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罚款决定与罚款收缴分离实施办法 MEASURES FOR THE IMPLEMENTATION OF SEPARATION OF PENALTY DECISIONS FROM COLLECTION OF PENALTY PAYMENTS

2006-05-14 17:49   我要纠错 | 打印 | 收藏 | | |

国务院令第235号
(Promulgated by Decree No. 235 of the State Council of the People's Republic of China on November 17, 1997)
颁布日期:19971119  实施日期:19980101  颁布单位:国务院

  Article 1 These Measures are formulated in accordance with the Administrative Penalty Law of the People's Republic of China(hereinafter referred to as the Administrative Penalty Law) for the purpose of effecting separation of penalty decisions from collection of penalty payments, stepping up supervision over penalty collection activities and ensuring timely turning over the penalty payments to the state treasury.

  Article 2 These Measures shall be applicable to the collection, payment and related activities of penalties.

  Article 3 Administrative organs making penalty decisions shall be separated from agencies collecting penalty payments; however, those which may collect on-site penalty payments pursuant to the provisions of the Administrative Penalty Law are excluded.

  Article 4 Penalty payments must be turned over to the state treasury in total. No administrative organ, organization or individual shall intercept and retain, divide among themselves or divide among themselves the payments in disguised form.

  Allocation of funds required for law enforcement by administrative organs shall be made pursuant to relevant state provisions.

  Article 5 Commercial banks and credit unions approved by the People's Bank of China for agency business of collection and payment(hereinafter referred to as the collection agencies) may operate business of collection of penalty payments.

  Specific collection agencies shall be jointly studied and unifiedly determined by the departments of finance at the corresponding levels, local branches or sub-branches of the People's Bank of China and administrative organs with powers of administrative penalty in accordance with law organized by local people's governments at or above the county level. In the case of such administrative organs as the customs and foreign exchange control which practise vertical chain of command and have powers of administrative penalty in accordance with law making penalty decisions, specific collection agencies shall be determined by the Ministry of Finance and the People's Bank of China in conjunction with the departments concerned under the State Council. In the case of the departments concerned under the State Council with powers of administrative penalty in accordance with law to make penalty decisions, specific collection agencies shall be determined by the Ministry of Finance and the People's Bank of China.

  Collection agencies should have adequate networks and points to facilitate the payment of penalties by parties interested.

  Article 6 Administrative organs shall, pursuant to these Measures and relevant provisions of the State, sign an agreement for the collection of of penalty payments with collection agencies.

  The agreement for the collection of penalty payments shall include the following particulars:

  (1)Names of the administrative organ and the collection agency;

  (2)Specific collection networks and points;

  (3)Budget item and budget grade of the collection agency turning over the penalty payments to the state treasury;

  (4)The mode and time period of the collection agency to inform the administrative organ of the status on collection of penalty payments; and

  (5)other matters which require to be expressly defined.

  An administrative organ shall, within 15 days from the date of the conclusion of the agreement on penalty collection, submit the agreement on penalty collection to the administrative organ at the next higher level and the department of finance at the corresponding level for the record; the collection agency shall submit the agreement on penalty collection to the People's Bank of China or its local branch for the record.

  Article 7 The letter of decision on administrative penalty of an administrative organ making the penalty decision shall expressly carry such items as the name and address of the collection agency and the amount payable by the party interested and the time period, and shall make it clear whether additional penalty shall be imposed in the case of the party interested to effect penalty payment on expiry of the time period.

  The party interested shall, in accordance with the amount of penalty and the time period determined by the letter of decision on administrative penalty, effect the payment of the penalty at the designated collection agency.

  Article 8 A collection agency shall issue a receipt of penalty payment to the party interested for the collection of penalty payment.

  The format and printing of the receipt of penalty payment shall be determined by the Ministry of Finance.

  Article 9 In the case of the party interested effecting payment of penalty on expiry of the time period when the letter of decision on administrative penalty has made it clear that additional penalty shall be imposed, the collection agency shall collect additional penalty payment pursuant to the letter of decision on administrative penalty.

  The party interested shall, in the event of having objections to the additional penalty, first effect the payment of penalty and additional penalty, then apply to the administrative organ making the decision on administrative penalty for reconsideration in accordance with law.

  Article 10 A collection agency shall, pursuant to the mode and time period provided for in the agreement on the collection of penalty payments, inform the administrative organ making the decision on administrative penalty in writing of the name or title of the party interested, the amount and time of penalty paid.

  Article 11 Collection agencies shall, pursuant to the Administrative Penalty Law and relevant state provisions, directly turn over the penalty payments collected to the state treasury.

  Article 12 The state treasury shall, pursuant to the provisions of the Regulations of the People's Republic of China on the State Treasury, check the account with the Ministry of Finance and the administrative organs at regular intervals to insure that the penalty payments collected and the amount of penalties turned over to state treasuries coincide./// tally

  Article 13 Collection agencies shall facilitate the payment of penalties by parties interested in such areas as collection networks and points, business hours, services facilities and formalities of payment.

  Article 14 Departments of finance shall pay service fees to collection agencies. The specific rates shall be determined by the Ministry of Finance.

  Article 15 These Measures shall be applicable to penalty decisions made in accordance with law and penalty payments collection by organizations having the functions of managing public affairs authorized by laws and regulations and by organizations with entrustment in accordance with law.

  Article 16 The Ministry of Finance shall, in conjunction with the People's Bank of China, organize the implementation of these Measures.

  Article 17 These Measures shall enter into force as of January 1, 1998.

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