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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II DISPATCHED SUPERVISORY INSTITUTIONS AND SUPERVISORS CHAPTER III POWERS OF SUPERVISORY ORGANS CHAPTER IV SUPERVISION PROCEDURES CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Regulation is formulated in accordance with the Law of the People's Republic of China on Administrative Supervision (hereinafter referred to the LAS). Article 2. The LAC and the present Regulation shall apply to the state administrative organs, organizations with the functions of managing public affairs authorized in the laws and regulations, and institutions authorized by the state administrative organs in accordance with the law and their personnel other than the logistic workers. The "other persons appointed by administrative organs of the State" mentioned in Article 2 of the LAS refers to the persons accredited or dispatched by the state administrative organs to the enterprises, public institutions and social groups. Article 3. A supervisory organ shall establish a system for keeping secret. It shall keep the relevant information of the informers confidential. It is strictly forbidden to divulge to the entities where the informer works or person against whom the accusation is filed the identity of the informer, the reporting materials or the information of the informer. A supervisory organ may offer rewards to the persons who have rendered meritorious services in accusing or exposing serious violations of laws and the rules of discipline. The conditions and criterions shall be formulated by the supervisory organ jointly with the finance department of the people's government at the same level. Article 4. A supervisory organ may, where it is necessary, hire specially-invited supervisors from the state administrative organs, enterprises, public institutions and social groups. Article 5. The funds for a supervisory organ to perform its duties shall be listed into the fiscal budget at the same level. CHAPTER II DISPATCHED SUPERVISORY INSTITUTIONS AND SUPERVISORS Article 6. The supervisory institutions or supervisors dispatched by a supervisory organ shall be responsible for this supervisory organ, shall report the information about their work thereto and shall be subject to the uniform management thereof. In a state administrative organ under vertical management, a supervisory institution dispatched by the supervisory organ therein may, where it is necessary, dispatched supervisory institutions or supervisors to the subordinate administrative institutions. Article 7. A dispatched supervisory institution or supervisor shall perform the following duties: (1) Checking the problems that arise when the departments under supervision abide by and execute the laws, regulations, and decisions or orders of the people's government; (2) Accepting the accusations or reports against the departments and persons under supervision who violate the administrative disciplines; (3) Investigating into and punishing the departments and persons under supervision who violate the administrative disciplines; (4) Accepting the appeals of the persons under supervision who refuse to accept the administration sanction decisions or administration sanction review decisions; (5) Accepting the appeals of the persons under supervision who refuse to accept the supervision decisions; (6) Urging the departments under supervision to establish rules and regulations regarding the clean government and diligent government; and (7) Handling other matters assigned by the supervisory organ. Article 8. A supervisory institution or supervisor dispatched by a supervisory organ shall exercise the same functions as the dispatching supervisory organ. However, the supervisory institutions or supervisors dispatched by the local supervisory organs of all levels, or the supervisory institutions or supervisors dispatched in the subordinate administrative institutions by the supervisions institution dispatched in a state administrative organ under vertical management shall be subject to the approval of the dispatching supervisory organ or institution before exercising the functions stipulated in Articles 20 and 21 of the LAS. Article 9. The same procedures for the supervisory organs in performing the duties shall apply to the supervisory institutions or supervisors in their performance of duties. CHAPTER III POWERS OF SUPERVISORY ORGANS Article 10. For the purpose of performing the duties, a supervisory organ shall have the power to demand the departments and persons under supervision to fully and faithfully provide the documents, data, financial accounts and other materials relating to the matters under supervision. Article 11. When a supervisory organ investigates into an act in violation of the administrative disciplines, it may temporarily detain or seal up the documents, data, financial accounts and other relevant materials that can prove the act in violation of the administrative disciplines. When doing so, it shall issue a supervision notice to the holders of the said documents, data, financial accounts and other materials, shall prepare a checklist for the materials detained or sealed up and have all parties concerned verify it and put their signatures on it. The supervisory organ shall properly preserve the temporarily detained or sealed-up documents, data, financial accounts and other relevant materials. It shall not destroy any of them, or use them for other purposes. Article 12. As for the following properties involved in a case, the supervisory organ has the power to order the suspected entities or persons to keep them properly, and to forbid them from destroying, selling off and transferring them: (1) The properties that can prove the circumstances of the case; (2) The properties that are suspected of being obtained by violating the administrative disciplines; and (3) The properties sold off or transferred to others that are likely to affect the investigation and punishment of the case. When a supervisory organ investigates into a case of corruption, bribery, appropriation of public money or any other act in violation of the administrative disciplines, upon approval of the leader of the supervisory organ of the people's governments at the county level or above, it may temporarily detain the properties relating to the corruption, bribe or appropriation of public money. When the supervisory organ take the measures mentioned in the preceding two paragraphs, it shall issue a supervision notice, shall prepare a checklist for the pertinent properties and have all parties concerned verify it and put their signatures on it. Article 13. Before a supervisory organ takes any measure mentioned in Article 20 (4) of the LAS, it shall be subject to the approval of the leader of the supervisory organ of the people's government at the county level or above. If, upon investigation, a person violating the administrative disciplines is suspected of being involved in any crime, the supervisory organ shall timely transfer the case to the judicial organ for treatment in accordance with the law. Article 14. The sentence "they suspend the persons suspected of seriously violating the administrative disciplines from execution of their official duties" mentioned in Article 20 (4) in the LAS means that being suggested by the supervisory organ, the competent authorities suspend the persons suspected of seriously violating the administrative disciplines from executing their official duties. The supervisory organ may suggest suspending the execution of official duties under any of the following circumstances: (1) If the persons suspected of seriously violating the administrative disciplines continue to execute their official duties, they will cause bad consequences or will result in damage to the work; and (2) The persons suspected of seriously violating the administrative disciplines obstruct, interfere with or destroy the investigations into the case, or treat, lure by promise of gain or retaliate the accuser, informer, witness or case-handling person. When the supervisory organ suggests suspending the execution of the official duties, it shall prepare a supervision notice and serve it on the competent authorities, which shall decide, within 3 days, whether to suspend the execution of the official duties. If, upon investigation and verification, there is no evidence to support the violation of administrative disciplines, or if it is unnecessary to give the relevant persons an administrative sanction such as removing them from their posts or heavier, the supervisory organ shall, within 3 days after it withdraws the case or makes a decision of administrative sanction, inform the competent authorities, in a written form, to lift the measure of suspending the execution of official duties, and shall make an announcement in the pertinent areas. Article 15. The term "competent authorities" mentioned in Article 20 of the LAS refers to the organs that are empowered to decide to suspend the persons suspected of seriously violating the administrative disciplines from executing their official duties. Among them, the suspending of the persons appointed by the National People's Congress and its Standing Committee officials from executing their official duties shall be subject to the decision of the State Council; the suspending of the persons elected by the standing committees of the local people's congress at all levels from executing their official duties shall be subject to people's governments at the next higher level; as for the persons appointed by the standing committees of the local people's congress at all levels, except that the suspending of the deputy provincial governors, deputy chairmen of autonomous regions, deputy mayors, deputy prefecture chiefs, deputy county chiefs and deputy district heads from executing their official duties shall be subject to the decision of the people's government at the next higher level, while the suspending of other persons from executing their official duties shall be subject to the decision of the people's governments at the same level. The suspending of the persons other than those aforesaid from executing their official duties shall be subject to the decision of the appointment and dismissal organs. Article 16. Where a supervisory organ takes any of the measures mentioned in Articles 19 through 21 of the LAS, it shall timely lift it after the conditions to take such a measure disappear. Article 17. When a supervisory organ handles a case involving violation of law and disciplines, it may propose and request the public security organ or judicial administrative department to assist it if: (1) it is necessary to investigate and obtain evidence from the criminal suspects under custody or criminals being subject to criminal penalties; (2) it is necessary to obstruct the persons involved in the case to leave China; or (3) it is necessary to help collect, examine, judge or determine proofs. Article 18. When a supervisory organ handles a case involving violation of law and disciplines, it may request, it may propose and request the audit organ to assist it if: (1) it is necessary to investigate into and ascertain the finance and financial gains and expenses of relevant entities by way of audit; or (2) it is necessary to assist the investigation for obtaining proofs. Article 19. When a supervisory organ handles a case involving violation of law and disciplines, it may request, it may propose and request the organs of tax, customs, industry and commerce, quality supervision, inspection and quarantine to assist it if: (1) it is necessary to assist the investigation for obtaining proofs; or (2) it is necessary to help to collect, examine, judge or determine proofs. Article 20. When a supervisory organ proposes and requests the public security, judicial administrative, tax, customs, industry and commerce, and quality supervision, inspection and quarantine organs to assist it, it shall issue a letter to request for assistance, in which it shall specify the matters needing assistance and the requirements thereof. The organs requested for assistance shall, according to the assistance matters and requirements of the supervisory organ, assist it within their respective functions. Article 21. The expression "Where the decisions, decrees or instructions issued by departments under the people's government to which it belongs or by the people's governments at lower levels contravene the laws or rules and regulations or State policies and should be modified or revoked" described in Article 23 (2) of the LAS refers to the following circumstances: (1) The contents of the decisions, decrees or instructions are contradictory to the laws, regulations and rules; (2) The issuance of the decisions, decrees or instructions is beyond the statutory functions or is in violation of the procedures provided in the laws, regulations and rules. Article 22. The term "remedial measures" mentioned in Article 23 (3) of the LAS refers to the remedies such as eliminating ill effects, rehabilitate reputation, making apologies, making compensations, etc. Article 23. The expression "Where decisions on employment, appointment, dismissal from office, reward or punishment are obviously inappropriate and should be rectified" described in Article 23 (4) of the LAS refers to the following circumstances: (1) The persons employed or appointed don't meet the requirements for their positions, or don't meet the provisions on avoidance of taking the positions; (2) Making decisions of employment, appointment, dismissal, award and punishment by exceeding the power or by violating the procedure; (3) The award is apparently improper or the punishment is too lenient or too severe. Article 24. Where a supervisory organ makes a supervisory decision of administrative sanction to the persons under supervision, it shall comply with the following provisions: (1) With regard to the leaders appointed by the people's congress at the same level and its standing committee to all departments of the people's government at the same level and the leaders of the people's governments elected or appointed by people's congress at the next lower level and its standing committee, if the supervisory organ decides to give any of them a sanction such as a warning, demerit recording, severe demerit recording or degradation, it shall submit a sanction proposal to the people's government at the same level. Upon approval of the people's government at the same level, the supervisory organ shall distribute a supervision decision. If the supervisory organ decides to remove him from his position or expulse him, the people's government at the same level or the people's government at the next lower level shall first propose the people's congress at the same level to remove him from his position, or after it proposes the standing committee of the people's congress at the same level to remove him from his position, the supervisory organ shall distribute a supervision decision; (2) With regard to the persons appointed by the people's government at the same level, if the supervisory organ decides to give any of them a sanction such as a warning, demerit recording, severe demerit recording or degradation, it shall report to the people's government at the same level for record. If the supervisory organ decides to remove him from his position or expulse him, it shall submit a sanction proposal to the people's government at the same level, upon approval thereof, the supervision organ shall distribute a supervision decision; (3) With regard to the persons appointed by the people's government at the same level and its subordinate departments, and the people's government at the next level and its subordinate departments, if the supervisory organ decides to give any of them an administrative sanction, it may directly make supervision decision. If the supervision organ of the people's government at the county level is going to give an expulsion sanction to a person under supervision, it shall report to the people's government at the county level for approval. Article 25. After the supervisory organ makes a decision to give a person violating the administrative disciplines an administrative sanction, the personnel department of the people's government or other pertinent departments shall execute the decision according to the power of personnel management and handle the pertinent formalities for administrative sanction. The personnel department of the people's government or other pertinent departments shall put the supervision decision made by the supervisory organ and the materials relating to the execution and handling of the decision into the archives of the person sanctioned, and shall make an announcement within an appropriate area. Article 26. With regard to the money and property obtained by a person by violating the administrative disciplines, the supervisory organ shall, according to the result of inspection and investigation, make a supervision decision to confiscate, demand or order the person to return the aforesaid money and property except that the money and property shall, in accordance with the law be confiscated, demanded or ordered to return by other organs. Article 27. The pertinent entities and persons shall adopt the supervision proposals put forward by a supervision organ in accordance with the law, but any of them may raise an objection if it (he) believes a supervision proposal is under any of the following circumstances: (1) The factual basis doesn't exist or there is no sufficient evidence; (2) The application of law, regulation or rule is wrong; (3) The procedure is illegal; or (4) The matters involved in the case are beyond the scope of statutory duties of the proposed entity or person. The supervision organ shall examine the objection raised by the entity or person. If it considers that the objection is well justified, it shall withdraw the supervision proposal; if it considers that objection is not justified, it shall inform, in written form, the entity or person to execute the original supervision proposal. CHAPTER IV SUPERVISION PROCEDURES Article 28. The matters subject to inspection under administrative supervision shall be determined by the supervision organ according to the arrangements and requirements of the people's government at the same level or of the supervision organ at the next higher level. The term "key inspection matters" mentioned in the second paragraph of Article 29 of the LAS refers to the inspection matters, which are determined according to the arrangements and requirements of the people's government at the same level or of the supervision organ at the next higher level, or which the supervision organ considers of important effects on this administrative area. Article 29. The preliminary inspection over a violation of administrative disciplines shall be subject to the approval of the leader of the supervisory organ. After the preliminary inspection, a report shall be submitted to the leader of the supervisory organ. If the violation of administrative disciplines is supported by facts and it must render the violator subject to the liabilities of administrative disciplines, the case shall, upon approval of the leader of the supervisory organ, be accepted. Article 30. The term "a key and complicated case" mentioned in the second paragraph of Article 30 and the second paragraph of Article 31 of the LAS refers to any of the following cases: (1) A department subordinate to the people's government at the same level or the people's government at the next lower level violates the law or discipline; (2) It must remove a leader of a department subordinate to the people's government at the same level or a leader of the people's government at the next lower level from his post or impose a severer sanction upon him; (3) Having quite bad effects on the society; or (4) Involving any foreign element. Article 31. If the supervisory organ decides to accept a case for investigation, it shall inform the superior administrative organ of the entity under investigation, or the entity where the person under investigation works, but if it is likely to affect the investigation after such a notification is made, it isn't required to do so for the time being. After the supervisory organ has notified the parties concerned that the case has been accepted, without the consent thereof, the superior administrative organ of the entity where the person under investigation works or the entity where the person under investigation works shall not approve the investigated person's leaving China, resigning from his job, going through the retirement formalities, being transferred to another post, being promoted from his previous post, being awarded or being punished. Article 32. When the supervisory organ conducts an investigation for obtaining evidence, it shall assign two or more persons to do so and the investigating persons shall show their certificates to the entity or person under investigation. Article 33. Where a supervisor responsible for handling the matters under supervision is under any of the following circumstances, he shall withdraw on his own initiative, and the person under supervision, or the citizens, legal persons or any other organization shall be entitled to demand him to withdraw as well: (1) He is a close relative of the person under supervision; (2) He is an interested party to the matters under supervision; or (3) There is any other connection between him and the matters under supervision, which may affect the fair settlement of the matters under supervision. The withdrawal of a leader of the supervisory organ shall be decided by the leaders of the people's government at the same level or by the leaders of the superior supervisory organ. The withdrawal of other supervisors shall be decided by the leaders of the supervisory organ at the same level. Where the people's government at the same level or the superior supervisory organ finds that a supervisor is under any of the circumstances of withdrawal, it may directly decides his withdrawal. Article 34. If the supervisory organ fails to conduct an investigation because the person involved in the case has left China or is missing, or because of serious natural disaster or any other force majeure, it may suspend the investigation. The suspension of investigation shall be subject to the approval of the leaders of the supervisory organ shall be reported to the superior supervisory organ for archival purposes. After the suspending of the investigation into a case is recorded by the people's government at the same level, a report shall be submitted to the people's government at the same level for archival purposes. After the conditions for suspending the investigation into a case disappear, the supervisory organ shall resume the investigation. From the date of resumption of investigation, the time limit for handling the case shall be calculated continuously. Article 35. As for a case accepted by the supervisory organ for investigation, the time limit for handling the case shall be calculated from the day the case is accepted to the day when a supervision decision is made or when a supervision proposal is raised. If it is found, in the course of investigation, that a person under investigation has any new violation of the administrative disciplines, the time limit for handling the case shall be recalculated from the day when the new violation is found. Article 36. The term "special reasons" mentioned in Article 32 of the LAS refers to the following circumstances: (1) The case occurs in a remote area with convenient traffic; (2) The case involves many persons and aspects and it is difficult to obtain evidence; (3) It is necessary to request the competent organ to interpret or confirm the laws, regulations and rules applicable to the case. Article 37. The "important supervision decisions and proposals" mentioned in Article 34 of the LAS refer to the supervision decisions made or important supervision proposals raised by a supervisory organ in handling important inspection matters and key or complicated cases. An important supervision decision or proposal shall be reported to the people's government at the same level and the superior supervision organ for consent. If there is any disparity between the opinions of the people's government and those of the superior supervision organ, the superior supervisory organ shall report to the people's government at the same level for making a decision. Article 38. A supervision decision shall come into effect from the day when it is made; if it is subject to approval, it shall come into effect as of the date of approval. A supervisory organ may directly serve the supervision decisions and proposals on the pertinent entities and persons, or may authorize any other supervisory organ to do so. The date shown on the certificate of receipt signed by the addressee shall be date of service. If the addressee refuses to accept the decision or proposal or refuses to sign or affix his seal to the certificate of receipt, the deliverer shall invite the persons of the entity, where the addressee works, to appear to witness the circumstances on the spot, then specify the refusal reasons and date on the certificate of receipt, have the deliverer and witnesses sign their names or affix their seals to the certificate of receipt, finally leave the supervision decision or proposal at the domicile or entity of the addressee, the service shall be deemed successful. Article 39. Anyone who objects to the decision of administrative sanction or decision to review an administrative sanction made by the competent administrative organ may appeal to the supervisory organ at the same level of the competent administrative organ. Article 40. When a supervision organ reviews an appeal case, if it believes that the previous decision is based on clear facts and exact evidence, the application of laws, regulations and rules is correct, the determination of the nature of the case is accurate, the case is settled appropriately and the procedure is legal, it shall affirm the decision. Article 41. When a supervisory organ reviews an appeal case, if it believes the previous decision is under any of the following circumstances, it may, with the scope of its functions, directly change or propose the original decision-making organ to change the previous decision; where the superior supervisory organ holds that a supervision decision made by an inferior supervisory organ is under any of the following circumstances, it may directly change or order the inferior supervisory organ to change the previous decision: (1) The application of law, regulation or rule is wrong; (2) The determination of the circumstance of the act in violation of the laws or disciplines is wrong; or (3) The case is handled improperly. Article 42. Where a supervisory organ review an appeal case, if it believes the previous decision is under any of the following circumstances, it may, within its scope of functions, directly revoke or propose the original decision-making organ to revoke it. After it decides to revoke the previous decision, it shall remand it to the original decision-making organ to make a new decision; if a superior supervision considers that a supervision decision made by its inferior supervision organ is under any of the following circumstances, it may directly revoke or order the inferior supervision organ to revoke it. After it decides to revoke the previous decision, it shall order the inferior supervision organ to make a new decision: (1) There is no fact or not enough evidence to support the violation of laws and disciplines; (2) Violating the legal procedure, affecting the fair handling of the case; or (3) Exceeding or abusing one's power. Article 43. When a supervisory organ transfers a case, it shall prepare a case transference notice. The entity, which accepts the transferred case, shall inform the supervisory organ of the handling result according to the requirements specified in the case transference notice of the supervisory organ. CHAPTER V SUPPLEMENTARY PROVISIONS Article 44. The present Regulation shall be implemented as of October 1, 2004. |
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