(Promulgated by the State Administration of Import and Export Commodity Inspection on February 20, 1995)
Chapter I General Provisions
Article 1 With a view to strengthening the inspection and administration on import and export commodities, standardizing the acts in performing the commodity inspection according to law, these Provisions are formulated in accordance with the "Law of the People's Republic of China on Import and Export Commodity Inspection" (hereinafter referred to as the Commodity Inspection Law ) and the "Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection" (hereinafter referred to as the Regulations for the Implementation of the Commodity Inspection Law).
Article 2 For any citizens, legal persons and other organizations which violate the "Commodity Inspection Law" and the "Regulations for the Implementation of the Commodity Inspection Law", as well as the other laws, regulations or the provisions concerning the import and export commodity inspection specified in other rules (hereinafter referred to as the commodity inspection regulations and rules), are to be imposed administrative penalties, they should be given punishment in accordance with the relevant provisions of these Provisions.
Article 3 The administrative penalties concerning the commodity inspection imposed shall be based on clear facts, accurate evidence, correct-applying the Commodity Inspection Law, regulations and rules, lawful procedures and appropriate sentencing.
Chapter II
Jurisdiction of Punishment
Article 4 For cases violating the commodity inspection regulations and rules, the commodity inspection authorities in the place where the violation acts happened or were found, shall be responsible for investigation and handling. If the party resides in other place, he/she/it may be transferred to the commodity inspection authorities in the place of the party's residence for handling.
Article 5 If act of a party violates the laws, over which more than two commodity inspection authorities have the jurisdiction, the case is to be under the jurisdiction of the commodity inspection authorities that first accepted the case. The other commodity inspection authorities in relation to the case, shall coordinate with the commodity inspection authorities above-mentioned to investigate and deal with the case.
In case any disputes arise from the jurisdiction of more than two commodity inspection authorities, they shall be settled through negociation. If negociation fails to be made, the right of jurisdiction shall be designated by the higher commodity inspection authorities or even by the State Administration of Commodity Inspection.
Article 6 With regard to the administrative penalties concerning the qualification of accreditation marks or rescinding the import safety quality license, rescinding the export quality license approved by the State Administration of Commodity Inspection and cancelling the qualification of designation by the State Administration of Commodity Inspection or the qualification of designation and accreditation by the accreditation organizations, they can be carried out, only after they have been submitted to the State Administration of Commodity Inspection for approval.
Article 7 In case the violating act of a party involved in the provisions of other laws, regulations and rules, the commodity inspection authorities may impose the administrative penalty in conjunction with the competent departments.
Article 8 If act of a party which violates the commodity inspection law, regulations and rules constitutes a crime, the party shall be transferred to the judicial organ and prosecuted according to the Criminal Law.
Chapter III
Acts Violating the Commodity Inspection Regulations and Rules and Punishment
Article 9 Those who violate the commodity inspection regulations and rules with any of the following acts, depending on the seriousness of the case, shall be subject to the penalty of criticism by circular, warning or suspension of application for inspection, and may be imposed a fine of 1% up to 5% of the total commodity value by the commodity inspection authorities:
1. Marketing or using import commodities which are subject to statutory inspection without applying for inspection.
2. Exporting the commodities which are subject to statutory inspection without applying for inspection.
3. Importing , marketing or using commodities subject to the import safety license system or exporting commodities subject to the export quality license system or hygienic registration/list-entry system without obtaining the required license or relevant certificates;
4. Using the vessel's holds or containers without possessing any certificate to prove their qualified conditions or already found not up to the requirements through inspection for carrying the perishable food or frozen goods for export;
5. Providing or using the packages and containers for shipment of export dangerous goods without undergoing survey by the commodity inspection authorities.
6. Any other acts of evading the compulsory inspection of the commodity inspection authorities.
Article 10 Those who violate the commodity inspection regulations and rules by committing any one of the following acts, depending on the seriousness of the case, shall be subject to the penalty of criticism by circular, warning or suspension of application for inspection, and may be imposed a fine of 5% up to 20 % of the total commodity value by the commodity inspection authorities.
1. Marketing or using the import commodities judged by the commodity inspection authorities through inspection not up to the compulsory standards or other standards that must be complied with.
2. Exporting the commodities judged not up to standard through inspection or random inspection by the commodity inspection authorities.
3. Intentionally changing the quality, specifications, quantity, weight and packaging of the export commodities already inspected and judged up to standard by the commodity inspection authorities;
4. Intentionally changing the samples drawn by the commodity inspection authorities;
5. Intentionally changing or resigning, or impairing the commodity inspection marks, seals and certification marks on the import and export commodities and their packages affixed by the commodity inspection authorities;
6. Providing or using the packages and containers already judged by the commodity inspection authorities as substandard for shipment of outbound dangerous goods;
7. Applying to the commodity inspection authorities for inspection not according to the real conditions, obtaining the relevant certificates and documents from the commodity inspection authorities by dishonest means.
Article 11 In case the enterprises which have been approved to use certification marks or granted the import safety license, export quality license or certificates of hygiene registration/list-entry are found not up to the specified requirements set upon reexamination, the commodity inspection authorities shall instruct them to make improvements within the time limit . If they still fail to meet the specified requirements beyond the time limit , their qualification for using the certification marks shall be cancelled or their import safety quality license, export quality license or certificates or hygiene registration/list-entry shall be revoked subject to approval of the State Administration of Commodity Inspection.
Article 12 For those units which have obtained the qualification of the certificate of origin with the acts by providing fake materials, obtaining certificate of origin by dishonest means, and illegally assigning the certificate of origin, they shall be subject to the penalty of criticism by circular, or suspension for the time being and even cancellation of the qualification for application for certificate of origin.
Article 13 The inspection, superintending and surveying organizations designated or accredited by the State Administration of Commodity Inspection and the commodity inspection authorities, which do not exercise their duties according to the stipulations or fail to meet the specified requirements through inspection may be ordered to stop their inspection, superintending and survey on import and export commodities and order them to make improvements within the time-limit. If they still fail to meet the requirements beyond the time limit, their qualification of designation or accreditation shall be cancelled.
Article 14 Any organizations without approval, designation and accreditation by the State Administration of Commodity Inspection or by the commodity inspection authorities authorized by the State Administration of Commodity Inspection intentionally conduct the inspection, superintending and surveying business of import and export commodities, shall be ordered to stop the inspection, superintending and surveying business unauthorized, and shall be given a penalty of warning, criticism by circular or a fine less than 3 times the illegal gains.
Article 15 The accredited personnel including the inspectors, assessors, personnel engaged in application for inspection, etc. accredited or registered by the commodity inspection authorities who commit the acts by violating the commodity inspection regulations and rules through examination shall be ordered to stop their business activities for inspection, assessment and application for inspection. If the acts of violations are serious, their qualification of accreditation or registration shall be cancelled.
Article 16 For the export commodities already applied for inspection, but found to be counterfeits of poor quality, the production and management units shall be ordered to cease producing and exporting the goods. The counterfeit goods in question of inferior quality may be destroyed under supervision, a fine less than the corresponding value of the export commodity may be imposed exclusively or concurrently.
Article 17 Those who falsify, re-make or illegally use commodity inspection certificates/documents, seals/stamps, marks, sealings and quality certification marks, and those who trade or erase/alter commodity inspection certificates/documents and marks may be imposed a fine of RMB 5, 000 yuan up to RMB 30, 000 yuan or they may be imposed a fine less than the total value of the commodities, if the certificates have already been used for imports or exports
Article 18 The commodity inspection authorities shall not impose a repeated penalty on the party with the same acts of violation of law.
Chapter IV
Procedures and Implementation of Penalties
Article 19 The commodity inspection authorities when discover or accept the information believe that it is necessary to impose a penalty on the citizens, legal persons or other organizations, which commit the acts of violating the commodity inspection regulations and rules, they should file the case, make investigation and deal with the case.
Article 20 The personnel of the commodity inspection authorities in charge of handling the case, when making investigation and gathering evidence, shall be at least no less than two persons and show their commodity inspection identity cards.
Article 21 The relevant citizens, legal persons and other organizations shall provide the commodity inspection authorities with supports and assistance to make investigation and gather evidence.
Article 22 The commodity inspection authorities when investigating the case of violation of law, may adopt the following measures for investigation and gathering evidence:
1. Investigate and interrogate the party or insider;
2. Review, make records or copy the relevant contracts, notes, certificates, documents and other materials involved in the case;
3. Investigate or take photos of the relevant articles and scene involved in the case;
4. Order the party to keep well the import and export commodities involved in the acts of violation of law. If necessary, the relevant commodities shall be sealed up or marked or taken out as evidence.
The transcript of investigation and interrogation shall be signed by the party or the insider.
Article 23 In order to clarify the circumstances of a case, the commodity inspection certificates and documents, seals/stamps, marks, or sealings which are suspected to be falsified, remade, illegally used, traded or erased/altered, may be temporarily seized.
Article 24 For those who violated the commodity inspection regulations and rules, if the circumstances are obviously minor, and they can positively recognize their mistakes, timely correct the acts of violation of law, minimize the dangerous consequences caused by acts violating the law, or coordinate the commodity inspection authorities to investigate or handle the case, and demonstrate meritorious service, a mitigated punishment may be given to them.
If the mitigated punishment involves a penalty of fine, the amount of such fine shall not be less than the specified lower limit of the amount which is a fine imposed on acts of violation of law.
Article 25 For those who violate the commodity inspection regulations and rules, if the circumstances are serious, or for those who commit repeated acts of violation of law, cause serious dangerous consequences or obstruct the personnel in carrying out their inspection duties according to law, or intentionally transfer, cancel, destroy eridence or the relevant materials, and cancel the facts of violation of law, a heavier punishment shall be given to them.
If the heavier punishment involves a penalty of fine, the amount of such fine shall not be higher than specified upper limit of the amount which is a fine imposed on acts of violation of law.
Article 26 For a case which has been filed under investigation, the acts of violation of the commodity inspection regulations and rules are clear in fact, the evidence reliable and complete, the punishment shall be given according to law and the punishment decision shall be made respectively.
The punishment decision shall be made by the legal representative of the commodity inspection authorities.
Article 27 The punishment decision of commodity inspection shall contain the following contents:
1. The name, sex, working units or address of the personnel punished, or the name, address of the units punished, and the name and occupation of its legal representative;
2. The major facts of violation of law;
3. The basis of punishment;
4. The punishment decision;
5. The period of time limit for executing punishment;
6. In case the personnel punished does not agree with the punishment, the period of time limit for application for reconsideration and the name and the name and address of reconsideration organ;
7. The name of the commodity inspection authorities which made the punishment decision;
8. The date for imposing the punishment.
The punishment decision shall contain the stamp of the commodity inspection authorities which have given the punishment decision.
Article 28 The punishment decision made by the commodity inspection authorities may be directly sent to the party for a signed receipt, or by post.
Article 29 In case the punishment decision has been sent, a service certificate shall be made for return. The addressee shall record on the service certificate, the date of service, and sign his name or place upon the service certificate.
The date indicated on receipt of the service certificate shall be regarded as the date of service.
In case the punishment decision is sent by post, the date indicated on the registration receipt of the post office shall be the date of service.
Article 30 In case the person punished refuses to receive the punishment decision, the service person shall record in the certificate of service the particulars of refusal, and the date of service refusal. The service certificate shall be signed or sealed by the service person and the witnesses. Then, the punishment decision shall be left at the addressee's residence, the service shall be deemed as completed.
Article 31 The party punished shall pay the fine within 10 days upon receipt of the punishment decision.
In case the party punished fail to pay the fine within the specified time limit, the commodity inspection authorities which have made the punishment decision, besides order the party to pay the fine within the time limit, shall collect 30% surcharge for overdue payment per day, since the date for collecting the surcharge for overdue payment.
The fine imposed shall be turned over the state treasury.
Article 32 In case a party does not agree with the penalty imposed by the commodity inspection authorities, it may, within 30 days after it receives the punishment decision, apply to the commodity inspection authorities which have made the punishment decision, or the higher commodity inspection authorities or even to the State Administration of Commodity Inspection.
If the party still disagrees with the decision of reconsideration, it may bring a suit before the people's court within 30 days after the date it receives the decision of reconsideration.
During the period for reconsideration and procedural activities, the execution of the original punishment decision shall not be terminated. Unless otherwise specified in laws or regulations and rules, the execution of the original punishment decision shall be executed in accordance with the provision specified in laws, regulations and rules above-mentioned.
If a party neither applies for reconsideration nor brings a suit, and fails to execute the punishment decision within the specified period, the commodity inspection authorities which have made the punishment decision shall appeal to the people's court for compulsory execution.
Article 33 The personnel responsible for investigating the case, upon the conclusion of the case, shall timely place the materials of the case on file.
Chapter V
Supplementary Provisions
Article 34 As to the functionaries of the commodity inspection authorities who abuse their power, practice graft or embezzlement, cause the party heavy losses by failing to perform their duties in undertaking punishment work according to law, the administrative punishment shall be given to them by the commodity inspection authorities in the place where they are working or by the higher commodity inspection authorities. If the circumstances are serious, they shall be prosecuted according to the Criminal Law.
Article 35 The State Administration of Commodity Inspection shall be responsible for the interpretation of these Provisions.
Article 36 These Provisions shall go into effect as of May 1, 1995.
