Implementing Measures for the Administrative Penalties Hearings Imposed by the Financial Organs

Implementing Measures for the Administrative Penalties Hearings Imposed by the Financial Organs

Order of the Ministry of Finance [2005] No. 23

January 10, 2005

The "Implementation Measures for Hearings on Administrative Penalties Imposed by Finance Organs", which were deliberated and adopted at the executive meeting of the Ministry of Finance on January 4, 2005, are hereby promulgated, and shall come into force on March 1, 2005.

Minister Jin Renqing

Attached: Implementation Measures for Hearings on Administrative Penalties Imposed by Finance Organs
　
Article 1 These Implementation Measures are formulated in accordance with the "Law of the People's Republic of China on Administrative Penalties" for the purpose of regulating the procedures for finance organs to hear administrative penalties, maintaining the lawful rights and interests of citizens, legal persons and other organizations, guaranteeing and supervising finance organs to legally impose administrative penalties.
　
Article 2 The hearings of administrative penalties imposed by finance organs shall comply with the principles of being lawful, impartial, public, timely and facilitating people. For this purpose, the rights of the parties concerned to make statements and defense, and their right to cross examination of evidence shall be guaranteed.

Article 3 A hearing shall be arranged by the public finance organ that intends to impose an administrative penalty concerning public finance, with the specific work to be implemented by its legislative affairs institution or the institution assuming the duties of legislative affairs.
　
Article 4 The hearing personnel shall include: the presiding hearer, the hearers and the clerk.
A presiding hearer shall be designated by the person-in-charge of the public finance organ from the investigators who work in the organ's legislative affairs institution or the institution undertaking the duties of legislative affairs but who are not involved in the present case.
The hearers shall be designated by the person-in-charge of the institution where the presiding hearer works, and shall assist the presiding hearer in his work.
The clerk shall be designated by the presiding hearer, and shall take charge of making written transcripts of the hearing and other relevant affairs as well.
For an administrative penalty concerning public finance which is imposed by a financial supervision commissioners' office dispatched by the Ministry of Finance in any locality (hereinafter referred to as the commissioners' office), the presiding hearer shall be designated by the person-in-charge of this commissioners' office from the investigators who are not involved in the present case.
　
Article 5 The hearing participants shall include: the parties concerned, the investigators in the case, the third persons who might have an interest relationship with the result of the case, the witnesses, the authenticators and the translators, etc.

Article 6 A public finance organ shall, after the investigation on an administrative penalty case is finalized and before making a decision on any of the following administrative penalties to be legally imposed upon a citizen, legal person or any other organization, inform the party concerned of the right to request a hearing:
1.
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