Regulations of Qingdao City on Relatively Centralized Power of Administrative Penalty in Urban Management

· Area of Law： Legislative Affairs

· Level of Authority： Regulations of Districted Cities

· Date issued：07-28-2006

· Effective Date：10-01-2006

· Status： Effective

· Issuing Authority： Shandong Province

Regulations of Qingdao City on Relatively Centralized Power of Administrative Penalty in Urban Management
(Adopted at the 28th Session of the Standing Committee of the 13th Qingdao Municipal People's Congress on June 29, 2006; Approved at the 22nd session of the Standing Committee of the tenth Shandong Provincial People's Congress on July 28, 2006; Promulgated by Announcement of the Standing Committee of Qingdao City People's Congress on July 28, 2006 and shall be effective as of October 1, 2006.)
Chapter I General Guidelines
Article 1 These Regulations are formulated pursuant to the “Law of the People's Republic of China on Administrative Penalty” and other relevant provisions of the State and Shandong Province, in the light of the actual circumstances of this city, to enhance the efficiency and level of urban management law enforcement and to protect the legitimate rights and interests of the citizens, legal persons and other organizations.
Article 2 These Regulations apply to the implementation, within the jurisdiction of this city, of a system of relatively centralized power of administrative penalty in urban management.
The system of relatively centralized power of administrative penalty under these Regulations refers to the system under which the city inspection authority exercises part or all of the penalty power of the relevant administrative departments in a more or less centralized manner, in accordance with the provisions of the “Law of the People's Republic of China on Administrative Penalty” and relevant decisions of the State Council.
Article 3 The city inspection authority of this City and its various districts (county-level cities) shall be the relevant departments under the people's governments of the same level which exercise relatively centralized power of administrative penalty in urban management. Within their respective scopes of power, these authorities shall stop, investigate and penalize acts which violate the provisions of relevant laws, regulations and rules of urban management and be legally liable as independent entities. Other relevant administrative departments, such as the departments in charge of planning, public works and utilities, construction, state- owned land resources, real estate, city landscaping, environmental protection, administration of industry and commerce and public security, shall render assistance to the city inspection authority in exercising the relatively centralized power of administrative penalty.
Article 4 In imposing administrative penalties, the city inspection authority shall adhere to the principles of legitimacy, fairness, and openness and the principle of combining penalty with education, enforce the law in a stringent and civilized manner, and voluntarily subject itself to the scrutiny of the public.
Chapter II Scope of Responsibility and Power
Article 5 The city inspection authorities of this City and its various districts shall have the following centralized powers and responsibilities:
(1) investigate and penalize acts that violate provisions regarding the management of urban environment and public sanitation in accordance with the laws, regulations and rules thereof;
(2) investigate and penalize acts that violate administrative provisions regarding urban planning in accordance with the laws, regulations and rules thereof;
(3) investigate and penalize acts that violate provisions regarding the city's management of heat supply, water supply/conservation, and gas supply in accordance with the city's laws, regulations and rules thereof;
(4) investigate and penalize acts that violate provisions regarding the city's management of public roads and water drainage in accordance with the city's laws, regulations and rules thereof;
(5) investigate and penalize acts that violate provisions regarding property management in accordance with the city's property management laws, regulations and rules;
(6) investigate and penalize acts that constitute encroaching or unauthorized use of woodland in scenic spots or courtyard or open greens, or acts that damage trees and flowers or landscaping facilities, in accordance with the city's laws, regulations and rules regarding city landscaping management;
(7) investigate and penalize acts such as operating barbecue businesses in the open, burning things on roads and in plazas and other public places, and creating noise pollution by using audio equipment outdoors, in accordance with the laws, regulations and rules regarding environment protection;
(8) investigate and penalize unlicensed vendors for their unlawful business operations on city roads, plazas and in other public places, in accordance with the laws, regulations and rules regarding administration of industry and commerce;
(9) investigate and penalize acts of unpermitted parking of motor vehicles on pedestrian walks in accordance with the laws, regulations and rules regarding public security and traffic control; and
(10) other relatively centralized powers of administrative penalty to be exercised by the city inspection authorities.
Article 6 The city inspection authorities of the various county-level cities shall exercise relatively centralized penalty powers in connection with laws, regulations and rules regarding urban environment and public sanitation, city planning and landscaping, public works management, environmental protection, administration of industry and commerce, and public security and traffic control.
Article 7 Exercise of relatively centralized penalty powers by the city inspection authorities at the city or district (county-level city) level shall be subject to approval by the State Council or the provincial government and shall be made known to the public by the city government.
Exercise of the relatively centralized administrative penalty powers by the city inspection authorities shall be subject to adjustments, if any, made thereto by the State and Shandong province.
Article 8 After the powers of urban management law enforcement have been exercised by city inspection authorities in a relatively centralized way, the original administrative departments shall have no such powers and, if they continue to exercise such powers, their penalty decisions shall be null and void.
Where any unit or individual reports to the original administrative department any violations of laws, regulations or rules regarding urban management, the latter shall file such reports and inform the city inspection authorities of the reported violations.
Article 9 Any dispute over the administrative penalty power between the city inspection authorities and relevant administrative departments shall be submitted to the people's government of this City or the relevant district (or county-level city) for a verdict.
Chapter III Standards of Law Enforcement
Article 10 The city inspection authorities shall set up and perfect a system of routine inspection so that acts violating the laws, regulations and rules of urban management will be stopped, investigated and penalized in a timely manner.
Article 11 The city inspection authorities shall set up and perfect a reporting system. Any unit or individual may report to the city inspection authorities acts violating laws, regulations and rules of urban management. Upon receiving any such reports, the city inspection authorities shall promptly file, verify and deal with them. If the report is about matters that fall outside its jurisdiction, the city inspection authorities shall pass it on to the relevant administrative department to be handled. The city inspection authorities shall keep the identity of the reporter confidential. In cases the identity of the reporter is clearly established, the result of the investigation and handling of the case shall be fed back to the reporter.
Article 12 When performing their official duties, the city inspection officers shall wear uniforms. When investigating and penalizing unlawful acts, at least two city inspection officers shall be present on the spot and administrative law enforcement certificates shall be produced for the party concerned or other parties involved to see. In cases where the decision of administrative penalty is made on the spot, a prepared and numbered form of administrative penalty shall be properly filled out.
Article 13 In investigating and penalizing unlawful acts, the city inspection authorities may take any of the following actions in accordance with the provisions of relevant laws, regulations and rules:
(1) conducting an investigation or examination;
(2) read, duplicate, record or take a picture or a sample of relevant evidentiary materials, or file such materials for preservation; and
(3) other actions provided by relevant laws, regulations or rules.
Article 14 In enforcing coercive administrative measures, the city inspection authorities shall apply laws and regulations properly and choose appropriate coercive measures that minimize the damage to the interests of the party concerned.
Article 15 Before handing down a decision of administrative penalty, the city inspection authorities shall duly inform the party concerned on the facts, the reasons and source of law on which such decision is based, and the rights of such party under the law, and listen to the statements and defenses of such party. In cases where the facts, reasons and evidence provided by the party concerned are sound and well established, the city inspection authorities shall accept them and shall not impose additional penalties merely because such party has exercised its right of defense. When the requirements regarding a hearing are met and the relevant party requests a hearing, a hearing shall duly be convened.
Article 16 Apart from fines that may be collected on the spot under the “Law of Administrative Penalty”, the city inspection authorities and their law enforcement officers shall not collect fines on their own.
Within fifteen days upon receiving the decision of administrative penalty, the party concerned shall pay the penalty at the designated bank. If the party concerned defaults on the payment of penalty, the city inspection authorities may impose a 3% fine for each day of delay.
Chapter IV Cooperation in Law Enforcement
Article 17 The city inspection authorities and other relevant administrative departments shall set up and perfect a system of information sharing regarding administrative penalties and permits, and keep each other current on administrative management.
Article 18 After granting permission for any of the following acts, the relevant administrative department shall, within three days of making the decision, inform the city inspection authority at the same level of such decision and relevant materials, or send them a copy thereof:
(1) placing outdoor advertisements, lamps and door adornments;
(2) building public parking lots, marking out parking spaces and setting up farm produce markets;
(3) making use of public roads for specific purposes, or making excavations in public roads or altering their use;
(4) erecting buildings, structures or other facilities;
(5) making use of the city's greens for specific purposes, or making excavations in them;
(6) engaging in, as business for profit, services of water supply (conservation), water drainage, heat or gas supply, or property management;
(7) sewage water discharge;
(8) disposal of construction wastes; and
(9) other permissions involving relatively centralized power of administrative penalty.
Article 19 Within three days after it makes a decision of administrative penalty on the licensee for the latter's violation of the administrative permission, the city inspection authority shall inform the relevant administrative department of such decision and relevant materials, or send it a copy thereof.
Article 20 If, in the course of its law enforcement activities, the city inspection authority finds any unlawful act which should be investigated and penalized by another administrative department, the matter shall be brought to the attention of, or removed to the relevant administrative department for resolution; if, in the course of its law enforcement activities, an administrative department finds any unlawful act which should be investigated and penalized by the city inspection authorities, the matter shall be brought to the attention of, or removed to the latter for resolution. Within ten days after resolving the matter, the relevant administrative department or the city inspection authority shall send a copy of its resolution to the department which brought the matter to its attention or removed the matter to it for resolution.
Chapter V Supervision on Law Enforcement
Article 21 The people's governments of this City and its various districts (county-level cities) shall strengthen their supervision and inspection of the exercise of the relatively centralized administrative penalty power by the city inspection authorities.
Where the city inspection authority of this City finds that a district (county-level city) fails to investigate and penalize in cases where investigation and penalty is called for, the former shall order the latter to investigate and penalize. If the former finds the latter s investigation and penalty of unlawful acts to be wrong, it shall order the latter to correct or propose that the people's government of the district (county-level city) order the latter to correct.
Article 22 If, in the course of performing its administrative duties, a relevant administrative department finds that the city inspection authority exercises its power in an unlawful manner, it shall have the right to make a written proposal for correction to the city inspection authority, or bring the matter to the attention of the people's government under which it works.
Article 23 Citizens, legal persons or other organizations shall have the right to report and make accusations to the relevant authority, if they find that the city inspection authority (any personnel thereof) exercises its power in an unlawful manner in the course of performing their administrative duties. Upon receiving such repart or accusation, the relevant authority shall investigate and resolve the matter in a timely manner.
Article 24 The city inspection authorities shall set up and perfect a system of internal supervision, implement a system of well-defined duties in enforcing administrative laws as well as a system of performance evaluation, strengthen its supervision and control over its inspectors, and enhance the professional qualifications and law enforcement level of its officers.
Chapter VI Legal Liability
Article 25 For any of the following acts, the responsible city inspectors shall receive a disciplinary sanction according to the seriousness of the offence; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for the criminal liability according to laws:
(1) infringing of the personal right or other lawful rights of the party concerned;
(2) participating in activities arranged by the entity or individual under inspection that obstruct the administration of justice;
(3) failing to address the matter or divulge information on the informer after receiving reports of unlawful acts;
(4) withholding, or dividing up secretly or in disguise fines, unlawful gains or articles of value that have been collected or confiscated;
(5) imposing administrative penalties in violation of laws; and
(6) being derelict of duty and failing to stop or penalize unlawful acts that should be stopped or penalized, thus causing damage to the lawful rights and interests of citizens, legal persons or other organizations, or to public interest or social order.
Article 26 If other administrative departments exercise the administrative penalty power which should be exercised by the city inspection authority in a relatively centralized way, the peoples government under which they work or a relevant department thereof shall order them to correct, and disciplinary sanctions may be duly imposed on the person directly in charge of the department, and the person (s) directly responsible.
Article 27 If the relevant administrative department fails to timely provide information regarding its decision of administrative permission and relevant materials, or fails to send a copy thereof, or if the city inspection authority fails to timely provide information regarding its decision of administrative penalty and relevant materials, or fails to send a copy thereof, the city inspection authority or the relevant administrative department, as the case may be, may propose that an order to correct be given by the people's government under which it works or its superior administrative authority in charge of administrative permissions or administrative penalties.
Article 28 If any citizen, legal person or other organization finds that a specific administrative act on the part of the city inspection authorities infringes on their lawful rights and interests, they may duly apply for administrative reconsideration or institute an administrative legal action.
Article 29 If the city inspection authority exercises its power in an unlawful manner and infringes upon the lawful rights and interests of citizens, legal persons or other organizations, it shall duly compensate the injured party for damage sustained.
Chapter VII Supplementary Provisions
Article 30 These Regulations shall be effective as of October 1, 2006.