of the following circumstances shall voluntarily apply to withdraw from the case, and a party concerned has the right to apply for the withdrawal of such a judicial officer from the case:
(1) the law enforcement officer is a party concerned or a close relative of a party concerned in the case;
(2) the law enforcement officer or a close relative thereof has a direct interest in the case;
(3) the law enforcement officer has any other relationship with the case that may affect the impartiality of law enforcement; or
(4) any other circumstances defined by laws, regulations or rules to which withdrawal shall apply.
Application for the withdrawal filed by a law enforcement officer or a party concerned shall be supported by grounds. A competent department of ecology and environment shall make a decision on the withdrawal application in a timely manner and notify the applicant.
The withdrawal of the main principal of a competent department of ecology and environment shall be discussed and decided by principals of the competent department collectively; the withdrawal of other principals of the competent department of ecology and environment shall be decided by the main principal of the competent department; and the withdrawal of other law enforcement officers shall be decided by principals of the competent department.
Article 7 Parties concerned who commit the same unlawful act more than once shall only receive a fine as an administrative penalty no more than twice. If a fine shall be imposed as a penalty for the same unlawful act that violates multiple laws, the provision involving the higher fine amount shall apply. The imposition of administrative penalties shall be subject to the provisions of laws, regulations and rules valid when an unlawful act is committed. However, if, when a decision on administrative penalty is made, the laws, regulations or rules have been revised or annulled, and the new provisions specify a lighter penalty or stipulate that the act is legal, the new provisions shall apply.
Article 8 According to laws and administrative regulations, the types of ecological and environmental administrative penalties shall include:
(1) warnings or criticism in a circulated notice;
(2) fines, confiscation of unlawfully obtained financial gains or confiscation of unlawfully obtained property or objects of value;
(3) temporary suspension of a permit, lowering of the qualification level, rescission of a permit, or prohibition of application for administrative licensing within a certain period of time;
(4) restriction on the development of production and business activities, order for the suspension of production for rectification, order for the suspension of production or business, order for the closure, restrictions on employment, or prohibition of employment;
(5) order for demolition within a prescribed time limit;
(6) administrative detention; and
(7) other administrative penalties as prescribed by laws and administrative regulations.
Article 9 When imposing an administrative penalty, a competent department of ecology and environment shall order the party concerned to remedy his or her unlawful act or to do so within a prescribed time limit.
The decision on ordering the party concerned to remedy his or her unlawful act may be issued separately or together with the decision on administrative penalty.
The provisions regarding the procedures for imposing an administrative penalty shall not apply to an order for rectification or order for rectification within a prescribed time limit.
Article 10 Administrative penalties shall be imposed by law enforcement officers qualified for administrative law enforcement. In the imposition of administrative penalties, there shall not be less than two law enforcement officers, unless otherwise stipulated by laws.
Chapter II Enforcement Bodies and Jurisdiction
Article 11 Competent departments of ecology and environment shall impose ecological and environmental administrative penalties within the scope of their statutory functions and powers.
The comprehensive administrative law enforcement agency for ecological and environmental protection authorized under laws and regulations shall impose ecological and environmental administrative penalties within the scope of their powers as authorized by laws.
Article 12 A competent department of ecology and environment may, within the scope of its powers as prescribed by laws, entrust an organization that meets the conditions stipulated in Article 21 of the Law of the People's Republic of China on Administrative Penalties with the power to impose administrative penalties in writing.
The entrusted organization shall impose administrative penalties in accordance with the relevant provisions of the Law of the People's Republic of China on Administrative Penalties and the Measures.
Article 13 Ecological and environmental administrative penalties shall come under the jurisdiction of a competent department of ecology and environment with the power to impose administrative penalties in the place where the unlawful act was committed. Where it is otherwise specified by the provisions of any other laws or administrative regulations, such provisions shall prevail.
Article 14 Where two or more competent departments of ecology and environment have jurisdiction, the competent department of ecology and environment that first filed the case shall accept jurisdiction.
If a dispute arises over the jurisdiction between two or more competent departments of ecology and environment, it shall be resolved through negotiation, or if negotiation fails, it shall be reported to the common competent department of ecology and environment at the next higher level which will designate the jurisdiction; or the common competent department of ecology and environment at the next higher level may directly designate the jurisdiction.
Article 15 Where a competent department of ecology and environment at a lower level considers that a case under its jurisdiction is significant, difficult or complicated or considers it difficult to impose a penalty in the case, it may request the competent department of ecology and environment at the next higher level to designate the jurisdiction.
If the competent department of ecology and environment at the next higher level deems it necessary, it may, after notifying the competent department of ecology and environment at a lower level and the party concerned, directly exercise jurisdiction over the cases under the jurisdiction of the competent department of ecology and environment at a lower level, or designate the jurisdiction of the said cases by other competent departments of ecology and environment with jurisdiction.
The competent department of ecology and environment at a higher level may delegate the power to impose administrative penalties in cases under the jurisdiction thereof to the competent department of ecology and environment at a lower level with jurisdiction.
Article 16 A competent department of ecology and environment shall transfer any case not under the jurisdiction thereof to a competent department of ecology and environment with jurisdiction over the case.
Where the competent department of ecology and environment to which the case is transferred has an objection to the jurisdiction, it shall request the common competent department of ecology and environment at the next higher level to designate the jurisdiction but may not transfer the case at its discretion.
Article 17 A competent department of ecology and environment shall transfer any case not under the jurisdiction thereof to agencies with jurisdiction in accordance with relevant requirements within the prescribed time limit.
A competent department of ecology and environment shall transfer cases involving suspected violations of laws in connection with which administrative detention shall be imposed to the public security organ or the coastguard agency.
If an unlawful act constitutes a suspected crime, a competent department of ecology and environment shall promptly transfer the case to a judicial authority. For such cases, no administrative penalty shall be imposed in the place of a criminal penalty.
A competent department of ecology and environment shall report cases involving suspected violations of laws in connection with which an order of suspending business or an order of closedown shall be made by the people's government in accordance with the law to the people's government with the power of approval.
Chapter III Ordinary Procedure
Section 1 Case Filing
Article 18 With the exception of administrative penalties which may be imposed on the spot, a competent department of ecology and environment shall conduct a preliminary examination of the suspected violation of laws, regulations or rules on ecological and environmental protection, and decide whether to file a case within 15 days. Under special circumstances, the said time limit may be extended by 15 days upon approval of the principal of the competent department of ecology and environment, except as otherwise prescribed by laws or regulations.
Article 19 Any case which is found to meet the following four conditions upon review shall be filed:
(1) there are preliminary evidential materials to prove the suspected violation of laws, regulations or rules on ecological and environmental protection;
(2) the case shall be or can be subject to administrative penalties;
(3) the case comes under the jurisdiction of the corresponding competent department of ecology and environment; and
(4) the unlawful act involved in the case is still subject to the time limit for accountability prescribed by the Law of the People's Republic of China on Administrative Penalties.
Article 20 In the event that any case which has been placed on file is found not to be consistent with the case filing conditions set forth in Article 19 hereof according to new findings, the file shall be removed.
Section 2 Investigation and Evidence Collection
Article 21 Competent departments of ecology and environment shall have designated persons to handle ecological and environmental unlawful acts that have been placed as cases on file, and shall conduct a comprehensive, objective and fair investigation and collect relevant evidence for such cases.
Article 22 Where a competent department of ecology and environment needs any other administrative authority to assist in an investigation and evidence collection when handling an administrative penalty case, it may issue a letter requesting assistance with the investigation to the relevant authority.
Where a competent department of ecology and environment needs any other competent department of ecology and environment to assist in an investigation and evidence collection when handling an administrative penalty case, it may issue a letter requesting assistance with the investigation to the latter.
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Order of the Ministry of Ecology and Environment No.30
May 8, 2023
The Measures for Ecological and Environmental Administrative Penalties, adopted at the first executive meeting of the Ministry of Ecology and Environment in 2023 on April 13, 2023, are hereby issued and shall come into force as of July 1, 2023.
Huang Runqiu, Minister
Measures for Ecological and Environmental Administrative Penalties
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with laws and administrative regulations including the Law of the People's Republic of China on Administrative Penalties, the Administrative Coercion Law of the People's Republic of China and the Environmental Protection Law of the People's Republic of China, in order to standardize the imposition of ecological and environmental administrative penalties, supervise and ensure the lawful implementation of administrative penalties by competent departments of ecology and environment, safeguard public interests and the public order, and protect the lawful rights and interests of citizens, legal persons or other organizations.
Article 2 Where an administrative penalty needs to be imposed on a citizen, legal person or any other organization due to a violation of the laws, regulations or rules on ecological and environmental protection, it shall be imposed in accordance with the Law of the People's Republic of China on Administrative Penalties and the procedure prescribed by the Measures.
Article 3 In imposing ecological and environmental administrative penalties to correct an unlawful act, penalties shall also be educational in nature, and service and management shall be combined, in order to guide and educate citizens, legal persons or other organizations to consciously observe the law.
Article 4 The ecological and environmental administrative penalties shall be imposed to lawfully safeguard the legitimate rights and interests of citizens, legal persons and other organizations. State secrets, trade secrets or personal privacy that come to be known in the imposition of administrative penalties shall be kept confidential in accordance with the law.
Article 5 The ecological and environmental administrative penalties shall be imposed in adherence to the principles of fairness and openness.
Article 6 Any law enforcement officer under any of the following circumstances shall voluntarily apply to withdraw from the case, and a party concerned has the right to apply for the withdrawal of such a judicial officer from the case:
(1) the law enforcement officer is a party concerned or a close relative of a party concerned in the case;
(2) the law enforcement officer or a close relative thereof has a direct interest in the case;
(3) the law enforcement officer has any other relationship with the case that may affect the impartiality of law enforcement; or
(4) any other circumstances defined by laws, regulations or rules to which withdrawal shall apply.
Application for the withdrawal filed by a law enforcement officer or a party concerned shall be supported by grounds. A competent department of ecology and environment shall make a decision on the withdrawal application in a timely manner and notify the applicant.
The withdrawal of the main principal of a competent department of ecology and environment shall be discussed and decided by principals of the competent department collectively; the withdrawal of other principals of the competent department of ecology and environment shall be decided by the main principal of the competent department; and the withdrawal of other law enforcement officers shall be decided by principals of the competent department.
Article 7 Parties concerned who commit the same unlawful act more than once shall only receive a fine as an administrative penalty no more than twice. If a fine shall be imposed as a penalty for the same unlawful act that violates multiple laws, the provision involving the higher fine amount shall apply. The imposition of administrative penalties shall be subject to the provisions of laws, regulations and rules valid when an unlawful act is committed. However, if, when a decision on administrative penalty is made, the laws, regulations or rules have been revised or annulled, and the new provisions specify a lighter penalty or stipulate that the act is legal, the new provisions shall apply.
Article 8 According to laws and administrative regulations, the types of ecological and environmental administrative penalties shall include:
(1) warnings or criticism in a circulated notice;
(2) fines, confiscation of unlawfully obtained financial gains or confiscation of unlawfully obtained property or objects of value;
(3) temporary suspension of a permit, lowering of the qualification level, rescission of a permit, or prohibition of application for administrative licensing within a certain period of time;
(4) restriction on the development of production and business activities, order for the suspension of production for rectification, order for the suspension of production or business, order for the closure, restrictions on employment, or prohibition of employment;
(5) order for demolition within a prescribed time limit;
(6) administrative detention; and
(7) other administrative penalties as prescribed by laws and administrative regulations.
Article 9 When imposing an administrative penalty, a competent department of ecology and environment shall order the party concerned to remedy his or her unlawful act or to do so within a prescribed time limit.
The decision on ordering the party concerned to remedy his or her unlawful act may be issued separately or together with the decision on administrative penalty.
The provisions regarding the procedures for imposing an administrative penalty shall not apply to an order for rectification or order for rectification within a prescribed time limit.
Article 10 Administrative penalties shall be imposed by law enforcement officers qualified for administrative law enforcement. In the imposition of administrative penalties, there shall not be less than two law enforcement officers, unless otherwise stipulated by laws.
Chapter II Enforcement Bodies and Jurisdiction
Article 11 Competent departments of ecology and environment shall impose ecological and environmental administrative penalties within the scope of their statutory functions and powers.
The comprehensive administrative law enforcement agency for ecological and environmental protection authorized under laws and regulations shall impose ecological and environmental administrative penalties within the scope of their powers as authorized by laws.
Article 12 A competent department of ecology and environment may, within the scope of its powers as prescribed by laws, entrust an organization that meets the conditions stipulated in Article 21 of the Law of the People's Republic of China on Administrative Penalties with the power to impose administrative penalties in writing.
The entrusted organization shall impose administrative penalties in accordance with the relevant provisions of the Law of the People's Republic of China on Administrative Penalties and the Measures.
Article 13 Ecological and environmental administrative penalties shall come under the jurisdiction of a competent department of ecology and environment with the power to impose administrative penalties in the place where the unlawful act was committed. Where it is otherwise specified by the provisions of any other laws or administrative regulations, such provisions shall prevail.
Article 14 Where two or more competent departments of ecology and environment have jurisdiction, the competent department of ecology and environment that first filed the case shall accept jurisdiction.
If a dispute arises over the jurisdiction between two or more competent departments of ecology and environment, it shall be resolved through negotiation, or if negotiation fails, it shall be reported to the common competent department of ecology and environment at the next higher level which will designate the jurisdiction; or the common competent department of ecology and environment at the next higher level may directly designate the jurisdiction.
Article 15 Where a competent department of ecology and environment at a lower level considers that a case under its jurisdiction is significant, difficult or complicated or considers it difficult to impose a penalty in the case, it may request the competent department of ecology and environment at the next higher level to designate the jurisdiction.
If the competent department of ecology and environment at the next higher level deems it necessary, it may, after notifying the competent department of ecology and environment at a lower level and the party concerned, directly exercise jurisdiction over the cases under the jurisdiction of the competent department of ecology and environment at a lower level, or designate the jurisdiction of the said cases by other competent departments of ecology and environment with jurisdiction.
The competent department of ecology and environment at a higher level may delegate the power to impose administrative penalties in cases under the jurisdiction thereof to the competent department of ecology and environment at a lower level with jurisdiction.
Article 16 A competent department of ecology and environment shall transfer any case not under the jurisdiction thereof to a competent department of ecology and environment with jurisdiction over the case.
Where the competent department of ecology and environment to which the case is transferred has an objection to the jurisdiction, it shall request the common competent department of ecology and environment at the next higher level to designate the jurisdiction but may not transfer the case at its discretion.
Article 17 A competent department of ecology and environment shall transfer any case not under the jurisdiction thereof to agencies with jurisdiction in accordance with relevant requirements within the prescribed time limit.
A competent department of ecology and environment shall transfer cases involving suspected violations of laws in connection with which administrative detention shall be imposed to the public security organ or the coastguard agency.
If an unlawful act constitutes a suspected crime, a competent department of ecology and environment shall promptly transfer the case to a judicial authority. For such cases, no administrative penalty shall be imposed in the place of a criminal penalty.
A competent department of ecology and environment shall report cases involving suspected violations of laws in connection with which an order of suspending business or an order of closedown shall be made by the people's government in accordance with the law to the people's government with the power of approval.
Chapter III Ordinary Procedure
Section 1 Case Filing
Article 18 With the exception of administrative penalties which may be imposed on the spot, a competent department of ecology and environment shall conduct a preliminary examination of the suspected violation of laws, regulations or rules on ecological and environmental protection, and decide whether to file a case within 15 days. Under special circumstances, the said time limit may be extended by 15 days upon approval of the principal of the competent department of ecology and environment, except as otherwise prescribed by laws or regulations.
Article 19 Any case which is found to meet the following four conditions upon review shall be filed:
(1) there are preliminary evidential materials to prove the suspected violation of laws, regulations or rules on ecological and environmental protection;
(2) the case shall be or can be subject to administrative penalties;
(3) the case comes under the jurisdiction of the corresponding competent department of ecology and environment; and
(4) the unlawful act involved in the case is still subject to the time limit for accountability prescribed by the Law of the People's Republic of China on Administrative Penalties.
Article 20 In the event that any case which has been placed on file is found not to be consistent with the case filing conditions set forth in Article 19 hereof according to new findings, the file shall be removed.
Section 2 Investigation and Evidence Collection
Article 21 Competent departments of ecology and environment shall have designated persons to handle ecological and environmental unlawful acts that have been placed as cases on file, and shall conduct a comprehensive, objective and fair investigation and collect relevant evidence for such cases.
Article 22 Where a competent department of ecology and environment needs any other administrative authority to assist in an investigation and evidence collection when handling an administrative penalty case, it may issue a letter requesting assistance with the investigation to the relevant authority.
Where a competent department of ecology and environment needs any other competent department of ecology and environment to assist in an investigation and evidence collection when handling an administrative penalty case, it may issue a letter requesting assistance with the investigation to the latter.
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