(Adopted at the Fourth Session of the Eighth National People's
Congress on March 17, 1996 and promulgated by Order No.? 63 of
the President of the People's Republic of China on March 17,
1996)
Contents
Chapter I???? General
Provisions
Chapter II??? Types and Creation of
Administrative Penalty
Chapter III?? Organs Imposing Administrative
Penalty
Chapter IV??? Jurisdiction and
Application of Administrative Penalty
Chapter V???? Decision on an
Administrative Penalty
? Section 1?? Summary
Procedure
? Section 2?? Ordinary
Procedure
? Section 3?? Procedure of
Hearing
Chapter VI??? Enforcement of
Administrative Penalty
Chapter VII?? Legal
Responsibility
Chapter VIII? Supplementary Provisions
Chapter I
General?? Provisions
Article 1? Pursuant to the Constitution, this Law is
enacted for the purpose of standardizing creation and imposition of
administrative penalty, ensuring and supervising the effective
exercise of? administration by administrative organs,
safeguarding public interests and public order, and protecting the
lawful rights and interests of citizens, legal persons and other
organizations.
Article 2? Creation and imposing of administrative penalty
shall be governed by this Law.
Article 3 Where? administrative penalty needs to be imposed
on citizens, legal persons or other organizations for their
violations of the order of administration, it shall be prescribed
by laws, rules or regulations pursuant to this Law and imposed by
administrative organs in compliance with the procedure prescribed
by this Law.
Administrative penalty that is not imposed in accordance
with? law? or in compliance? with legal procedures
shall be invalid.
Article 4? Administrative penalty shall be imposed in
adherence to the principles of fairness and openness.
Creation and imposition of administrative penalty shall be based
on facts and shall be in correspondence with the facts, nature and
seriousness of the violations of? law and damage done to
society.
Regulations on administrative penalty to be imposed for
violations of? law must be published; those which are not
published shall not be taken as the basis for administrative
penalty.
Article 5? In imposing administrative penalty and setting
to rights illegal acts, penalty shall be combined with education,
so that citizens, legal persons and other organizations shall
become aware of the importance of observing? law.
Article 6 Citizens, legal persons and other organizations on
whom administrative penalty is imposed by administration organs
shall have the right to state their cases and the right to defend
themselves; those who refuse to accept administrative penalty shall
have the right to apply for administrative reconsideration or bring
an administrative lawsuit in accordance with law.
Citizens, legal persons and other organizations that have
suffered damage due to administrative penalty imposed by
administrative organs in violation of law shall have the right to
demand compensation in accordance with law.
Article 7 Citizens, legal persons and other organizations that
are subjected to administrative penalty because of their violations
of? law shall, in accordance with? law, bear civil
liability for damage done to others by their illegal acts.
Where an illegal act constitutes a crime, criminal
responsibility shall be investigated in accordance with law; no
administrative penalty shall be imposed in place of criminal
penalty.
Chapter II
Types and Creation of Administrative
Penalty
Article 8? Types of administrative penalty shall
include:
(1) disciplinary warning;
(2) fine;
(3) confiscation of? illegal gains or confiscation of
unlawful property or things of value;
(4) ordering for suspension of production or business;
(5) temporary suspension or rescission of permit or temporary
suspension or rescission of license;
(6) administrative detention; and
(7) others as prescribed by laws and administrative rules and
regulations.
Article 9 Different types of administrative penalty may be
created by law.
Administrative penalty involving restriction of freedom of
person shall only be created by law.
Article 10? Administrative penalties, with the exception of
restricting freedom of? person, may be created by
administrative rules and regulations.
Where it is necessary to formulate specific provisions, in
administrative rules and regulations, regarding violations of law
for which administrative penalties have been formulated in laws, it
must be done within the limits of the acts subject to
administrative penalty and the types and range of such penalty as
prescribed by laws.
Article 11 Administrative penalties, with the exception of
restriction of freedom of? person and rescission of business
license of an enterprise, may be created in local regulations.
Where it is necessary to formulate specific provisions, in local
regulations, regarding violations of law for which administrative
penalties have been formulated in laws and administrative rules and
regulations, it must be done within the limits of the acts subject
to administrative penalty and the types and range of such penalty
as prescribed by laws and administrative rules and regulations.
Article 12 The ministries and commissions under the State
Council may, in the rules they enact, formulate specific provisions
within the limits of the acts subject to administrative penalty and
the types and range of such penalty as prescribed by laws and
administrative rules and regulations.
With regard to violations of administration order against
which? no laws or administrative rules and regulations have
been enacted, the ministries and commissions under the State
Council may create administrative penalty of disciplinary warning
or a certain amount of? fine? in the rules they enact, as
stipulated in the preceding paragraph. The specific amounts of fine
shall be laid down by the State Council.
The State Council may authorize the departments directly under
it that? have the power of administrative penalty to formulate
provisions on administrative penalty in accordance with the first
and? second paragraph? of this Article.
Article 13 The people's governments of provinces, autonomous
regions, and municipalities directly under the Central Government,
of the cities where the people's governments of provinces and
autonomous regions are located, and of the larger cities approved
as such by the State Council may, within the limits of the acts
subject to administrative penalty and the types and range of?
such penalty as prescribed by laws and regulations, formulate
specific provisions in the rules they enact.
With regard to? violations of administration order against
which no laws or regulations have been enacted, the people's
governments may create administrative penalty of disciplinary
warning or certain amount of? fine in the rules they enact, as
stipulated in the preceding paragraph. The? specific amounts
of fine shall be laid down by the standing committees of the
people's congresses of provinces, autonomous regions, and
municipalities directly under the Central Government.
Article 14 No administrative penalties shall be created in any
other regulatory documents in addition to the ones as stipulated in
Articles 9, 10, 11, 12 and 13 of this Law.
Chapter III
Organs Imposing Administrative Penalty
Article 15 Administrative penalty shall be imposed by
administrative organs that have the power of administrative penalty
within the scope of their statutory functions and powers.
Article 16 The State Council or the people's government of a
province, autonomous region or municipality directly under the
Central Government that is empowered by the State Council may
decide to have an administrative organ exercise other
administrative organs' power of administrative penalty. However,
the power of administrative penalty involving restriction of
freedom of person shall only be exercised by the public security
organs.
Article 17 Organizations that are authorized by laws and
regulations? to exercise the power of administering public
affairs may impose administrative penalty within the scope of
their? powers as authorized by law.
Article 18 In accordance with the provisions of laws,
regulations or rules, an administrative organ may, within the scope
of its powers as prescribed by law, entrust? an organization
that meets the conditions? stipulated in Article 19 of this
Law with imposing administrative penalty. An administrative organ
may not entrust other organizations or individuals with
imposing? administrative penalty.
The entrusting administrative organ shall be responsible for
supervising the imposition of? administrative penalty by the
entrusted organization and shall bear legal responsibility for the
consequences of the imposition.
The entrusted organization shall, within the scope of
authorization, impose administrative penalty in the name of the
entrusting administrative organ, and may not further entrust any
other organization or individual with imposing the administrative
penalty.??
Article 19 The organization to be entrusted shall meet the
following conditions:
(1) to be an institution in charge of public affairs established
in accordance with law;
(2) to be staffed with? personnel who are familiar with
relevant laws,? regulations and rules and are experienced in
the work; and
(3) to have the? conditions for organizing and conducting
the technical tests or technical appraisal that are needed for
testing or appraising illegal acts.
Chapter IV
Jurisdiction and Application of Administrative
Penalty
Article 20 Administrative penalty shall come under the
jurisdiction of an administrative organ having the power of
administrative penalty of a local people's government at or above
the county level? in the place where the illegal act is
committed, except as otherwise prescribed by laws or administrative
rules and regulations.
Article 21 If a dispute arises over jurisdiction between
administrative organs, the matter shall be reported to their common
administrative organ at the next higher level for designation of
jurisdiction.
Article 22 If an illegal act? constitutes a crime, the
administrative organ must transfer the case to a judicial organ for
investigation of criminal responsibility according to law.
Article 23 When enforcing an administrative penalty, the
administrative organ shall order the party to put? right his
illegal acts or to do so within a time limit.
Article 24 For the same illegal act committed by a party, the
party shall not be given an administrative penalty of fine for more
than once.
Article 25 If a person under the age of 14 commits an illegal
act, no administrative penalty shall be imposed on him, but his
guardian shall be ordered to discipline and educate him; if a
person who has reached the age of 14 but not the age of 18 commits
an illegal act, a lighter or mitigated administrative penalty shall
be imposed on him.
Article 26 If a mental patient commits an illegal act at a time
when he is unable to recognize or cannot control his own conduct,
no administrative penalty shall be imposed on him, but his guardian
shall be ordered to keep him under close surveillance and arrange
for his medical treatment. Administrative penalty shall be imposed
on a person whose mental illness is of an intermittent nature and
who commits an illegal act when he is in a normal mental state.
Article 27 A party shall be given a lighter or mitigated
administrative penalty in accordance with law, if:
(1) he has taken the initiative to eliminate or lessen the
harmful consequences occasioned by his? illegal act;
(2) he has been coerced by another to commit the illegal
act;
(3) he has performed meritorious deeds when working in
coordination with administrative organs to investigate violations
of? law; or
(4) he is under other circumstances for which he shall be given
a lighter or mitigated administrative penalty in accordance with
law.
Where a person commits a minor illegal act, promptly puts it
right and causes no harmful consequences, no administrative penalty
shall be imposed on him.
Article 28 If? an illegal act? constitutes a crime,
for which? a People's Court sentences? him to criminal
detention or fixed-term imprisonment, and if an administrative
organ has already imposed administrative detention on the party,
the length of detention shall be made the same as the term of
imprisonment in accordance with? law.
If an illegal act constitutes a crime, for which a People's
Court imposes a fine on the party, and if? an administrative
organ has already done so,? the amount of the fine imposed by
the latter shall be made the same as that by the former.
Article 29 Where an illegal act is not discovered within two
years of its commission, administrative penalty shall no longer be
imposed, except as otherwise prescribed by law.
The period of time prescribed in the preceding paragraph shall
be counted from the date the illegal act is committed; if the act
is of a continual or continuous nature, it shall be counted from
the date the act is terminated.
Chapter V
Decision on an Administrative Penalty
Article 30? Where citizens, legal persons or other
organizations? violate administration order and should be
given administrative penalty? according to law,?
administrative organs must ascertain facts;? if the facts
about the violations are not clear, no administrative penalty shall
be imposed.
Article 31 Before deciding to impose administrative penalties,
administrative organs shall notify the parties of the facts,
grounds and basis according to which the administrative penalties
are to be decided on and shall notify the parties of the rights
that they enjoy in accordance with? law.
Article 32 The parties shall have the right to state their cases
and to defend themselves. Administrative organs shall fully heed
the opinions of the parties and shall reexamine the facts, grounds
and evidence put forward by the parties; if the facts, grounds and
evidence put forward by the parties are established, the
administrative organs shall accept them.
Administrative organs shall not impose heavier penalties on the
parties just because the parties have tried to defend
themselves.
Section 1
Summary Procedure
Article 33 If the facts about a violation of law are
well-attested and there are legal basis and if, the citizen
involved is to be fined not more than 50 yuan or the legal person
or other organization involved is to be fined not more than 1,000
yuan or a disciplinary warning is to be given, such administrative
penalty may be decided on the spot. The party shall carry out the
decision on administrative penalty in accordance with the
provisions of Articles 46, 47 and 48 of this Law.
Article 34 If? a law-enforcing officer decides to impose
administrative penalty on the spot, he shall show the party his
identification papers for law enforcement, fill out an established
and coded form of decision for administrative penalty. The form of
decision for administrative penalty shall be given to the party on
the spot.
In the form of decision for administrative penalty? as
stipulated in the preceding paragraph shall be clearly recorded the
illegal act committed by the party, the basis for administrative
penalty, the amount of? fine, the time and place, and?
the title of the administrative organ. Such form shall also be
signed or sealed by the law-enforcing officer.
Law-enforcing officers must submit their decisions on
administrative penalty made on the spot to the administrative
organs where they belong for the record.
Article 35? If a? party refuses to accept the decision
on administrative penalty made on the spot, he may apply for
administrative reconsideration or bring an administrative lawsuit
in accordance with law.
Section 2
Ordinary Procedure
Article 36? Except for the administrative penalties which
may be imposed on the spot as provided in Article 33 of this Law,
administrative organs, when discovering that citizens, legal
persons or other organizations have committed acts for? which
administrative penalty should be imposed according to law, shall
conduct investigation in a comprehensive, objective and fair manner
and collect relevant evidence; when necessary, they may conduct
inspection in accordance with the provisions of laws and
regulations.
Article 37? When administrative organs conduct
investigations or inspections, there shall be not less than two
law-enforcing officers,? who shall show their identification
papers to the party or other persons concerned. The party and other
persons concerned shall truthfully answer the questions and assist
in the investigation or inspection; they may not obstruct such
investigation or inspection. Written record shall be made for the
inquiry or inspection.
When collecting evidence, administrative organs may obtain
evidence through sampling; under circumstances where there is a
likelihood that the evidence may be destroyed or lost, or difficult
to obtain later, administrative organs may, with the approval of
their leading members, first register? the evidence for
preservation and shall? make a timely decision on its
disposition within seven days. During this period of time, the
party and other persons concerned may not destroy or transfer the
evidence.
If a law-enforcing officer shares a direct interest with the
party, he shall withdraw.
Article 38? After an investigation has been concluded,
leading members of an administrative organ shall examine the
results of the investigation and make the following decisions in
light of different circumstances:
(1) to impose administrative penalty where an illegal act has
really been committed and for which administrative penalty should
be imposed, in light of the seriousness and the specific
circumstances of the case;
(2) to impose no administrative penalty where an illegal act is
minor? and which may be exempted from administrative penalty
according to law;
(3) to impose no administrative penalty where the facts about an
illegal act are not established; or
(4) to transfer the case to a judicial organ where an illegal
act constitutes a crime.
Before imposing a heavier administrative penalty for an illegal
act which is of a complicated or grave nature, the leading members
of an administrative organ shall make a collective decision through
discussion.?
Article 39? To impose administrative penalty according to
the provisions of Article 38 of this Law, an administrative organ
shall fill out form of decision for administrative penalty. The
following particulars shall be clearly recorded in a form of
decision for administrative penalty:
(1) name, or title, and address of the party;
(2) facts and evidence for the violation of law,?
regulations or rules;
(3) type of and basis for administrative penalty;
(4) manner of and time limit for enforcement of administrative
penalty;
(5) hannel and time limit for applying for administrative
reconsideration or bringing an administrative lawsuit if the party
refuses to accept the decision on administrative penalty; and
(6) title of the administrative organ that makes the decision on
administrative penalty and the date on which the decision is
made.
To the form of decision for administrative penalty must be
affixed the seal of the administrative organ that makes the
decision on administrative penalty.
Article 40 The form of decision for administrative penalty shall
be given to the party on the spot after announcement of the
decision; if the party is not present, the administrative organ
shall, within seven days, serve the form of decision for
administrative penalty on the party in accordance with the relevant
provisions of the Civil Procedure Law.?
Article 41 If ,? before making a decision on administrative
penalty, an administrative organ or its law-enforcing officer,
fails to notify, as stipulated in Articles 31 and 32 of this
Law,? the party of the facts about the violation, grounds and
basis on which the administrative penalty is imposed, or refuses to
heed? the party's statement and self-defense, the decision on
administrative penalty shall be invalid, except that the party
relinquishes the right to make a statement or to defend
himself.
Section 3
Procedure of Hearing
Article 42 An administrative organ, before making a decision on
administrative penalty that involves ordering for suspension of
production or business, rescission of business permit or license or
imposition of a comparatively large amount of fine, shall notify
the party that he? has the right to request a hearing;
if? the party requests a hearing, the administrative organ
shall arrange for the hearing. The party shall not bear the
expenses for the hearing arranged by the administrative organ. The
hearing shall be arranged according to the following procedure:
(1) To request a hearing, the party shall do it within three
days after being notified by the administrative organ;
(2) The administrative organ shall, seven days before the
hearing is held, notify the party of the time and place for the
hearing;
(3) The hearing shall be held openly, except where State
secrets, business secrets or private affairs are
involved;????
(4) The hearing shall be presided over by a person other than
the investigator of the case designated by the administrative
organ; if the party believes that the person? has a direct
interest in the current case, he shall have the right to apply for
the person's withdrawal;
(5) The party may participate in the hearing in person, or he
may entrust one or two persons to act on his behalf;
(6) The investigator shall, when the hearing is conducted, put
forward the facts about the violations of law committed by the
party, the evidence and recommendation for administrative penalty;
the party may defend himself and make cross-examination; and
(7)? Written record shall be made for the hearing; the
written record shall be shown to the party for checking, and when
the party acknowledges that the record is free of error, he shall
sign or affix his seal to it.
If the party has objection to the administrative penalty that
involves restriction of? freedom of person, the relevant
provisions of? Regulations on Administrative Penalties for
Public Security shall apply.
Article 43 When a hearing is concluded, the administrative organ
shall make a decision? in accordance with the provisions of
Article 38 of this Law.
Chapter VI
Enforcement of Administrative Penalty
Article 44 After a decision on administrative penalty has been
made in accordance with? law, the party shall carry it
out? within the time limit? set by the decision on
administrative penalty.
Article 45?? If the party refuses to accept the
decision on administrative penalty and? applies for
administrative reconsideration or brings an administrative lawsuit,
enforcement of the administrative penalty shall not be suspended,
except as otherwise prescribed by law.
Article 46 The administrative organ that makes the decision on a
fine shall be separated from the organ that collects the fine.
Except for circumstances under which fines shall be collected on
the spot? according to the provisions of Articles 47 and 48 of
this Law, no administrative organs that make the decision on
administrative penalty or their law-enforcing officers shall
collect fines themselves.
The parties shall, within 15 days from the date they receive the
forms of decision for administrative penalty,? pay the fines
to the banks as designated. The banks shall? accept the fines
and turn them over directly to the State Treasury.
Article 47? If a decision on administrative penalty is made
on the spot in accordance with the provisions of Article 33 of this
Law,? law-enforcing officers may collect fines on the spot
under one of the following circumstances:
(1) The fines imposed according to law is not more than 20 yuan;
or
(2) It is? difficult to carry out the decision if the fine
is not collected on the spot.
Article 48 If, after a decision on fine is made by an
administrative organ or its law-enforcing officers in accordance
with the provisions of Article 33 or Article 38 of this Law, it is
really difficult for the party in the area which is outlying, on
water or not easily accessible to pay the fine to the bank as
designated, the administrative organ or its law-enforcing officers
may, upon the request of the party, collect the fine on the
spot.
Article 49 Where fines are collected on the spot by an
administrative organ or its law-enforcing officers, the parties
shall be given receipts for the fines as are uniformly made and
issued by finance departments of provinces, autonomous regions or
municipalities directly under the Central Government; if such
receipts are not given, the parties shall have the right to refuse
to pay the fines.
Article 50 Fines collected by law-enforcing officers on the spot
shall be turned over to administrative organs within two days from
the date the fines are collected; fines collected on the spot on
water shall be turned over to administrative organs within two days
from the date of landing; the administrative organs shall, within
two days, deliver the fines over to the banks as designated.
Article 51 If the parties fail to carry out the decision on
administrative penalty within the time limit, the administrative
organ that made? the decision on administrative penalty may
adopt the following measures:
(1) to impose an additional fine at the rate of 3% of the amount
of the fine per day;
(2) in accordance with law, to sell by auction the sealed up or
seized property or things of value? or to transfer the frozen
deposits to offset the fine; and
(3) to apply to a People's Court for compulsory enforcement.
Article 52 If the parties truly have financial difficulties and
need to postpone payment of the? fines or pay them in
installments, payment may be put off for the time being or made in
installments after the parties have applied to and obtained
approval of the administrative organs.
Article 53? With the exception of the confiscated articles
or goods that should? be destroyed in accordance with law, the
illegal property or things of value that have been confiscated
according to law shall be sold by public auction in accordance with
the regulations of the State or shall be disposed of in accordance
with relevant State regulations.
Fines, confiscated illegal gains or money obtained from sale by
auction of the confiscated illegal property or things of value
shall be turned over to the State Treasury in full, and no
administrative organs or individuals may, in any manner, withhold,
or share these out privately, or do so in disguised form; no
finance department shall, in any manner, give the fines back to the
administrative organs that decided to impose the fines or give them
back the illegal gains they confiscated or the money? they
obtained from sale by auction of the confiscated illegal property
or things of value.
Article 54 Administrative organs shall establish a sound
supervisory system for administrative penalty. People's governments
at or above the county level shall exercise stricter supervision
and inspection of administrative penalty.?
A citizen, a legal person or other organization shall have?
the right to make an appeal or accusation? against an
administrative penalty imposed by an administrative organ. The
administrative organ shall carefully examine the appeal or
accusation, and when it finds that the administrative penalty is
wrong, it shall take the initiative to correct it.
Chapter VII
Legal Responsibility
Article 55 If an administrative organ imposes an administrative
penalty in any of the following manners, it? shall be ordered
by the administrative organ at the higher level or a relevant
department to make correction, and administrative sanctions may, in
accordance with law, be imposed upon? the persons who are
directly in charge and other persons who are directly responsible
for the offense:
(1) without statutory? basis for administrative
penalty;
(2) by altering the types and range of administrative penalty,
without authorization;
(3) in violation of? the legal procedure for administrative
penalty; or
(4) in violation of? the provisions of Article 18 of this
Law concerning entrusting an organization with imposition of?
administrative penalty.
Article 56? If? administrative organs, when imposing
penalties on the parties, do not use the documents for fines and
confiscation of property or things of value,? or use the
documents for fines and confiscation of property or things of
value? that are prepared and issued by non-statutory
departments, the parties shall have the right to refuse to accept
the penalties and the right to accuse them. The administrative
organs at higher levels or? relevant departments shall
confiscate and destroy the illegal documents in use and shall, in
accordance with law, impose administrative sanctions upon the
persons who are directly in charge and other persons who are
directly responsible for the offense.
Article 57? If administrative organs, in violation of the
provisions of Article 46 of this Law,? collect fines
themselves, if finance departments, in violation of the provisions
of Article 53 of this Law, give back to administrative organs fines
or money obtained from sale by auction of confiscated illegal
property or things of value, the administrative organs at higher
levels or relevant departments shall order them to make correction
and shall, in accordance with law, impose administrative sanctions
upon the persons who are directly in charge and other persons who
are directly responsible for the offense.
Article 58 The fines, confiscated illegal gains or property or
things of value that are? withheld, shared out privately or
done so in disguised form by administrative organs shall be
recovered by finance departments or relevant departments, the
persons who are directly in charge and other persons who are
directly responsible for the offense shall be given administrative
sanctions according to law;? if the offense is serious enough
to constitute a crime, criminal responsibility shall be
investigated in accordance with law.?
If law-enforcing officers, taking advantage of their functions,
ask for? or accept other person's property or things of value
or take into their own possession fines they have collected and, if
the offense constitutes a crime, they shall be investigated for
criminal responsibility in accordance with law; if the offense is
of a minor nature and does not constitute a crime, administrative
sanctions shall be imposed upon them in accordance with law.
Article 59? If administrative organs use or? destroy
the property or things of value they have seized and thus cause
losses to the parties, they shall give compensation to the parties
according to law,? and administrative sanctions shall, in
accordance with law, be imposed upon the persons who are directly
in charge and other persons who are directly responsible for the
offense.
Article 60? If administrative organs violate law when
enforcing? measures? of inspection or execution and thus
inflict damage on the person or property of citizens or cause?
losses to legal persons or other organizations, they shall be
liable for compensation according to law, and the persons who are
directly in charge and? other persons who are directly
responsible for the offense shall? be given administrative
sanctions in accordance with law; if the offence is serious enough
to constitute a crime, criminal responsibility shall be
investigated according to law.?
Article 61? If administrative organs, for the purpose of
seeking departmental gain, do not transfer cases to judicial organs
for investigation of criminal responsibility as they should do in
accordance with law but impose administrative penalty in place of
criminal penalty, the administrative organs at higher levels or
relevant departments shall order them to make correction; if they
refuse to do so, administrative sanctions shall be imposed upon the
persons who are directly in charge; persons who practise
irregularities for personal gain, cover up or connive at violations
of law shall be investigated for criminal responsibility by
applying? mutatis mutandis? the provisions of Article 188
of the Criminal Law.
Article 62 If illegal acts that should be checked and punished
are not checked and punished due to dereliction of duty by
law-enforcing officers, and thus damaging the lawful rights and
interests of citizens, legal persons and other organizations,
public interests and public order, the persons who are directly in
charge and other persons who are directly responsible for the
offense shall be given administrative sanctions in accordance with
law; if the violation is serious enough to constitute a
crime,? criminal responsibility shall be investigated
according to law.
Chapter VIII
Supplementary Provisions
Article 63 Specific measures for implementing the provisions of
Article 46 of this Law concerning separation of the organs that
make the decision on imposing fines from the organs that collect
fines shall be formulated by the State Council.
Article 64 This Law shall go into effect as of October 1,
1996.
Provisions regarding administrative penalty in the regulations
and rules, enacted before the promulgation of this Law, that do not
comply with the provisions of this Law shall be amended in
accordance with the provisions of this Law from the date of?
promulgation of this Law, and such amendment shall be finished
before December 31, 1997.
Source: NPC