Circular of the Ministry of Finance and People's Bank of China on the Measures for the Management of Fine Collection and Payment Agencies
Circular of the Ministry of Finance and People's Bank of China on the Measures for the Management of Fine Collection and Payment Agencies
Circular of the Ministry of Finance and People's Bank of China on the Measures for the Management of Fine Collection and Payment Agencies
Cai Yu Zi [1998] No. 201
May 28, 1998
All ministries and commissions of the state council and organizations directly under; financial department(Bureau) of all provinces, autonomous regions, directly governed city regions and cities specifically designated in the state plan; financial inspection executive agencies of all provinces, autonomous regions, directly governed city regions and cities specifically designated in the state plan; branches of People's Bank in all provinces, autonomous regions and directly governed city regions, cities specifically designated in the state plan, Xinjiang production and construction Corps:
In order to strictly implement the relevant regulations of the Law of the People's Republic of China on Administrative Penalties and Implementation Measures on the division of work on the decision and collection of fines and ensure that fines are collected and transferred to the state treasury as soon as possible, the Measures for the Management of Fine Collection and Payment Agencies have been formulated. Having now issued the Measures for the Management of Fine Collection and Payment Agencies to all, please comply and implement these measures accordingly.
Appendix:
Measures for the Management Fine Collection and Payment Agencies.
Chapter I General Principles
Article 1 In order to enhance the management of fine collection and depositing of fines with the State Treasury, these measures have been established according to the provisions of relevant laws and legislations of the Law of the People's Republic of China on Administrative Penalties, Implementation Measures on the division of work on the decision and collection of fines and Regulations of State treasury of People's Republic of China.
Article 2 Administrative department with the power to impose penalty and organizations authorized by laws and legislations or commissioned by the executive authorities to implement administrative punishment (hereinafter referred to as the administrative department implementing penalty decision, collection and the division of work. The collection of fines shall be conducted according to these procedures.
Administrative departments collecting fines on the spot in accordance with the law are not required to follow these procedures.
Chapter II Fine collection agencies
Article 3 Fines from the customs, foreign exchange management/bureau, and other administrative departments with vertical management' and legal power to impose penalties shall be collected according to the law by the branches of state-owned Commercial Banks. If state-owned commercial banks encounter difficulties in collecting payment, other commercial banks can be entrusted with it, after consultation and agreement between local financial inspection offices of the Ministry of Finance and local branches of the People's Bank of China.
Article 4 Fines from relevant State Council departments with legal power to impose penalty shall be collected by the branches of state-owned Commercial Banks.
Article 5 Fines from local administrative departments with legal power to impose penalty will be collected by appointed collection agencies after a joint research held by local people's government above county level.
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