Procedures of Shanghai Municipality on Active Information Disclosure of Administrative Penalty Cases

 2018-10-18  1293


(Promulgated by Decree No.36 of Shanghai Municipal People's

Government on November 16, 2015)

 

Article 1 (Purposes and Basis)

With a view to regulating the active information disclosure work for administrative penalty cases, promoting strict, standard, fair and civilized law enforcement, and maintaining market order for fair competition and protecting the legitimate rights and interests of citizens, legal persons and other organizations, these Procedures are formulated in accordance with the Administrative Penalty Law of the People's Republic of China, the Regulations of the People's Republic of China on the Disclosure of Government Information, the Interim Provisions of Information Publicity for Enterprises, and other laws and administrative regulations.

Article 2 (Application Scope)

These Procedures apply to the municipal administrative law enforcement units that voluntarily disclose information for administrative penalty cases.

The term of administrative law enforcement unit refers to the organizations that have administrative penalty functions as well as the organizations authorized by the law and regulations to obtain the administrative penalty functions; information for administrative penalty case refers to the results and items set forth in the penalty decision.

Article 3 (Disclosure Body)

Administrative law enforcement unit takes up responsibility for information disclosure of administrative penalty cases in its own unit in line with whoever conducts penalties will be liable for disclosure.

Administrative organs are obliged to authorize the organization that executes administrative penalties under their authorization to take up the responsibility of information disclosure work, with guidance and supervision.

Article 4 (Guidance and Supervision)

The municipal and district/county competent administrative departments in charge of information disclosure in municipal and county governments shall provide guidance, coordination and supervision on the information disclosure work of administrative penalty cases jointly with the legislative affairs office of the government within its own regions.

The municipal and district/county supervision organs shall conduct supervision and inspection on disclosure work of administrative penalty cases within its region according to law.

The municipal administrative departments shall strengthen guidance and promote the standardized and orderly implementation of active information disclosure of administrative penalty cases in their respective industry and field.

Article 5 (Active Disclosure Principle)

Administrative law enforcement units shall take the initiative to disclose the information of administrative penalty cases, releasing information as a normal, with non-disclosure as an exception, and follow the principle of "accuracy, promptness, convenience and efficiency".

Article 6 (Disclosure Scope)

Decisions of administrative penalties in line with the general procedures shall be disclosed to the public by the administrative law enforcement units.

Article 7 (Disclosure Items)

In process of information disclosure of administrative penalty cases, the summary information as well as the full text of administrative penalty decision, if possible, shall be publicized.

Summary information of administrative penalty decision includes:

1. the number of written penalty decision, name of the case;

2. name of the punished natural person, name of the punished enterprise or other organization, name of the legal representative, and unified social credit code;

3. reasons for penalties;

4. basis of penalties and the results;

5. name of the administrative law enforcement unit and the date of penalty; and

6. other information that has to be disclosed in line with the regulation of the State and this Municipality.

Article 8 (Non-disclosure Circumstances)

The information of administrative penalty cases shall not be disclosed under one of the following circumstances:

1. the punished are minors;

2. state secrets, commercial secrets or individual privacy are involved;

3. disclosure may endanger national security, public safety, economic security and social stability; and

4. information of the other administrative penalty cases that is specified by the State not to be disclosed.

The information of administrative penalty cases involving commercial secrets, individual privacy shall be disclosed with the consent of the rights-holder or be voluntarily disclosed when the administrative organ considers that non-disclosure might have a significant impact on the public interests.

Article 9 (Information to Be Concealed)

The following information shall be concealed when voluntarily disclosing the information of administrative penalty cases:

1. portrait of a natural person, home address, ID number, way of communication, bank accounts, property status and other personal information;

2. names of other natural persons except the punished persons, punished enterprises and legal representatives of other organizations;

3. bank accounts of legal persons or other organizations; and

4. other information that the administrative department above municipal level takes for concealment.

Article 10 (Timing and Ways of Information Disclosure)

The administrative law enforcement units shall disclose the information in its own workplace or on the portal sites of the industry within 7 working days after imposing the administrative penalty decision; if the case is complicated, the disclosure can be extended for another 7 working days upon approval of the person in charge of the unit.

The voluntary disclosure measures for administrative penalty cases shall be followed in line with the regulations in the previous articles, unless otherwise specified by the State and this Municipality.

Article 11 (Update of Information Disclosure)

When administrative penalty decision is changed or revoked according to the law, the administrative law enforcement units shall, within five working days of such relevant circumstances, update the information of administrative penalty cases voluntarily.

Article 12 (Correction of Information Disclosed)

In case of discovery of information inaccuracy of the administrative penalty cases voluntarily disclosed, the administrative law enforcement unit shall promptly have it corrected.

Citizens, legal persons or other organizations that have evidence of inaccurate information voluntarily disclosed in administrative penalty cases may require administrative law enforcement unit to have it corrected in writing. Administrative law enforcement unit shall, within five working days after reception of the written request for correction, make verification and processing.

Article 13 (Timing of Information Disclosure)

Information of administrative penalty cases that has been disclosed for five years is no longer voluntarily publicized. In case that the punished party is a natural person, the information is no longer publicized if it is disclosed for 2 years. ,

Administrative law enforcement unit shall remove from the public platform the information for administrative penalty cases that is no longer needed to be publicized. In case citizens, legal persons or other organizations need to make inquiry, an application shall be submitted to the government for information disclosure.

Article 14 (Internal Management of Law Enforcement Unit)

Administrative law enforcement units shall strengthen training for law enforcement persons and other related personnel in active information disclosure, improve internal audit mechanism and perfect the relevant workflow.

Article 15 (Applicable Special Provisions)

The information of administrative penalty cases shall be actively disclosed unless otherwise provided by laws and regulations.

These Procedures do not apply to the administration penalty cases in terms of active information disclosure, prior to their execution.

Article 16 (Effective Date)

These Procedures shall be effective as of January 1, 2016.