Law of the People's Republic of China on Administrative Penalties (Revised in 2021)
Law of the People's Republic of China on Administrative Penalties (Revised in 2021)
Law of the People's Republic of China on Administrative Penalties (Revised in 2021)
Order of the President of the People's Republic of China No.70
January 22, 2021
The Law of the People's Republic of China on Administrative Penalties, which was revised and adopted at the 25th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on January 22, 2021, is hereby issued and shall come into force as of July 15, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Administrative Penalties
(Adopted at the Fourth Session of the Eighth National People's Congress on March 17, 1996; amended for the first time in accordance with the Decision on Amending Certain Laws passed at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time in accordance with the Decision on Amending Eight Laws Including the Judges Law of the People's Republic of China passed at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017; revised at the 25th Session of the Standing Committee of the 13th National People's Congress on January 22, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Types and Creation of Administrative Penalties
Chapter III Organs Imposing Administrative Penalties
Chapter IV Jurisdiction and Application of Administrative Penalties
Chapter V Decisions on Administrative Penalty
Section 1 General Rules
Section 2 Summary Procedure
Section 3 Ordinary Procedure
Section 4 Procedure of Hearings
Chapter VI Enforcement of Administrative Penalties
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The Law is enacted pursuant to the Constitution for the purposes of standardizing the creation and imposition of administrative penalties, ensuring and supervising the effective exercise of administration by administrative organs, safeguarding public interests and the public order, and protecting the lawful rights and interests of citizens, legal persons and other organizations.
Article 2 Administrative penalties refer to administrative organs punishing citizens, legal persons or other organizations that violate an administrative order by means of reducing their rights and interests or increasing their obligations in accordance with the law.
Article 3 The creation and imposition of administrative penalties shall be governed by the Law.
Article 4 Where an administrative penalty needs to be imposed on a citizen, legal person or any other organization due to a violation of an administrative order, it shall be prescribed by the laws, rules or regulations pursuant to the Law, and imposed by administrative organs in compliance with the procedure prescribed by the Law.
Article 5 Administrative penalties shall be imposed in adherence to the principles of fairness and openness.
The creation and imposition of administrative penalties shall be based on the facts of the case and shall correspond to the facts, nature and gravity of the unlawful act and damage done to society.
Provisions on administrative penalties to be imposed for unlawful acts must be published; those which are not published shall not be effective as the basis for an administrative penalty.
Article 6 In imposing administrative penalties to correct an unlawful act, penalties shall also be educational in nature, so that citizens, legal persons or other organizations can become aware of and understand the importance of observing the law.
Article 7 Citizens, legal persons or other organizations on whom administrative penalties are imposed by administrative organs shall have the right to state their case and the right to defend themselves; those who refuse to accept administrative penalties shall have the right to apply for administrative reconsideration, or bring an administrative lawsuit in accordance with the law.
Citizens, legal persons or other organizations that have suffered damage caused by an administrative penalty imposed by an administrative organ in violation of laws shall have the right to demand compensation in accordance with the law.
Article 8 Citizens, legal persons or other organizations that are subject to administrative penalties because of an unlawful act shall, in accordance with the law, bear the civil liability for the damage done to others by their unlawful act.
Where an unlawful act constitutes a crime, potential criminal liability shall be investigated in accordance with the law; no administrative penalty shall be imposed in the place of a criminal penalty.
Chapter II Types and Creation of Administrative Penalties
Article 9 Types of 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, or rescission of a permit;
4. restriction on the development of production and business activities, orders for the suspension of production or business or the closure, or restrictions on employment;
5. administrative detention; and
6. other administrative penalties as prescribed by laws and administrative regulations.
Article 10 Different types of administrative penalties may be created by laws.
Administrative penalties involving restrictions on the freedom of the person shall only be created through laws.
Article 11 Administrative penalties, with the exception of those restricting the freedom of the person, may be created through administrative regulations.
Where it is necessary to formulate specific provisions, in administrative regulations, regarding an unlawful act for which administrative penalties have been formulated in laws, they must be formulated within the limits of the acts subject to and types and range of administrative penalties that have been prescribed by laws.
Where laws formulate no provisions on administrative penalties regarding an unlawful act, administrative regulations may create supplementary administrative penalties to implement laws. If it is proposed to create supplementary administrative penalties, opinions shall be widely sought through hearings and demonstration meetings, and written explanations shall be submitted to the formulation organ. When administrative regulations are submitted for the record, the creation of supplementary administrative penalties shall be explained.
Article 12 Administrative penalties, with the exception of restrictions on the freedom of the person and the rescission of business licenses, may be created by local regulations.
Where it is necessary to formulate specific provisions, in local regulations, regarding an unlawful act for which administrative penalties have been formulated in laws and administrative regulations, they must be formulated within the limits of the acts subject to and types and range of administrative penalties that have been prescribed by laws and administrative regulations.
Where laws and administrative regulations formulate no provisions on administrative penalties regarding an unlawful act, local regulations may create supplementary administrative penalties to implement laws and administrative regulations. If it is proposed to create supplementary administrative penalties, opinions shall be widely sought through hearings and demonstration meetings, and written explanations shall be submitted to the formulation organ. When local regulations are submitted for the record, the creation of supplementary administrative penalties shall be explained.
Article 13 The specific provisions may be formulated in the departmental rules of the State Council within the limits of the acts subject to and types and range of administrative penalties that have been prescribed by laws and administrative regulations.
With regard to violations of an administration order that are not prescribed by written laws or administrative regulations, departmental rules of the State Council may create administrative penalties such as warnings, criticism in a circulated notice or a certain amount of fines. The limits of fines shall be set out by the State Council.
Article 14 The specific provisions may be formulated in local departmental rules within the limits of the acts subject to and types and range of administrative penalties that have been prescribed by laws and regulations.
With regard to violations of an administration order that are not prescribed by written laws or regulations, local departmental rules may create administrative penalties such as warnings, criticism in a circulated notice or a certain amount of fines. The limits of fines shall be set out by the standing committees of people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 15 Departments of the State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the relevant departments thereof shall regularly organize the assessment of the imposition and necessity of administrative penalties, and give suggestions on revising or repealing improper matters relating to and types of administrative penalties and fines.
Article 16 No administrative penalties shall be created in any other regulatory document, except for laws, regulations and rules.
Chapter III Organs Imposing Administrative Penalties
Article 17 Administrative penalties shall be imposed by administrative organs that have the power to impose administrative penalties within the scope of their statutory functions and powers.
Article 18 The State promotes the establishment of a comprehensive administrative law enforcement system in areas such as urban management, market regulation, ecological environment, cultural market, transportation, emergency management and agriculture, to relatively centralize the power to impose administrative penalties.
The State Council or the people's government of a province, autonomous region or municipality directly under the Central Government may decide to require an administrative organ to exercise another administrative organ's power to impose administrative penalties.
The power to impose administrative penalties involving restrictions on the freedom of the person shall only be exercised by public security organs and other organs specified by laws.
Article 19 Organizations that are authorized by laws and regulations to deal with the administration of public affairs may impose administrative penalties within the scope of their powers as authorized by laws.
Article 20 In accordance with the provisions of laws, regulations or rules, an administrative organ 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 with the power to impose administrative penalties. An administrative organ may not entrust another organization or individual with the power to impose administrative penalties.
The power of attorney shall specify the specific matters, powers, and time limit related to entrustment. The entrusting administrative organ and the entrusted organization shall disclose the power of attorney to the public.
The entrusting administrative organ shall be responsible for supervising the imposition of administrative penalties by the entrusted organization, and shall bear legal liability for the consequences of such imposition.
The entrusted organization shall, within the scope of entrustment, impose administrative penalties in the name of the entrusting administrative organ, and may not entrust the power to impose administrative penalties entrusted to it to any other organization or individual.
Article 21 The organization to be entrusted shall meet the following conditions:
1. it is an institution in charge of public affairs, and established in accordance with the law;
2. it is staffed by personnel who are familiar with the relevant laws, regulations and rules, are experienced in the relevant work and are qualified for administrative law enforcement; and
3. it has the ability to organize and conduct the technical tests or technical appraisals that are needed.
Chapter IV Jurisdiction and Application of Administrative Penalties
Article 22 Administrative penalties shall come under the jurisdiction of an administrative organ in the place where the unlawful act was committed. Where it is otherwise specified by the provisions of any other laws, administrative regulations or departmental rules, such provisions shall prevail.
Article 23 Administrative penalties shall come under the jurisdiction of an administrative organ with the power to impose administrative penalties of a local people's government at or above the county level. Where it is otherwise specified by the provisions of any other laws or administrative regulations, such provisions shall prevail.
Article 24 A province, autonomous region or municipality directly under the Central Government may, based on local actual conditions, decide to delegate the power to impose administrative penalties of departments under local people's governments at the county-level that is urgently needed by grassroots administrations of the people's governments of townships and sub-district offices that can effectively take over the power, and regularly organize assessment. The said decision shall be announced.
The people's governments of townships and sub-district offices that take over the power to impose administrative penalties shall improve their law enforcement capabilities, and impose administrative penalties in accordance with the prescribed scope and legal procedures.
The relevant local people's governments and their departments shall strengthen the organization and coordination, business guidance and supervision of law enforcement, establish and perfect a coordination and cooperation mechanism for administrative penalties, and improve the appraisal and assessment system.
Article 25 Where two or more administrative organs have jurisdiction, the administrative organ that first filed the case shall accept jurisdiction.
If a dispute arises over jurisdiction between two or more administrative organs, it shall be resolved through negotiation, or if negotiation fails, be reported to the common administrative organ at the next higher level which will designate the jurisdiction; or the common administrative organ at the next higher level may directly designate the jurisdiction.
Article 26 An administrative organ may, due to the need arising from the imposition of administrative penalties, submit a request for assistance to the relevant organ. If such assistance falls within the scope of functions and powers of the organ receiving the request, it shall provide assistance in accordance with the law.
Article 27 If an unlawful act constitutes a suspected crime, the administrative organ must timely transfer the case to a judicial organ for investigation of criminal liability according to the law. Where criminal liability is not required to be investigated or is exempted, but administrative penalties must be imposed according to the law, the judicial organ shall promptly transfer the case to the relevant administrative organ.
The organs imposing administrative penalties and judicial organs shall strengthen coordination and cooperation, establish and improve a case transfer system, intensify the connection in the transfer and reception of evidentiary materials, and perfect the notification mechanism for case handling information.
Article 28 When imposing an administrative penalty, the administrative organ shall order the party concerned to remedy his or her unlawful act or to do so within a specified time limit.
If the party concerned has unlawful gains, they shall be confiscated except for those that shall be refunded according to the law. Unlawful gains refer to the money obtained from the implementation of illegal acts. Where laws, administrative regulations or departmental rules contain other provisions on the calculation of unlawful gains, such provisions shall prevail.
Article 29 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 against the same unlawful act that violates multiple laws, the provision involving the higher fine amount shall apply.
Article 30 If a person under the age of 14 commits an unlawful act, no administrative penalty shall be imposed on him/her, but his/her guardian shall be ordered to discipline and educate him/her; if a person who has reached the age of 14, but is not yet 18 years of age, commits an unlawful act, a lighter or mitigated administrative penalty shall be imposed on him/her.
Article 31 If an individual with a mental illness or mental disability commits an unlawful act at a time when he or she is unable to appreciate or cannot control his or her conduct, no administrative penalty shall be imposed on him or her, but his or her guardian shall be ordered to keep him or her under close surveillance and arrange for his or her medical treatment.
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Order of the President of the People's Republic of China No.70
January 22, 2021
The Law of the People's Republic of China on Administrative Penalties, which was revised and adopted at the 25th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on January 22, 2021, is hereby issued and shall come into force as of July 15, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Administrative Penalties
(Adopted at the Fourth Session of the Eighth National People's Congress on March 17, 1996; amended for the first time in accordance with the Decision on Amending Certain Laws passed at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time in accordance with the Decision on Amending Eight Laws Including the Judges Law of the People's Republic of China passed at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017; revised at the 25th Session of the Standing Committee of the 13th National People's Congress on January 22, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Types and Creation of Administrative Penalties
Chapter III Organs Imposing Administrative Penalties
Chapter IV Jurisdiction and Application of Administrative Penalties
Chapter V Decisions on Administrative Penalty
Section 1 General Rules
Section 2 Summary Procedure
Section 3 Ordinary Procedure
Section 4 Procedure of Hearings
Chapter VI Enforcement of Administrative Penalties
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The Law is enacted pursuant to the Constitution for the purposes of standardizing the creation and imposition of administrative penalties, ensuring and supervising the effective exercise of administration by administrative organs, safeguarding public interests and the public order, and protecting the lawful rights and interests of citizens, legal persons and other organizations.
Article 2 Administrative penalties refer to administrative organs punishing citizens, legal persons or other organizations that violate an administrative order by means of reducing their rights and interests or increasing their obligations in accordance with the law.
Article 3 The creation and imposition of administrative penalties shall be governed by the Law.
Article 4 Where an administrative penalty needs to be imposed on a citizen, legal person or any other organization due to a violation of an administrative order, it shall be prescribed by the laws, rules or regulations pursuant to the Law, and imposed by administrative organs in compliance with the procedure prescribed by the Law.
Article 5 Administrative penalties shall be imposed in adherence to the principles of fairness and openness.
The creation and imposition of administrative penalties shall be based on the facts of the case and shall correspond to the facts, nature and gravity of the unlawful act and damage done to society.
Provisions on administrative penalties to be imposed for unlawful acts must be published; those which are not published shall not be effective as the basis for an administrative penalty.
Article 6 In imposing administrative penalties to correct an unlawful act, penalties shall also be educational in nature, so that citizens, legal persons or other organizations can become aware of and understand the importance of observing the law.
Article 7 Citizens, legal persons or other organizations on whom administrative penalties are imposed by administrative organs shall have the right to state their case and the right to defend themselves; those who refuse to accept administrative penalties shall have the right to apply for administrative reconsideration, or bring an administrative lawsuit in accordance with the law.
Citizens, legal persons or other organizations that have suffered damage caused by an administrative penalty imposed by an administrative organ in violation of laws shall have the right to demand compensation in accordance with the law.
Article 8 Citizens, legal persons or other organizations that are subject to administrative penalties because of an unlawful act shall, in accordance with the law, bear the civil liability for the damage done to others by their unlawful act.
Where an unlawful act constitutes a crime, potential criminal liability shall be investigated in accordance with the law; no administrative penalty shall be imposed in the place of a criminal penalty.
Chapter II Types and Creation of Administrative Penalties
Article 9 Types of 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, or rescission of a permit;
4. restriction on the development of production and business activities, orders for the suspension of production or business or the closure, or restrictions on employment;
5. administrative detention; and
6. other administrative penalties as prescribed by laws and administrative regulations.
Article 10 Different types of administrative penalties may be created by laws.
Administrative penalties involving restrictions on the freedom of the person shall only be created through laws.
Article 11 Administrative penalties, with the exception of those restricting the freedom of the person, may be created through administrative regulations.
Where it is necessary to formulate specific provisions, in administrative regulations, regarding an unlawful act for which administrative penalties have been formulated in laws, they must be formulated within the limits of the acts subject to and types and range of administrative penalties that have been prescribed by laws.
Where laws formulate no provisions on administrative penalties regarding an unlawful act, administrative regulations may create supplementary administrative penalties to implement laws. If it is proposed to create supplementary administrative penalties, opinions shall be widely sought through hearings and demonstration meetings, and written explanations shall be submitted to the formulation organ. When administrative regulations are submitted for the record, the creation of supplementary administrative penalties shall be explained.
Article 12 Administrative penalties, with the exception of restrictions on the freedom of the person and the rescission of business licenses, may be created by local regulations.
Where it is necessary to formulate specific provisions, in local regulations, regarding an unlawful act for which administrative penalties have been formulated in laws and administrative regulations, they must be formulated within the limits of the acts subject to and types and range of administrative penalties that have been prescribed by laws and administrative regulations.
Where laws and administrative regulations formulate no provisions on administrative penalties regarding an unlawful act, local regulations may create supplementary administrative penalties to implement laws and administrative regulations. If it is proposed to create supplementary administrative penalties, opinions shall be widely sought through hearings and demonstration meetings, and written explanations shall be submitted to the formulation organ. When local regulations are submitted for the record, the creation of supplementary administrative penalties shall be explained.
Article 13 The specific provisions may be formulated in the departmental rules of the State Council within the limits of the acts subject to and types and range of administrative penalties that have been prescribed by laws and administrative regulations.
With regard to violations of an administration order that are not prescribed by written laws or administrative regulations, departmental rules of the State Council may create administrative penalties such as warnings, criticism in a circulated notice or a certain amount of fines. The limits of fines shall be set out by the State Council.
Article 14 The specific provisions may be formulated in local departmental rules within the limits of the acts subject to and types and range of administrative penalties that have been prescribed by laws and regulations.
With regard to violations of an administration order that are not prescribed by written laws or regulations, local departmental rules may create administrative penalties such as warnings, criticism in a circulated notice or a certain amount of fines. The limits of fines shall be set out by the standing committees of people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 15 Departments of the State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the relevant departments thereof shall regularly organize the assessment of the imposition and necessity of administrative penalties, and give suggestions on revising or repealing improper matters relating to and types of administrative penalties and fines.
Article 16 No administrative penalties shall be created in any other regulatory document, except for laws, regulations and rules.
Chapter III Organs Imposing Administrative Penalties
Article 17 Administrative penalties shall be imposed by administrative organs that have the power to impose administrative penalties within the scope of their statutory functions and powers.
Article 18 The State promotes the establishment of a comprehensive administrative law enforcement system in areas such as urban management, market regulation, ecological environment, cultural market, transportation, emergency management and agriculture, to relatively centralize the power to impose administrative penalties.
The State Council or the people's government of a province, autonomous region or municipality directly under the Central Government may decide to require an administrative organ to exercise another administrative organ's power to impose administrative penalties.
The power to impose administrative penalties involving restrictions on the freedom of the person shall only be exercised by public security organs and other organs specified by laws.
Article 19 Organizations that are authorized by laws and regulations to deal with the administration of public affairs may impose administrative penalties within the scope of their powers as authorized by laws.
Article 20 In accordance with the provisions of laws, regulations or rules, an administrative organ 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 with the power to impose administrative penalties. An administrative organ may not entrust another organization or individual with the power to impose administrative penalties.
The power of attorney shall specify the specific matters, powers, and time limit related to entrustment. The entrusting administrative organ and the entrusted organization shall disclose the power of attorney to the public.
The entrusting administrative organ shall be responsible for supervising the imposition of administrative penalties by the entrusted organization, and shall bear legal liability for the consequences of such imposition.
The entrusted organization shall, within the scope of entrustment, impose administrative penalties in the name of the entrusting administrative organ, and may not entrust the power to impose administrative penalties entrusted to it to any other organization or individual.
Article 21 The organization to be entrusted shall meet the following conditions:
1. it is an institution in charge of public affairs, and established in accordance with the law;
2. it is staffed by personnel who are familiar with the relevant laws, regulations and rules, are experienced in the relevant work and are qualified for administrative law enforcement; and
3. it has the ability to organize and conduct the technical tests or technical appraisals that are needed.
Chapter IV Jurisdiction and Application of Administrative Penalties
Article 22 Administrative penalties shall come under the jurisdiction of an administrative organ in the place where the unlawful act was committed. Where it is otherwise specified by the provisions of any other laws, administrative regulations or departmental rules, such provisions shall prevail.
Article 23 Administrative penalties shall come under the jurisdiction of an administrative organ with the power to impose administrative penalties of a local people's government at or above the county level. Where it is otherwise specified by the provisions of any other laws or administrative regulations, such provisions shall prevail.
Article 24 A province, autonomous region or municipality directly under the Central Government may, based on local actual conditions, decide to delegate the power to impose administrative penalties of departments under local people's governments at the county-level that is urgently needed by grassroots administrations of the people's governments of townships and sub-district offices that can effectively take over the power, and regularly organize assessment. The said decision shall be announced.
The people's governments of townships and sub-district offices that take over the power to impose administrative penalties shall improve their law enforcement capabilities, and impose administrative penalties in accordance with the prescribed scope and legal procedures.
The relevant local people's governments and their departments shall strengthen the organization and coordination, business guidance and supervision of law enforcement, establish and perfect a coordination and cooperation mechanism for administrative penalties, and improve the appraisal and assessment system.
Article 25 Where two or more administrative organs have jurisdiction, the administrative organ that first filed the case shall accept jurisdiction.
If a dispute arises over jurisdiction between two or more administrative organs, it shall be resolved through negotiation, or if negotiation fails, be reported to the common administrative organ at the next higher level which will designate the jurisdiction; or the common administrative organ at the next higher level may directly designate the jurisdiction.
Article 26 An administrative organ may, due to the need arising from the imposition of administrative penalties, submit a request for assistance to the relevant organ. If such assistance falls within the scope of functions and powers of the organ receiving the request, it shall provide assistance in accordance with the law.
Article 27 If an unlawful act constitutes a suspected crime, the administrative organ must timely transfer the case to a judicial organ for investigation of criminal liability according to the law. Where criminal liability is not required to be investigated or is exempted, but administrative penalties must be imposed according to the law, the judicial organ shall promptly transfer the case to the relevant administrative organ.
The organs imposing administrative penalties and judicial organs shall strengthen coordination and cooperation, establish and improve a case transfer system, intensify the connection in the transfer and reception of evidentiary materials, and perfect the notification mechanism for case handling information.
Article 28 When imposing an administrative penalty, the administrative organ shall order the party concerned to remedy his or her unlawful act or to do so within a specified time limit.
If the party concerned has unlawful gains, they shall be confiscated except for those that shall be refunded according to the law. Unlawful gains refer to the money obtained from the implementation of illegal acts. Where laws, administrative regulations or departmental rules contain other provisions on the calculation of unlawful gains, such provisions shall prevail.
Article 29 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 against the same unlawful act that violates multiple laws, the provision involving the higher fine amount shall apply.
Article 30 If a person under the age of 14 commits an unlawful act, no administrative penalty shall be imposed on him/her, but his/her guardian shall be ordered to discipline and educate him/her; if a person who has reached the age of 14, but is not yet 18 years of age, commits an unlawful act, a lighter or mitigated administrative penalty shall be imposed on him/her.
Article 31 If an individual with a mental illness or mental disability commits an unlawful act at a time when he or she is unable to appreciate or cannot control his or her conduct, no administrative penalty shall be imposed on him or her, but his or her guardian shall be ordered to keep him or her under close surveillance and arrange for his or her medical treatment.
......