Order of the President of the People's Republic of China

No. 70

The Law of the People's Republic of China on Administrative Penalty, adopted at the 25th Meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on January 22, 2021, is hereby promulgated and shall come into force on July 15, 2021. 

Xi Jinping

President of the People's Republic of China

January 22, 2021

Law of the People's Republic of China on Administrative Penalty

(Adopted at the 4th Session of the Eighth National People's Congress on March 17, 1996; amended for the first time in accordance with the Decision on Amending Some Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; amended for the second time in accordance with the Decision on Amending the Judges Law of the People's Republic of China and Other Seven Laws adopted at the 29th Meeting of the Standing Committee of the Twelfth National People's Congress on September 1, 2017; and revised at the 25th Meeting of the Standing Committee of the Thirteenth National People's Congress on January 22, 2021)

Contents

Chapter I General Provisions

Chapter II Types and Establishment of Administrative Penalties

Chapter III Organs Enforcing Administrative Penalties

Chapter IV Jurisdiction over and Application of Administrative Penalties

Chapter V Decision on Administrative Penalties

Section 1 General Rules

Section 2 Summary Procedure

Section 3 Ordinary Procedure

Section 4 Hearing Procedure

Chapter VI Enforcement of Administrative Penalties

Chapter VII Legal Responsibilities

Chapter VIII Supplemental Provisions

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purposes of standardizing the establishment and enforcement of administrative penalties, guaranteeing and supervising the effective administration by administrative organs, upholding public interests, maintaining public order, and protecting the lawful rights and interests of citizens, legal persons and other organizations.

Article 2 An administrative penalty refers to the act of an administrative organ punishing a citizen, legal person, or another organization in accordance with law for violation of administrative order by reducing their rights and interests or increasing their obligations.

Article 3 The establishment and enforcement of administrative penalties shall be governed by this Law.

Article 4 An administrative penalty that should be imposed on a citizen, legal person or another organization for violation of administrative order shall be prescribed by laws, administrative regulations or government rules in accordance with this Law and enforced by an administrative organ in accordance with the procedures prescribed in this Law.

Article 5 The principles of fairness and openness shall be followed for administrative penalties.

The establishment and enforcement of administrative penalties must be based on facts and proportionate to the facts, nature, circumstances and degree of social harm of violations of law.

Provisions on the imposition of administrative penalties for violations of law must be published; and unpublished provisions shall not be taken as the basis for administrative penalties.

Article 6 In enforcing administrative penalties and rectifying violations of law, the combination of penalty and education shall be adhered to, and citizens, legal persons or other organizations shall be educated to consciously abide by law.

Article 7 Citizens, legal persons or other organizations on which an administrative penalty is imposed by an administrative organ shall have the right to make a statement and the right to defend against the penalty; and those that refuse to accept an administrative penalty shall have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

A citizen, legal person or another organization that has suffered damages due to an administrative penalty imposed by an administrative organ in violation of law shall have the right to demand compensation in accordance with law.

Article 8 A citizen, a legal person or another organization subject to an administrative penalty for a violation of law shall also assume civil liability in accordance with law if the violation of law has caused damages to others.

Where a violation of law constitutes a crime for which criminal liability shall be investigated in accordance with law, an administrative penalty shall not be imposed in place of a criminal penalty.

Chapter II Types and Establishment of Administrative Penalties

Article 9 Administrative penalties shall include the following types:

1. Warning or circulation of notice of criticism;

2. Fines, confiscation of illegal gains, or confiscation of illegal property;

3. Suspending licenses, lowering the qualification level, or revoking licenses;

4. Restricting production or business operation, ordering suspension of production or business, ordering closure of business, or restricting engagement in certain business operations;

5. Administrative detention; and

6. Other administrative penalties as prescribed by laws and administrative regulations.

Article 10 Various types of administrative penalties may be established by law.

Administrative penalties restricting personal freedom shall be established only by law.

Article 11 Administrative penalties other than the restriction of personal freedom may be established by administrative regulations.

Where administrative penalties for violation of law have been provided for in laws and specific provisions need to be formulated in administrative regulations, such provisions must be formulated within the scope of the acts subject to administrative penalties and within the types and range of such penalties as prescribed in laws.

Where a law does not prescribe administrative penalties for its violations, such penalties may be supplemented by the administrative regulations implementing the law. Where administrative penalties are to be supplemented, opinions shall be extensively solicited by hearings, demonstration meetings and other means, and written explanations shall be made to the enacting organ of the law. When administrative regulations are submitted for record, the supplementation of administrative penalties shall be explained.

Article 12 Local regulations may establish administrative penalties other than restriction of personal freedom and revocation of business licenses.

Where laws and administrative regulations have already prescribed administrative penalties on violations of law, and it is still necessary to formulate specific provisions on such penalties in local regulations, such provisions must be formulated within the scope of the acts subject to administrative penalties and within the types and range of such penalties as prescribed by laws and administrative regulations.

Where laws or administrative regulations have no provisions on administrative penalties for their violations, such penalties may be supplemented by local regulations for the implementation of the laws and administrative regulations. Where such administrative penalties are to be supplemented, opinions shall be extensively solicited by hearings, demonstration meetings and other means, and written explanations shall be made to the enacting organs of the laws and administrative regulations. When local regulations are submitted for record, the supplement of administrative penalties shall be explained.

Article 13 Specific provisions on administrative penalties may be prescribed in departmental rules of the State Council within the scope of the acts subject to administrative penalties and within the types and range of such penalties as prescribed by relevant laws and administrative regulations.

For violations of administration order on which no laws or administrative regulations have been enacted, administrative penalties such as warning, circulation of notice of criticism or certain amount of fines may be established in the departmental rules of the State Council. The limit of the fines shall be prescribed by the State Council.

Article 14 Specific provisions on administrative penalties may be prescribed in local government rules within the scope of the acts subject to administrative penalties and within the types and range of such penalties as prescribed by relevant laws and administrative regulations.

For violations of administration order on which no laws or administrative regulations have been enacted, administrative penalties such as warning, circulation of notice of criticism or a certain amount of fines may be established by local government rules. The specific amount of the fines shall be prescribed by the standing committees of the people's congresses of provinces, autonomous regions or municipalities directly under the Central Government.

Article 15 Various departments under the State Council, people's governments of provinces, autonomous regions and municipalities directly under the Central Government and relevant departments shall organize the assessment of the enforcement and the necessity of administrative penalties on a regular basis, and put forward suggestions on amending or repealing inappropriate provisions on matters, types of administrative penalties and the amount of fines.

Article 16 No administrative penalty shall be established in any normative document other than laws, administrative regulations or government rules.

Chapter III Organs Enforcing Administrative Penalties

Article 17 Administrative penalties shall be enforced by administrative organs with the power of imposing 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 urban management, market regulation, ecological environment, cultural market, transportation, emergency management, agriculture and other fields, and relatively concentrates the power of the administrative penalty.

The State Council or the people's government of a province, autonomous region, and municipality directly under the Central Government may decide to have one administrative organ exercise the power of imposing administrative penalties of other relevant administrative organs.

The power of the administrative penalty that restricts personal freedom shall be exercised only by public security organs and other organs prescribed by law.

Article 19 An organization authorized by laws or administrative regulations to manage public affairs may enforce administrative penalties within the scope of its statutory authorization.

Article 20 In accordance with the provisions of laws, administrative regulations or government rules, an administrative organ may, within the scope of its statutory authority, entrust in writing an organization that meets the conditions prescribed in Article 21 of this Law with the enforcement of administrative penalties. An administrative organ shall not entrust the enforcement of administrative penalties to any other organization or individual.

The letter of entrustment shall specify the specific entrusted matter, competence, time limit and other matters of entrustment. The entrusting administrative organ and the entrusted organization shall announce the letter of entrustment to the public.

The entrusting administrative organ shall be responsible for supervising the enforcement of administrative penalties by the entrusted organization and assume legal responsibilities for consequences of the enforcement.

An entrusted organization shall, within the scope of entrustment, enforce administrative penalties in the name of the entrusting administrative organ; and it shall not re-entrust another organization or individual with the enforcement of administrative penalties.

Article 21 An entrusted organization must meet the following conditions:

1. It is formed in accordance with law and has the function of managing public affairs;

2. It is staffed with personnel who are familiar with relevant laws, administrative regulations and government rules and experienced in the work, and who have obtained qualifications for administrative law enforcement; and

3. It has the means to organize and conduct technical tests or technical appraisals where necessary.

Chapter IV Jurisdiction over and Application of Administrative Penalties

Article 22 Administrative penalties shall be under the jurisdiction of the administrative organs at the places where violations of law occur. Where there are other provisions in laws, administrative regulations or departmental rules, those provisions shall apply.

Article 23 Administrative penalties shall be under the jurisdiction of administrative organs with the power of the administrative penalty under local people's governments at or above the county level. Where there are other provisions in laws or administrative regulations, those provisions shall apply.

Article 24 The governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in light of their actual circumstances, decide to delegate the power of imposing administrative penalties of the departments of county-level people's governments, which is urgently needed for grassroots management, to township people's governments or their sub-district offices that are able to effectively exercise this power, and may organize the assessment of their exercise of this power on a regular basis. The decision shall be made public.

Township people's governments or their sub-district offices that undertake the power of imposing administrative penalties shall enhance their law enforcement capacity, and enforce administrative penalties within the prescribed scope and in accordance with legal procedures.

Local people's governments and their departments shall strengthen organization and coordination, business guidance and law enforcement supervision, establish and improve the coordination and cooperation mechanism for the administrative penalty, and perfect the appraisal and evaluation system.

Article 25 Where two or more administrative organs have jurisdiction over a same case of an administrative penalty, the case shall be under the jurisdiction of the administrative organ that first files it.

Disputes over jurisdiction shall be resolved through negotiation, and if negotiation fails, a request shall be submitted to the common administrative organ at the next higher level for designation of jurisdiction; and the common administrative organ at the next higher level may also directly designate jurisdiction.

Article 26 If necessary, an administrative organ may request assistance from other relevant organs for the enforcement of administrative penalties. A requested organ shall provide the assistance in accordance with law if the assistance matters fall within its functions.

Article 27 Where a violation of law is suspected of constituting a crime, the administrative organ handling it shall transfer the case to a judicial organ in a timely manner for investigation of criminal liability in accordance with law. Where criminal liability does not need to be investigated or it can be exempted in accordance with law, but an administrative penalty shall be imposed, the judicial organ shall transfer the case to the relevant administrative organ in a timely manner.

Organs enforcing administrative penalties and judicial organs shall strengthen the coordination and cooperation between them, establish and improve the case transfer system, strengthen the linkage in the transfer and reception of evidential materials, and improve the case-handling information notification mechanism.

Article 28 When enforcing an administrative penalty, an administrative organ shall order the party concerned to rectify the violation of law or to do so within a prescribed time limit.

The illegal gains obtained by a party, other than those that should be returned or used for compensation in accordance with law, shall be confiscated. "Illegal gains" refers to the gains obtained from a violation of law. Where there are other provisions in laws, administrative regulations or ministerial rules concerning the calculation of illegal gains, those provisions shall apply.

Article 29 The administrative fine shall not be imposed more than once for the same violation of law by a party. Where an illegal act violates several legal provisions, with each of them imposing a fine on such act, the provision that imposes the heaviest fine shall apply.