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

 2018-03-09  1253


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

  Order of the President of the People's Republic of China [1996] No. 63

  March 17, 1996

  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 Summary Procedure
  Section 2 Ordinary Procedure
  Section 3 Procedure of Hearings
  Chapter VI Enforcement of Administrative Penalties
  Chapter VII Legal Responsibilities
  Chapter VIII Supplementary Provisions

  Chapter I General Provisions

  Article 1 Pursuant to the Constitution, this Law is enacted for the purpose 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 The creation and imposition of administrative penalties shall be governed by this Law.

  Article 3 Where an administrative penalty needs to be imposed on a citizen, legal person or other organization in relation to a violation of an administrative regulation, it shall be prescribed by the laws, rules or regulations pursuant to this Law, and imposed by administrative organs in compliance with the procedure prescribed by this Law.
  Administrative penalties that are not imposed in accordance with the law or in compliance with legal procedures shall be invalid.

  Article 4 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 legal violation and damage done to society.
  Regulations on administrative penalties to be imposed for violations of the law must be published; those which are not published shall not be effective as the basis for an administrative penalty.

  Article 5 In imposing administrative penalties, penalties shall also be educational in nature, so that citizens, legal persons and other organizations can become aware of and understand the importance of observing the law.


  Article 6 Citizens, legal persons and 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 and other organizations that have suffered damage caused by an administrative penalty imposed by an administrative organ in violation of the law shall have the right to demand compensation in accordance with law.

  Article 7 Citizens, legal persons and other organizations that are subject to administrative penalties because of a legal violation 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 responsibility 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 8 Types of administrative penalties shall include:
  1. disciplinary warnings;
  2. fines;
  3. the confiscation of unlawfully obtained financial gains or the confiscation of unlawfully obtained property or objects of value;
  4. orders for the suspension of production or business;
  5. the temporary suspension or rescission of a permit or the temporary suspension
  or rescission of a license;
  6. administrative detention; and
  7. other penalties as prescribed by law and administrative rules and regulations.


  Article 9 Different types of administrative penalties may be created by law.
  Administrative penalties involving restrictions on the freedom of person shall only be created through laws.

  Article 10 Administrative penalties, with the exception of those restricting the freedom of the person, may be created through administrative rules and regulations.
  Where it is necessary to formulate specific provisions, in administrative rules and regulations, regarding the violation of laws for which administrative penalties have been formulated, they must be formulated within the limits of the acts dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by law.


  Article 11 Administrative penalties, with the exception of restrictions on the freedom of the person and the rescission of business licenses of enterprises, may be created by local regulations.
  Where it is necessary for local regulations to formulate specific provisions regarding violations of law for which administrative penalties have been formulated in laws and administrative rules and regulations, they must be formulated within the limits of the applicable laws dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by laws and administrative rules and regulations.


  Article 12 The ministries and commissions under the State Council may, in the rules they enact, formulate specific provisions that are within the limits of the applicable laws dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by laws and administrative rules and regulations.
  With regard to violations of administrative orders to which there are no governing laws or administrative rules and regulations, the ministries and commissions under the State Council may create administrative penalties that serve as disciplinary warnings, or institute fines, as stipulated in the preceding paragraph. The specific amounts that can be fined shall be set out by the State Council.
  The State Council may authorize the departments directly under it that have the power to administer administrative penalties to formulate provisions regarding administrative penalties in accordance with the first and second paragraphs of this Article.

  Article 13 The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, cities where the governments of provinces and autonomous regions are located, and the large cities approved by the State Council may, within the limits of the applicable laws dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by laws and administrative rules and regulations, formulate specific provisions and rules regarding administrative penalties.
  With regard to violations of an administration order, which is not proscribed by written laws or regulations, people's governments may create administrative penalties that serve as disciplinary warnings or administer fines, as stipulated in the preceding paragraph. The specific amounts that can be fined shall be laid set out by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government.


  Article 14 No administrative penalties shall be created in any other regulatory document with the exception of the ones stipulated in Articles 9, 10, 11, 12 and 13 of this statute.

  Chapter III Organs Imposing Administrative Penalties

  Article 15 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 16 The State Council or the people's government of a province, autonomous region or municipality directly under the Central Government that is empowered by the State Council may decide to have an administrative organ exercise another administrative organs' power to impose administrative penalties. However, the power to impose administrative penalties involving restrictions on the freedom of the person shall only be exercised by public security organs.

  Article 17 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 law.

  Article 18 In accordance with the provisions relevant laws, regulations or rules, an administrative organ may, within the scope of its powers as prescribed by law, entrust an organization that meets the conditions stipulated in Article 19 of this 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.
  An administrative organ entrusting its power to another organization shall be responsible for supervising the imposition of administrative penalties by the entrusted organization, and shall bear legal responsibility for the consequences of the imposition.
  The entrusted organization shall, within the scope of the authorization, impose administrative penalties in the name of the entrusting administrative organ, and may not entrust the powers to impose administrative penalties entrusted to it to any other organization or individual.


  Article 19 The organization to be entrusted shall meet the following conditions:
  1. it will be an institution in charge of public affairs, and established in accordance with the law;
  2. it will be staffed with personnel who are familiar with the relevant laws, regulations and rules and who are experienced in relevant work; and
  3. it will have the ability to organize and conduct the technical tests or technical appraisals that are needed for testing or appraising
  unlawful acts.


  Chapter IV Jurisdiction and Application of Administrative Penalties

  Article 20 Administrative penalties shall come under the jurisdiction of an administrative organ having the power to administer penalties by a local people's government at or above the county level, in the place where the unlawful act was committed, except as otherwise prescribed by any laws or administrative rules and regulations.

  Article 21 If a dispute arises over jurisdiction between two or more administrative organs, the matter shall be reported to the higher-ranking supervising administrative organ who will designate the jurisdiction.

  Article 22 If an unlawful act constitutes a crime, the administrative organ must transfer the case to a judicial organ for investigation of criminal responsibility according to the law.

  Article 23 When enforcing an administrative penalty, the administrative organ shall order the party to remedy his or her unlawful act or to do so within a specified time limit.


  Article 24 Parties who commit the same unlawful act more than once, shall only receive a fine as an administrative penalty more than once.

  Article 25 If a person under the age of 14 commits an unlawful act, no administrative penalty shall be imposed on him, but his guardian shall be ordered to discipline and educate him; 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.


  Article 26 If an individual with a mental illness 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. Administrative penalties shall be imposed on a person whose mental illness is of an intermittent nature and who commits an unlawful act when he or she is able to appreciate the nature of consequences of their act.


  Article 27 A party shall be given a lighter or mitigated administrative penalty, in accordance with law, if:
  1. he or she has taken the initiative to eliminate or lessen the harmful
  consequences brought about by his or her unlawful act;
  2. he or she was coerced by another to commit the unlawful act;
  3. he or she has performed meritorious deeds while working in coordination with
  administrative organs to investigate violations of the law; or
  4. there are other circumstances that give rise to a lighter or mitigated administrative penalty in accordance with the law.
  Where a person commits a minor unlawful act, and promptly remedies their actions and the act has not caused harmful consequences, no administrative penalty shall be imposed.


  Article 28 If an unlawful act constitutes a crime, for which a People's Court sentences him to criminal detention or fixed-term imprisonment, and if an administrative organ has already imposed administrative detention on the party, the length of the detention shall be the same as the term of imprisonment in accordance with law.
  If an unlawful act constitutes a crime, for which a People's Court imposes a fine on the party, and if an administrative organ has already done so, the amount of the fine imposed by the latter shall be the same as that by the former.

  Article 29 Where an unlawful act is not discovered within two years of its commission, an administrative penalty will not be imposed, except as otherwise prescribed by law.
  The period of time prescribed in the preceding paragraph shall be counted from the date the unlawful act is committed; if the act is of ongoing or continuous, the date shall be counted from the date on which the act ends.


  Chapter V Decisions on Administrative Penalty

  Article 30 Where citizens, legal persons or other organizations violate administrative orders, and are liable to administrative penalties according to law, administrative organs must determine the facts surrounding the violation; if the facts surrounding the violation are not clear, no administrative penalty shall be imposed.

  Article 31 Before deciding to impose administrative penalties, administrative organs shall notify the parties of the facts, grounds and basis upon which the decision is decision is based and shall notify the parties of their rights enjoyed under the law.


  Article 32 A party shall have the right to state it's case and to defend itself. Administrative organs shall give due consideration to the opinions of the parties, and shall reexamine the facts, claims and evidence put forward by the parties; if the facts, claims and evidence put forward by the parties have been proven, the administrative organs shall accept them as true.
  Administrative organs shall not impose heavier penalties on a party because it has tried to defend itself.

  Section 1 Summary Procedure

  Article 33 If the facts surrounding a violation of law have been proven and there is a legal basis for a finding of guilt, and if the citizen involved is not to be fined more than 50 RMB or the legal person, or another organization involved is not to be fined more than 1,000 RMB, or a disciplinary warning is to be given, such administrative penalties may be decided immediately. The party shall abide by the decision regarding the administrative penalty in accordance with the provisions of Articles 46, 47 and 48 of this Law.


  Article 34 If a law-enforcement officer decides to impose administrative penalties on the spot, he shall show the party his law enforcement identification papers and fill out an administrative penalty decision form. The administrative penalty decision form shall be immediately given to the party.
  The administrative penalty decision form shall clearly state the unlawful act committed by the party, the basis for the administrative penalty, the amount of the fine, the time and place of the unlawful act, and the title of the administrative organ imposing the penalty. Such forms shall also be signed or sealed by the law-enforcement officer.
  Law-enforcement officers must submit their decisions on administrative penalties made on the spot to the administrative organs to which they are a part to be recorded.

  Article 35 If a party refuses to accept the decision regarding an administrative penalty made on the spot, he may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.

  Section 2 Ordinary Procedure

  Article 36 With the exception of administrative penalties which may be imposed on the spot as provided by Article 33 of this Law, administrative organs, when discovering that citizens, legal persons or other organizations have committed acts for which administrative penalties should be imposed according to the law, shall conduct a comprehensive, objective and fair investigation and collect relevant evidence; when necessary, they may conduct inspections in accordance with laws and regulations.

  Article 37 When administrative organs conduct investigations or inspections, there shall not be less than two law-enforcement officers, who shall show their identification papers to the party or other persons concerned. The party and any other persons concerned shall truthfully answer questions and assist in the investigation or inspection; they may not obstruct such investigations or inspections. Written record shall be made to document the inquiry or inspection.
  When collecting evidence, administrative organs may obtain evidence through sampling; under circumstances where there is a likelihood that the evidence may be destroyed or lost, or difficult to obtain at a later date, administrative organs may, with the approval of the leading officer, first register the evidence for preservation and make a prompt decision regarding its disposition within seven days. During this period of time, the party and any other persons concerned may not destroy or transfer the evidence.
  If a law-enforcement officer has a conflict of interest in the investigation,, he or she shall withdraw him or herself from the case.


  Article 38 After an investigation has been concluded, leading officers of an administrative organ shall examine the results of the investigation and make one of the following decisions depending on the circumstances:
  1. to impose an administrative penalty where an unlawful act has genuinly been committed, and for which an administrative penalty should be imposed, in light of the gravity and specific circumstances of the case;
  2. to not impose an administrative penalty where an unlawful act is minor and which, according to the law, may be exempt from an administrative penalty;
  3. to not impose an administrative penalty where the facts regarding an unlawful act have not been proven; or
  4. to transfer the case to a judicial organ where an unlaful act constitutes a crime.
  Before imposing a heavier administrative penalty for an unlawful act which is of a complicated or grave nature, the leading officers of an administrative organ shall make a collective decision after reviewing the matter.


  Article 39 To impose administrative penalties according to the provisions of Article 38 of this Law, an administrative organ shall fill out administrative penalty decision form. The following particulars shall be clearly recorded in the administrative penalty decision: form.
  1. the name, or title, and address of the party;
  2. the facts and evidence surrounding the violation of any laws, regulations or rules;
  3. the type of and basis for an administrative penalty;
  4. the manner of and time limit for enforcement of an administrative penalty;
  5. the procedure and time limit for applying for administrative
  reconsideration or for bringing an administrative lawsuit if the party refuses to accept the decision regarding the imposition of an administrative penalty; and
  6. the title of the administrative organ that makes the decision regarding the imposition of an administrative penalty and the date on which the decision is made.
  The seal of the administrative organ that makes the decision on the administrative penalty must be affixed to the administrative penalty decision form.


  Article 40 The administrative penalty decision form shall be given to the party on the spot after announcement of the decision; if the party is not present, the administrative organ shall, within seven days, serve the party with the administrative penalty decision form in accordance with the relevant provisions of the Civil Procedure Law.


  Article 41 If, before making a decision regarding the imposition of an administrative penalty, an administrative organ or its law-enforcement officer, fails to notify, as stipulated in Articles 31 and 32 of this Law, the party of the facts surrounding the violation, the claims and the basis upon which the administrative penalty is imposed, or refuses to heed the party's statement and the party refuses to defend itself, the decision regarding the imposition of an administrative penalty shall be invalid, unless the party waives the right to make a statement or to defend itself.

  Section 3 Procedure of Hearings

  Article 42 An administrative organ, before making a decision regarding the imposition of an administrative penalty that involves the order of the suspension of production or of business, the rescission of a business permit or a license or the imposition of a relatively heavy fine, shall notify the party that he has the right to request a hearing; if the party requests a hearing, the administrative organ shall arrange for the hearing. The party shall not bear the expenses of the hearing arranged by the administrative organ. The hearing shall be arranged according to the following procedure:
  1. the party shall request a hearing within three days after
  being notified by the administrative organ;
  2. the administrative organ shall, seven days before the hearing is held, notify the party of the time and place of the hearing;
  3. the hearing shall be held openly, except where State secrets, business secrets or private affairs are involved;
  4. the hearing shall be presided over by a person other than the investigator of the case designated by the administrative organ; if the party believes that the person has a direct interest in the current case, he shall have the right to apply for the person's withdrawal;
  5. the party may participate in the hearing in person, or may entrust one or two persons to act on its behalf;
  6. the investigator shall, when the hearing is conducted, put forward the facts regarding the violations of law committed by the party, the evidence and recommendations for an administrative penalty; the party may defend itself and cross-examine witnesses; and
  7. a written record shall be made of the hearing; the written record shall be shown to the party for review, and when the party acknowledges that the record is free of error, it shall sign or affix its seal to it.
  If the party has an objection to an administrative penalty that involves the restriction of the freedom of the person, the relevant provisions of Regulations on Administrative Penalties for Public Security shall apply.


  Article 43 When a hearing is concluded, the administrative organ shall make a decision in accordance with the provisions of Article 38 of this Law.

  Chapter VI Enforcement of Administrative Penalties

  Article 44 After a decision regarding the imposition of an administrative penalty has been made in accordance with law, the party shall carry it out within the time limit set out in the decision.

  Article 45 If a party refuses to accept the decision regarding the imposition of an administrative penalty and applies for administrative reconsideration or brings an administrative lawsuit, enforcement of the administrative penalty shall not be suspended, except as otherwise prescribed by law.

  Article 46 The administrative organ that makes the decision regarding the imposition of a fine shall not be responsible for collecting the fine.
  Except for circumstances under which fines are collected on the spot, according to the provisions of Articles 47 and 48 of this Law, no administrative organs that makes a decision regarding the imposition of an administrative penalty, or that organ's law enforcement officers, shall collect fines.
  The parties shall, within 15 days from the date they receive the administrative penalty decision forms, pay the fines to a designated bank. The banks shall accept the fines and turn them over to the State Treasury.

  Article 47 If a decision regarding the imposition of an administrative penalty is made on the spot in accordance with the provisions of Article 33 of this Law, law enforcement officers may collect the fine immediately under one of the following circumstances:
  1. he fine imposed is not more than 20 RMB; or
  2. it would be difficult to enforce the decision if the fine is not collected on the spot.

  Article 48 If, after a decision regarding the imposition of a fine is made by an administrative organ or its law enforcement officers, in accordance with the provisions of Article 33 or Article 38 of this Law, it is difficult for a party located in a remote area, or on water or does not have easy access to a designated bank where it can pay the fine,, the administrative organ or its law enforcement officers may, upon a party's request, collect the fine on the spot.

  Article 49 Where fines are collected on the spot by an administrative organ or its law enforcement officers, the parties shall be given receipts for the fines collected, as are issued by finance departments of provinces, autonomous regions or municipalities directly under the Central Government; if such receipts are not given, the parties shall have the right to refuse payment of the fine.

  Article 50 Fines collected by law enforcement officers on the spot shall be turned over to administrative organs within two days from the date of collection; fines collected on the spot at an marine location shall be turned over to administrative organs within two days from the date of returning to land; the administrative organs shall, within two days, deliver the fines to a designated bank.

  Article 51 If the parties fail to enforce the decision regarding the imposition of an administrative penalty within the time limit, the administrative organ that made the decision regarding the imposition of an administrative penalty may adopt the following measures:
  1. to impose an additional fine at the rate of 3% of the amount of the fine per day;
  2. in accordance with law, to sell by auction the sealed up or seized property or objects of value or to transfer frozen assets; and
  3. to apply to a People's Court for compulsory enforcement.


  Article 52 If the parties have genuine financial difficulties and need to postpone payment of the fine or pay them in installments, payment may be temporarily suspended or made in installments after the parties have applied to, and obtained, approval from the administrative organs.

  Article 53 With the exception of confiscated articles or goods that should be destroyed in accordance with law, the unlawful property or objects of value that have been confiscated shall be sold by public auction in accordance with the regulations of the State, or shall be disposed of in accordance with the relevant State regulations.
  Fines, confiscated unlawful gains or money obtained from sale by auction of the confiscated unlawful property or objects of value shall be turned over to the State Treasury, and no administrative organs or individuals may, in any manner, withhold, or share these privately; no finance department shall, give back the unlawful gains that were confiscated, or the money obtained from the sale by auction of the confiscated unlawful property or objects of value to the administrative organ that imposed the fine.

  Article 54 Administrative organs shall establish a thorough supervisory system for the imposition and enforcement of administrative penalties. People's governments at or above the county level shall exercise strict supervision and inspection of the imposition and enforcement of administrative penalties.
  A citizen, a legal person or any organization shall have the right to appeal an administrative penalty imposed by an administrative organ. The administrative organ shall carefully examine the appeal, and where it finds that the administrative penalty is wrong, it shall undertake to correct it.

  Chapter VII Legal Responsibilities

  Article 55 If an administrative organ imposes an administrative penalty in any of the following manners, it shall be ordered by the administrative organ at the higher level or a relevant department to remedy its actions, and administrative sanctions may, in accordance with law, be imposed upon the persons who are directly in charge and any other persons who are directly responsible for the offense:
  1. without a statutory basis for imposing the administrative penalty;
  2. by altering the types and range of available administrative penalties without
  authorization;
  3. in violation of the legal procedures for imposing an administrative penalty; or
  4. in violation of Article 18 of this Law, concerning entrusting an organization with the imposition of administrative penalties.

  Article 56 If administrative organs, when imposing penalties on the parties, do not use the appropriate documents necessary to be completed when imposing fines and confiscating property or objects of value, or complete documents necessary to be completed when imposing fines and confiscating property or objects of value, that are prepared and issued by non-statutory departments, the parties have the right to refuse to accept the penalties, and the right to appeal the decision. The administrative organs at higher levels or the relevant departments shall confiscate and destroy the illegal documents in use, and shall, in accordance with the law, impose administrative sanctions upon the persons who are directly in charge and any other persons who are directly responsible for the offense.

  Article 57 If administrative organs, in violation of Article 46 of this Law, collect fines themselves, if finance departments, in violation of Article 53 of this Law, return to administrative organs fines collected or money obtained from the sale by auction of confiscated unlawful property or objects of value, the administrative organs at higher levels or relevant departments shall order them to remedy their actions and shall, in accordance with the law, impose administrative sanctions upon the persons who are directly in charge and any other person who is directly responsible for the offense.

  Article 58 The fines, confiscated unlawful gains, property or objects of value that are withheld, shared privately or embezzled by administrative organs shall be recovered by finance departments or relevant departments, and the persons who are directly in charge and any other persons who are directly responsible for the offense shall be given administrative sanctions according to the law; if the offense is serious enough to constitute a crime, criminal liability shall be investigated in accordance with the law.
  If law-enforcement officers, taking advantage of their powers and duties, ask for or accept other person's property or objects of value, or take into their own possession fines they have collected and, if the offense constitutes a crime, they shall be investigated for criminal liability in accordance with the law; if the offense is of a non-serious nature and does not constitute a crime, administrative sanctions shall be imposed upon them in accordance with the law.

  Article 59 If administrative organs use or destroy the property or objects of value they have seized, and thus cause losses to the parties, they shall provide compensation to the parties, and administrative sanctions shall be imposed upon the persons who are directly in charge and any other persons who are directly responsible for the offense.

  Article 60 If administrative organs violate the law when conducting inspections or executing an administrative order, and consequently inflict damage on the person or property of citizens, or cause losses to legal persons or other organizations, they shall be responsible for compensating the parties for their losses, and the persons who are directly in charge and any other persons who are directly responsible for the offense shall be subject to administrative sanctions in accordance with the law; if the offence is serious enough to constitute a crime, criminal liability shall be investigated.

  Article 61 If administrative organs, for the purpose of profiting their department, do not transfer cases to judicial organs for investigation of criminal responsibility as they are required to do in accordance with law, and impose administrative penalties in place of criminal sanctions, the administrative organs at higher levels or relevant departments shall order them to remedy their actions; if they refuse to do so, administrative sanctions shall be imposed upon the persons who are directly in charge; persons who, in the course of their duties, commit acts for personal gain, or cover up violations of law, shall be investigated for criminal liability by applying mutatis mutandis Article 188 of the Criminal Law.

  Article 62 If unlawful acts that should be investigated and punished are not investigated and punished due to a dereliction of duty by a law enforcement officer, thus damaging the lawful rights and interests of citizens, legal persons and other organizations, as well as the public interest and the public order, the persons who are directly in charge and any other persons who are directly responsible for the offense shall be subject to administrative sanctions; if the violation is serious enough to constitute a crime, criminal liability shall be investigated.

  Chapter VIII Supplementary Provisions

  Article 63 Specific measures for implementing the provisions of Article 46 of this Law concerning the separation of the organs that make decisions regarding whether to impose fines, from the organs that collect fines, shall be formulated by the State Council.

  Article 64 This Law will come into effect as of October 1, 1996.

  Provisions regarding administrative penalties in the regulations and rules enacted before the promulgation of this Law that do not comply with the provisions of this Law shall be amended in accordance with the provisions of this Law from the date of promulgation of this Law, and such amendments shall be finished before December 31, 1997.