Administrative Coercion Law of the People's Republic of China

Order of the President of the People's Republic of China No.49

June 30, 2011

The Administrative Coercion Law of the People's Republic of China, adopted on June 30, 2011 at the 21st session of the Standing Committee of the 11th National People's Congress of the People's Republic of China, is hereby promulgated for implementation as from January 1, 2012.

Hu Jintao, President of the People's Republic of China

Administrative Coercion Law of the People's Republic of China

(Adopted on June 30, 2011 at the 21st session of the Standing Committee of the 11th National People's Congress of the People's Republic of China)

Contents
Chapter I General Provisions
Chapter II Types and Prescription of Administrative Coercive Measures
Chapter III Implementing Procedures of Administrative Coercive Measures
Section 1 General Provisions
Section 2 Seizure and Detainment
Section 3 Freezing
Chapter VI Procedures of Enforcement by Administrative Agencies
Section 1 General Provisions
Section 2 Enforcement of Monetary Payment Obligations
Section 3 Acting Performance
Chapter V Application for Enforcement with Courts
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of China in order to regulate prescription and implementation of administrative coercion, guarantee and supervise over lawful exercise and performance of powers and duties by administrative agencies, maintain public interest and social order, and protect the lawful interests of citizens, bodies corporate and other organizations.

Article 2 For the purposes of this Law, "administrative coercion"covers administrative coercive measures and administrative enforcement.
Administrative coercive measures shall mean that the administrative agencies, during the administration process, temporarily restrict personal freedom of citizens or temporarily take control over properties of citizens, bodies corporate and other organizations, in order to stop illegal behaviors, prevent spoilage of evidences, avoid harms and prevent danger from worsening.
Administrative enforcement shall mean that administrative agencies lawfully coerce, or request the people's courts to coerce, citizens, bodies corporate or other organizations who fail to implement administrative decisions to perform their obligations.

Article 3 The prescription and implementation of administrative coercion shall be governed by this Law.
The emergency measures or temporary measures to be taken by administrative agencies upon occurrence or imminent occurrence of emergencies, such as natural disasters, accidents, public hygiene events or public society events, shall be subject to the relevant provisions of applicable laws and administrative regulations.
The financial prudential regulatory measures and coercive technical controls against inbound and outbound goods to be taken by administrative agencies shall be subject to the relevant provisions of applicable laws and administrative regulations.

Article 4 The prescription and implementation of administrative coercion shall be subject to the authority, scope, conditions and procedures prescribed by law.

Article 5 The prescription and implementation of administrative coercion shall be appropriate. Prescription and implementation of administrative coercion is not allowed in the case where purposes of administration can be achieved with non-coercive measures.

Article 6 Administration coercion shall be educational in nature.

Article 7 Neither the administrative agency nor staff thereof may seek benefits for the agency or for the staff by making advantages of the power of administrative coercion.

Article 8 Citizens, bodies corporate or other organizations against whom the administrative agencies take administrative coercive measures shall have the right to make statement or defence and apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law, and shall have the right to claim damages resulted from illegal implementation of administrative coercion by the administrative agencies.
Citizens, bodies corporate or other organizations shall have the right to claim damages resulted from illegal behaviors of courts in enforcement or from expansion of enforcement scope by courts.

Chapter II Types and Prescription of Administrative Coercive Measures

Article 9 Administrative coercive measures include the following types:
1. Restrictions on personal freedom of citizens;
2. Seizure of premises, facilities or other properties;
3. Detainment of properties;
4. Freezing deposits or remittances; and
5. Any other administrative coercive measures.

Article 10 Administrative coercive measures shall be prescribed by laws.
Where such laws are not available and provided that the matters are subject to the administration of the State Council, the administrative coercive measures can be prescribed with administrative regulations unless they fall under Item 1 or 4 of Article 9 hereof or shall be prescribed by laws.
Where such laws or administrative regulations are not available and provided that matters are subject to local administration, the administrative coercive measures can be prescribed with local regulations unless they fall under Item 2 or 3 of Article 9 hereof.
No administrative coercive measures may be prescribed with regulatory documents other than laws and regulations.

Article 11 Administrative and local regulations may not expand the objects, conditions or categories of administrative coercive measures prescribed by laws.
Administrative and local regulations may not prescribe any administrative coercive measures that have not been prescribed by laws, provided that administrative coercive measures other than those falling under Item 1 or 4 of Article 9 hereof or are required to be prescribed by laws can be prescribed with administrative regulations if they are related to certain matters which are explicitly permitted by laws to be regulated by administrative regulations.

Article 12 Administrative coercion can be enforced by:
1. Imposition of additional fine or demurrage;
2. Debiting and transferring deposit or remittance;
3. Auction sale or lawful disposal of premises, facilities or other properties which have been seized or detained;
4. Removal of obstacles or restoration of the status quo ante;
5. Acting performance; or
6. Any other means of enforcement.

Article 13 Enforcement of administrative coercion shall be prescribed by laws.
Where there are no laws available which prescribe enforcement by administrative agencies, the administrative agencies which make the administrative decisions shall apply to the courts for enforcement.


Article 14 When drafting laws or regulations in which administrative coercive measures are intended to be prescribed, the entities responsible for drafting shall solicit opinions through hearings or feasibility study seminars and explain to the promulgators about the necessity and possible impact of the administrative coercive measures as well as the opinions that have been fed back and adopted.

Article 15 The authorities prescribing administrative coercive measures shall assess the administrative coercive measures prescribed thereby on a regular basis, and amend or abolish the improper administrative coercive measures in a timely manner.
The authorities implementing administrative coercive measures may timely assess the implementation of existing administrative coercive measures and necessity of their existence, and report the opinions to the authorities prescribing such administrative coercive measures.
Citizens, bodies corporate and other organizations may propose opinions and recommendations regarding prescription and implementation of administrative coercive measures to the authorities which prescribe and implement such measures. The relevant authorities shall study and discuss such opinions and recommendations carefully and give their feedbacks through appropriate means.

Chapter III Implementing Procedures of Administrative Coercive Measures

Section 1 General Provisions

Article 16 In performing their administrative duties, administrative agencies shall implement administrative coercive measures in accordance with laws and regulations.
Violations that are obviously not serious or obviously do not do harm to the society can be exempt from administrative coercive measures.

Article 17 Administrative coercive measures shall be implemented by administrative agencies stipulated by laws and regulations within their statutory scope of powers and may not be delegated in any event whatsoever.
Administrative agencies which exercise relatively concentrated administrative penalty powers in accordance with the Law of the People's Republic of China on Administrative Penalties may implement administrative coercive measures related to administrative penalty powers that are stipulated by laws or regulations.
Administrative coercive measures shall be implemented by no one but duly qualified administrative enforcement officers of administrative agencies.


Article 18 In implementing administrative coercive measures, an administrative agency shall:
1. Report to and seek approval from the head of the administrative agency prior to the implementation;
2. Have the measures implemented by two or more administrative enforcement officers;
3. Present the law enforcement identity certifications;
4. Notify the party concerned to be present;
5. Inform the party concerned on the spot of the reasons and basis for taking the administrative coercive measures and the rights and the remedies that the party concerned is entitled to under laws;
6. Listen to the statements and defence of the party concerned;
7. Produce on-site notes;
8. Have the on-site notes signed or stamped by the party concerned and administrative enforcement officers, and where the party concerned refuses to sign, indicate the notes as such;
9. Invite witnesses to be present and have the on-site notes signed or stamped by the witnesses and administrative enforcement officers if the party concerned fails to appear; and
10. Complete other procedures stipulated by laws and regulations.

Article 19 Where administrative coercive measures need to be taken immediately due to emergent situation, the administrative enforcement officers shall report to the head of the administrative agency and complete relevant approval formalities within 24 hours. The administrative coercive measures shall be immediately discharged if the head of the administrative agency deems that they should not be taken.

Article 20 When taking administrative coercive measures defined by laws to restrict personal freedom of citizens, in addition to performing the procedures stipulated in Article 18 hereof, the administrative agency shall also:
1. Inform, on the spot or immediately after the administrative coercive measures are taken, the families of the party concerned about the administrative agency which takes the administrative coercive measures as well as the location and duration that such measures are implemented;
2. Immediately report to the head of the administrative agency and complete relevant approval formalities after returning to the administrative agency in the event where administrative coercive measures are taken immediately in emergent situations; and
3. Complete other procedures stipulated by laws.
Administrative coercive measures for restricting personal freedom must not be implemented for a duration exceeding the statutory term. The administrative coercive measures shall be discharged immediately when the objectives or the conditions for implementing such measures have been achieved or disappeared.

Article 21 Where the case of violation shall be referred to a judicial body due to suspected criminal offence, the administrative agency shall also transfer the properties which have been seized, detained or frozen and shall inform the party concerned in writing.

Section 2 Seizure and Detainment

Article 22 Seizure and detainment shall be implemented only by administrative agencies stipulated by laws and regulations but not any other administrative agencies or organizations.

Article 23 Seizure and detainment can be implemented only on premises, facilities or other properties involved in the cases but not on any premises, facilities or other properties that are irrelevant with the violations. Daily necessities of the citizens and dependents thereof may not be seized or detained.
The premises, facilities or other properties of the party concerned which have been seized by another state organ in accordance with the law may not be seized again.

Article 24 Where the administrative agency decides on seizure or detainment, it shall perform the procedures stipulated in Article 18 hereof, produce the decision of seizure or detainment and the list of properties concerned and deliver them on the spot.
The decision of seizure or detainment shall indicate:
1. Name and address of the party concerned;
2. The reasons, basis and duration of the seizure or detainment;
3. The name and quantity of premises, facilities or other properties which have been seized or detained;
4. The procedure and time limit for applying for administrative reconsideration or for bringing an administrative lawsuit; and
5. Name and stamp of the administrative agency and the date.
The list of seized or detained properties shall be made in duplicate, and the party concerned and the administrative agency shall each keep once copy.

Article 25 Seizure and detainment shall not be implemented for a duration exceeding 30 days. The duration can be extended for a period not exceeding 30 days with approval of the head of the administrative agency under complicated situations, unless otherwise stipulated by laws or administrative regulations.
The decision on extending the duration of seizure or detainment shall be notified, along with the reasons thereof, to the party concerned in writing in a timely manner.
Where testing, inspection, quarantine inspection or technical authentification needs to be performed on the properties, the time spent on testing; inspection, quarantine inspection or technical authentification shall not be counted towards the duration of seizure or detainment. The time spent on testing, inspection, quarantine inspection or technical authentification shall be specified and informed to the party concerned in writing. All costs and expenses incurred in connection with testing, inspection, quarantine inspection or technical authentification shall be borne by the administrative agency.

Article 26 The administrative agency shall properly keep the premises, facilities or other properties which have been seized or detained and may not use or destroy them, and shall be liable for compensation if it causes any damage to such properties.
The administrative agency may entrust a third party to keep the premises, facilities or other properties which have been detained, and the third party may not destroy or move or otherwise dispose of such properties without authorization. In the event of damage caused by any reasons on the part of the third party, the administrative agency after compensation shall have the right of recourse against the third party.
The costs and expenses arising from keeping the seized or detained properties shall be borne by the administrative agency.

Article 27 After implementing seizure or detainment, the administrative agency shall identify the facts in a timely manner and make the decision on disposal within the time limited prescribed in Article 25 hereof. If the facts of the violation are clear, (A) the illegal properties shall be confiscated if so required by laws, (B) the illegal properties shall be destroyed if so required by applicable laws or administrative regulations, or (C) a decision on discharging the seizure or detainment measure shall be made if seizure or detainment shall be discharged.

Article 28 The administrative agency shall make a decision on discharging the seizure or detainment measure in a timely manner if:
1. The party concerned has not committed any violation;
2. The premises, facilities or other properties which have been seized or detained are irrelevant with the violation;
3. Seizure or detainment is no longer necessary since the administrative agency has made the decision of disposal against the violation;
4. The duration of seizure or detainment has expired; or
5. Any other circumstance under which seizure or detainment measure becomes unnecessary arises.
The properties shall be returned to the party concerned immediately upon discharge of seizure or detainment. Where the fresh and living goods or other properties difficult to be kept are auctioned or sold off, the proceeds from auction or sale shall be refunded. Where the party concerned sustains any loss due to sale at a price that is obviously lower than the market price, compensation shall be given.


Section 3 Freezing

Article 29 Freezing of deposits and remittances shall be implemented only by the administrative agencies stipulated by laws but not any other administrative agencies or organizations and shall not be delegated to any other administrative agencies or organizations.
The amount of deposit or remittance that is frozen shall be equivalent to the amount involved in the violation. Where the deposit or remittance has been frozen by anther state organ, freezing measure shall not be taken again.

Article 30 Where the administrative agency decides to freeze any deposit or remittance in accordance with relevant legal provisions, it shall perform the procedures stipulated in Items 1 to 3 and Item 7 of Article 18 hereof and deliver the freezing notice to the relevant financial institution.
Upon receipt of the freezing notice from the administrative agency, the financial institution shall freeze the deposit or remittance immediately without delay and may not make disclosure to the party concerned before the freezing measure is taken.
Where any administrative agency or organization other than those stipulated by laws requests to freeze the deposit or remittance of the party concerned, the financial institution shall refuse such request.

Article 31 Where any deposit or remittance is to be frozen in accordance with relevant legal provisions, the decision-making administrative agency shall deliver the freezing decision to the party concerned within three days. The freezing notice shall indicate:
1. Name and address of the party concerned;
2. The reasons and basis for taking the freezing measure and duration of such measure;
3. The number of account and amount subject to freezing measure;
4. The procedure and time limit for applying for administrative reconsideration or for bringing an administrative lawsuit; and
5. Name and stamp of the administrative agency and the date.

Article 32 The administrative agency shall make a decision on disposal or on unfreezing within 30 days after the deposit or remittance is frozen. The duration can be extended for a period not exceeding 30 days with approval of the head of the administrative agency under complicated situations, unless otherwise stipulated by laws.
The decision on extending the duration of freezing measure shall be notified, along with the reasons thereof, to the party concerned in writing in a timely manner.

Article 33 The administrative agency shall make a decision on unfreezing in a timely manner if:
1. The party concerned has not committed any violation;
2. The frozen deposit or remittance is irrelevant with the violation;
3. The freezing measure is no longer necessary since the administrative agency has made the decision of disposal against the violation;
4. The duration of freezing has expired; or
5. Any other circumstance under which freezing measure becomes unnecessary arises.
Where a decision on unfreezing is made, the administrative agency shall notify the financial institution and the party concerned in a timely manner. Upon receipt of the notice, the financial institution shall immediately discharge the freezing measure.
Where the administrative agency fails to make a decision on disposal or on unfreezing within the prescribed time limit, the financial institution shall discharge the freezing measure as from the date when the freezing duration expires.

Chapter VI Procedures of Enforcement by Administrative Agencies

Section 1 General Provisions

Article 34 Where after an administrative agency makes an administrative decision in accordance with the law, the party concerned fails to perform the obligations within the period decided by such administrative agency, the administrative agency may enforce the obligations in accordance with the provision of this Chapter VI if it has the power of administrative enforcement.

Article 35 Before making the enforcement decision, the administrative agency shall remind the party concerned to perform its obligations. The reminder shall be made with a written document that shall set forth:
1. The period for performing the obligations;
2. The manners in which the obligations shall be performed;
3. The specific amount to be paid and the payment method in the case where monetary payment is involved; and
4. The rights that the party concerned has to make statement and defence pursuant to the law.

Article 36 The party concerned shall have the right to make statement and defence after receipt of the reminder. The administrative agency shall take opinions of the party concerned fully into consideration, and record and review the facts, reasons and basis proposed by the party concerned. Where the facts, reasons and basis proposed by the party concerned prove to be true, the administrative agency shall adopt them accordingly.

Article 37 Where the party concerned fails to implement the administrative decision within the prescribed period without justifiable reasons despite being reminded, the administrative agency can make the enforcement decision.
The enforcement decision shall be made in writing and indicate:
1. Name and address of the party concerned;
2. The reasons and basis of enforcement;
3. The manner and time of enforcement;
4. The procedure and time limit for applying for administrative reconsideration or for bringing an administrative lawsuit; and
5. Name and stamp of the administrative agency and the date.
Where during the period of reminder, there is any evidence suggesting that the properties may be transferred or hided, the administrative agency can make a decision of immediate enforcement.

Article 38 The reminder and the decision of administrative enforcement shall be served directly to the party concerned, or shall be served in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China if they are refused to be received by or fail to be directly served to the party concerned.

Article 39 Enforcement shall be suspended when:
1. The party concerned has difficulties in implementing or is temporarily unable to implement the administrative decision;
2. A third party claims right to the subject matter of enforcement with justifiable reasons;
3. The enforcement may cause irremediable loss and suspension of enforcement will not be prejudice public interest; or
4. Any other circumstance under which suspension of enforcement is deemed necessary by the administrative agency arises.
After the circumstance necessitating suspension of enforcement disappears, the administrative agency shall resume enforcement. Where enforcement fails to be resumed after three years of suspension due to inability of the party concerned to perform, the administrative agency will no longer pursue enforcement provided that non-enforcement will not cause obvious harm to the society.

Article 40 Enforcement shall be terminated when:
1. The citizen dies without any heritage available for enforcement or any person succeeding to its obligations;
2. The body corporate or organization of any other nature ceases to exist without properties available for enforcement or any person succeeding to its obligations;
3. The subject matter of enforcement is lost;
4. The administrative decision on which enforcement is based is cancelled; or
5. Any other circumstance under which termination of enforcement is deemed necessary by the administrative agency arises.

Article 41 In the event that the administrative decision on which enforcement is based is cancelled or changed in the course of or after enforcement or any mistake involves in the enforcement, the status quo ante shall be restored or the properties shall be returned, or in the case where it is unable to do so, compensation shall be given in accordance with the law.

Article 42 In enforcing administrative coercive measures, the administrative agency can reach an enforcement agreement with the party concerned provided that the public interest and lawful interests of third parties are not prejudiced. The enforcement agreement can be performed by stages as agreed; where the party concerned takes remedial measures, the additional fine or demurrage can be exempted.
The enforcement agreement shall be performed. Where the party concerned fails to perform the enforcement agreement, the administrative agency shall resume mandatory enforcement.

Article 43 Administrative agencies may not enforce administrative coercive measures at night or during statutory holidays except in emergent situations.
Administrative agencies may not force the parties concerned to implement the relevant administrative decisions by suspending supply of water, power, heat or gas required for daily living of residents.

Article 44 With respect to any unlawful buildings, structures, facilities and etc that need to be removed mandatorily, the administrative agency shall publish an announcement demanding removal by the party concerned within a prescribed period. Where the party concerned fails to apply for administrative reconsideration or bring an administrative lawsuit and fails to make removal within the statutory time limit, the administrative agency can take mandatory removal actions in accordance with the law.

Section 2 Enforcement of Monetary Payment Obligations

Article 45 Where upon expiry of prescribed period, the party concerned fails to implement the administrative decision demanding monetary payment that is made by the administrative agency pursuant to law, the administrative agency may impose additional fine or demurrage in accordance with the law. The party concerned shall be informed of the rates of additional fine or demurrage.
The amount of additional fine or demurrage may not be higher than the amount of monetary payment obligation.

Article 46 Where upon expiration of 30 days after the administrative agency imposes additional fine or demurrage pursuant to Article 45 hereof, the party concerned fails to implement the administrative decision despite being reminded to do so, the administrative agency can proceed with enforcement provided that it has power of administrative enforcement.
Where any seizure, detainment or freezing measure needs to be taken prior to enforcement by the administrative agency, the provisions of Chapter III hereof shall apply.
In the absence of such power of administrative enforcement, the administrative agency shall apply to the court for enforcement, provided, however, that the administrative agency may auction off any properties that have been seized or detained in the course of administration and apply the proceeds from auction sale towards the fine if the party concerned fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and fails to perform its obligations despite being reminded.

Article 47 The decision on debiting and transferring deposit or remittance shall be made by the administrative agency stipulated by laws and notified to the financial institution in writing. Upon decision on debiting and transferring deposit or remittance made by the administrative agency, the financial institutions shall proceed with debiting and transfer immediately.
Where any administrative agency or organization other than those stipulated by laws requests to debit and transfer the deposit or remittance of the party concerned, the financial institution shall refuse such request.

Article 48 Auction sale of properties shall be done in accordance with the Auction Law of the People's Republic of China by the auction agency entrusted by the administrative agency.

Article 49 Deposits and remittances that have been debited and transferred and proceeds from auction sales or lawful disposals shall be turned over to the State Treasury or transferred to the dedicated fiscal account and may not be withheld or shared privately (whether or not in a disguised form) in any way by any administrative agencies or individuals.

Section 3 Acting Performance

Article 50 Where after an administrative agency lawfully makes an administrative decision requiring the party concerned to perform obligation such as removal of obstacles or restoration of the status quo ante, the party concerned fails to perform the obligation within the prescribed period and still fails to do so despite being reminded, the administrative agency may perform the obligation on behalf of the party concerned or entrust a third party without interest to perform the obligation on behalf of the party concerned ("acting performance") provided that such failure of the party concerned has endangered or is likely to endanger traffic security or has caused or is likely to cause environmental pollution or natural resource damage.

Article 51 Acting performance shall abide by the following provisions:
1. Prior to acting performance, the decision on acting performance shall be served, which shall indicate the name and address of the party concerned, the reasons, basis, method, time, subject matter and estimated expenses of acting performance and the person who is to carry out acting performance;
2. The party concerned shall be reminded to perform its obligation three days prior to the acting performance. Where the party concerned performs its obligation, acting performance shall not be commenced;
3. The administrative agency which makes the decision shall have designated staff to supervise over the acting performance on the spot;
4. After completion of acting performance, the staff of the administrative agency who act as supervisors on the spot, the person who carries out acting performance and the party concerned or the witnesses shall sign or stamp the enforcement documents.
The expenses arising from acting performance shall be determined reasonably at cost and borne by the party concerned, unless otherwise stipulated by laws.
Acting performance shall not be carried out with any illegal means, such as violation or threat.

Article 52 Where any spilled object, obstacle or pollutant needs to be removed immediately from any road, river course, passage or public place but the party concerned is unable to carry out the removal, the administrative agency may decide on immediate acting performance. Where the party concerned is not present, the administrative agency shall inform the party concerned after implementing the removal, and shall treat the situation in accordance with the law.

Chapter V Application for Enforcement with Courts

Article 53 Where the party concerned fails to apply for administrative reconsideration or bring an administrative lawsuit and fails to implement the administrative decision within the statutory time limit, the administrative agency, in the absence of power of administrative enforcement, may apply for enforcement with a court of competent jurisdiction pursuant to this Chapter within three months as from the expiration of the time limit.

Article 54 Before applying to a court for enforcement, the administrative agency shall remind the party concerned to perform its obligations. Where the party concerned still fails to perform its obligations within ten days after service of the reminder, the administrative agency may apply for enforcement with a court of competent jurisdiction in the local place, or with a court of competent jurisdiction in the place of the immovables if enforcement is sought against immovables.

Article 55 The administrative agency shall submit the following materials when apply for enforcement with a court:
1. Enforcement application letter;
2. The administrative decision as well as the facts, reasons and basis supporting such decision;
3. Opinions of the party concerned and any reminder that has been sent by the administrative agency;
4. Information about the subject matter against which enforcement is sought; and
5. Any other materials stipulated by laws or administrative regulations.
The enforcement application letter shall be signed by the head of the administrative agency, affixed with the seal of the administrative agency, and properly dated.

Article 56 The court shall accept the enforcement application from the administrative agency within five days after receipt of the same.
Where the administrative agency disagrees with the decision of the court on non-acceptance, it may apply for reconsideration with the court at the next higher level within 15 days, and the court at the next higher level shall decide whether to accept the application of reconsideration within 15 days after receipt of the same.

Article 57 The court shall conduct documentary review on the enforcement application of the administrative agency, and shall make a decision to proceed with enforcement within seven days as from the date of acceptance if the requirements under Article 55 hereof are met and the administrative decision is legally enforceable, unless any circumstance defined by the following Article 58 is involved.

Article 58 Before making the decision, the court may listen to the opinions of the administrative agency and the person against whom enforcement is sought if it finds, obviously, that:
1. There are no facts supporting the enforcement;
2. There are no laws or regulations supporting the enforcement; or
3. The enforcement is illegal and will prejudice the lawful interest of the person against whom enforcement is sought.
The court shall make the decision of whether or not to proceed with enforcement within 30 days after acceptance. If a non-enforcement decision is made, the reasons shall be stated and the decision of non-enforcement shall be served to the administrative agency within five days.
Where the administrative agency disagrees with the non-enforcement decision of the court, it may apply for reconsideration with the court at the next higher level within 15 days after receipt of the decision, and the court at the next higher level shall decide whether or not to proceed with enforcement within 30 days after receipt of the application of reconsideration.

Article 59 The administrative agency may apply for immediate enforcement with the court for the purpose of guaranteeing public security in emergent situations. Subject to approval of the president of the court, the court shall proceed with enforcement within five days as from the date the enforcement decision is made.

Article 60 The administrative agency is not required to pay the application fee when applying for enforcement with the court. All costs and expenses arising from enforcement shall be borne by the person against whom enforcement is sought.
Where the court enforces through debiting and transferring monies or auction sale, it may withhold the costs and expenses of enforcement from the debited and transferred monies or proceeds from auction sale.
Auction sale of properties pursuant to law shall be done in accordance with the Auction Law of the People's Republic of China by the auction agency entrusted by the court.
Deposits and remittances that have been debited and transferred and proceeds from auction sales or lawful disposals shall be turned over to the State Treasury or transferred to the dedicated fiscal account and may not be withheld or shared privately (whether or not in a disguised form) in any way whatsoever.

Chapter VI Legal Liabilities

Article 61 The administrative agency at the next higher level or other relevant authority shall order remediation by the administrative agency and impose penalties on the direct supervisor and other direct responsible persons pursuant to the law if the administrative agency implements administrative coercive measures:
1. Without legal and regulatory basis;
2. In a manner that changes the subject mater, conditions or methods of administrative coercion;
3. Against statutory procedures;
4. At night or during statutory holidays against the provisions of this Law;
5. By forcing the party concerned to implement the relevant administrative decision by suspending supply of water, power, heat or gas required for daily living of residents; or
6. With any other illegal behaviors.

Article 62 The administrative agency at the next higher level or other relevant authority shall order remediation by the administrative agency and impose penalties on the direct supervisor and other direct responsible persons pursuant to the law if the administrative agency, in violation of this Law:
1. Expands the scope subject to seizure, detainment or freezing measure;
2. Uses or destroys any premises, facilities or other properties which have been seized or detained;
3. Fails to make the decision of disposal during the statutory period of seizure or detainment, or fails to discharge the seizure or detainment measure in a timely manner in accordance with the law; or
4. Fails to make the decision of disposal during the statutory period when the deposit or remittance is frozen, or fails to discharge the freezing measure in a timely manner in accordance with the law.

Article 63 Where the administrative agency withholds or privately shares (whether or not in a disguised form) the seized or detained properties or the deposits and remittances that have been debited and transferred or the proceeds from auction sales or lawful disposals, the financial authority or other relevant authority shall recover them from the administrative agency, and impose penalties ranging from special demerit, degradation or removal to dismissal on the direct supervisor and other direct responsible persons pursuant to the law.
Where any employee of the administrative agency, by abusing his position, appropriates any premises, facilities or any other properties that have been seized or detained, the administrative agency at the next higher level or other relevant authority shall order remediation by the employee and impose penalty ranging from special demerit, degradation or removal to dismissal on the employee pursuant to the law.

Article 64 Where the administrative agency and staff thereof seek benefits for the agency or for the staff by making advantages of the power of administrative coercion, the administrative agency at the next higher level or other relevant authority shall order remediation and impose penalties on the direct supervisor and other direct responsible persons pursuant to the law.

Article 65 The financial regulator shall order remediation by the financial institution and impose penalties on the direct supervisor and other direct responsible persons pursuant to the law if the financial institution, in violation of this Law:
1. Makes disclosure to the party concerned before the freezing measure is taken;
2. Fails to freeze or debit and transfer any deposit or remittance which should have been frozen or debited and transferred immediately, resulting in transfer of the deposit or remittance;
4. Freeze or debit and transfer any deposit or remittance which should not have been frozen or debited and transferred; or
5. Fails to unfreeze any deposit or remittance in a timely manner.

Article 66 Where the financial institution, in violation of this Law, transfers the monies into any account other than the State Treasury account or dedicated fiscal account, the financial regulator shall order remediation by the financial institution and impose upon it a fine equal to twice the illegally transferred monies, and shall impose penalties on the direct supervisor and other direct responsible persons pursuant to the law.
Where the administrative agency or the court, in violation of this Law, orders the financial institution to transfer the monies into any account other than the State Treasury account or dedicated fiscal account, the direct supervisor and other direct responsible persons shall be given penalties pursuant to the law.

Article 67 Where the court and staff thereof commit any violation or expand the scope of enforcement in the course of enforcement, the direct supervisor and other direct responsible persons shall be given penalties pursuant to the law.

Article 68 Any loss incurred through violation of this Law to any citizen, body corporate or any other organization shall be compensated pursuant to the law.
Anyone whose violation of this Law constitutes a crime shall be held criminally liable pursuant to the law.

Chapter VII Supplementary Provisions

Article 69 Periods of ten days or less, as referred to in this Law, shall mean workdays excluding statutory holidays.

Article 70 Where organizations with powers of public affairs management conferred by laws and administrative regulations implement administrative coercion in their own name within the scope authorized by laws, the provisions of this Law applicable to administrative agencies shall apply.

Article 71 This Law shall come into effect as from January 1, 2012.