Procedures of the Administration of Shanghai Municipality Administrative Law Enforcement Certificate

• Document Number：Decree No. 88 of Shanghai Municipal People's Government
• Area of Law： Government Affairs
• Level of Authority： Local Government Rules
• Date issued：09-24-2012
• Status： Effective
• Issuing Authority： Shanghai Municipality

Decree of Shanghai Municipal People's Government
(No. 88)
The Procedures of the Administration of Shanghai Municipality Administrative Law Enforcement Certificate were adopted at the 153rd Routine Meeting of the Municipal People's Government on September 17, 2012, and are hereby promulgated. They shall be effective as of November 1, 2012.
Mayor: Han Zheng
September 24, 2012
Procedures of the Administration of Shanghai Municipality Administrative Law Enforcement Certificate
(Promulgated by Decree No. 88 of Shanghai Municipal People's Government on September 24, 2012)
Article 1 (Purposes)
With a view to strengthening the administration of the administrative law enforcement certificate, specifying administrative law enforcement, and improving the regulatory environment in this Municipality, these Procedures are formulated in the light of its actual circumstances in accordance with the provisions of relevant laws, rules and regulations.
Article 2 (Application Scope)
These Procedures apply to the application, issuance, use and supervision of Shanghai Municipality Administrative Law Enforcement Certificate (hereinafter referred to as the Law Enforcement Certificate).
Article 3 (Definition of the Law Enforcement Certificate)
The Law Enforcement Certificate in these Procedures refers to the certificate (which is) issued in the name of the municipal or district/county people's government to verify its holder's right of administrative law enforcement.
Article 4 (Contents of the Law Enforcement Certificate)
The Administrative Law Enforcement Certificate shall state clearly the following:
1. name of the holder;
2. name of the law enforcement agency;
3. type and region of law enforcement;
4. issuing department;
5. certificate number; and
6. validity period.
The Law Enforcement Certificate shall be stamped with the Special Seal of Shanghai Municipal People's Government for the Administrative Law Enforcement Certificate.
Article 5 (Implementing Department)
The Legislative Affairs Office of Shanghai Municipal People's Government (hereinafter referred to as the "LAO of the Municipal People's Government") shall be responsible for supervising and administrating the approval, printing, making, issuance and use of the Law Enforcement Certificate in the whole Municipality.
The legal affairs offices of district/county people's governments (hereinafter referred to as the LAOs of district/county people's governments) shall be responsible for supervising and administrating the preliminary approval and use of the Law Enforcement Certificate in their own jurisdictions.
Article 6 (Duties of Administrative Law Enforcement Units)
The units that have the function of administrative law enforcement as provided for by laws, rules or regulations (hereinafter referred to as the "administrative law enforcement units") shall fulfill the following duties:
1. being responsible for the application of the Law Enforcement Certificate for their own units or other units in their own systems;
2. being responsible for the daily management of the use of the Law Enforcement Certificate by their own units or other units in their own systems; and
3. being responsible for the qualifications and information of the staff of their own units or other units in their own systems.
Article 7 (Informatization of the Law Enforcement Certificate)
This Municipality shall establish an information management system of law enforcement enforcers of Shanghai Municipality (hereinafter referred to as the "information management system") to conduct the informatization of the Law Enforcement Certificate.
The LAO and the commission department of the Municipal People's Government shall establish an information inquiry system for the law enforcement institutions and their staff members. The LAO of the Municipal People's Government shall, during the process of handling the application for the Law Enforcement Certificate, review the information of the staff of the administrative law enforcement institutions.
Article 8 (Missions that Require the Law Enforcement Certificate)
An administrative law enforcement unit shall apply for the Law Enforcement Certificate for its staff members who are to carry out the following missions in administrative law enforcement:
1. administrative penalty;
2. administrative coercion;
3. administrative inspection; and
4. other missions that require the administrative enforcement certificate by law.
Article 9 (Stipulations for Cases of Law Enforcement)
The LAO of the Municipal People's Government shall be responsible for preparing the catalogue of law enforcement cases.
Where an administrative law enforcement unit applies for the Law Enforcement Certificate, it shall fill in an application form for law enforcement in one or more cases within its statutory power in a standard way according to the catalogue of law enforcement cases.
Article 10 (Requirements for Application)
The person who can obtain the Law Enforcement Certificate shall meet the following requirements:
1. being a regular staff member of an administrative law enforcement unit; and
2. having received training in basic legal knowledge and passed relevant examinations.
Besides the requirements set out in the preceding clause, other departments concerned of the Municipal People's Government may stipulate in their jurisdictions their requirements for the training of the knowledge of their specific lines in law enforcement.
Other departments concerned of the Municipal People's Government shall notify the LAO of the Municipal People's Government and the LAOs of district/county people's governments of their added requirements in good time.
Article 11 (Unified Application and Pre-approval)
The Law Enforcement Certificate shall be applied for exclusively by a law enforcement unit. Each administrative law enforcer shall obtain only one copy of the Law Enforcement Certificate.
Where a law enforcement unit applies for the Law Enforcement Certificate for its staff members, it shall see to it that they meet the requirements as provided for by Article 10 of these Procedures and submit files with true information; it shall not apply for the Law Enforcement Certificate for unqualified people by any illegal means, for example, submitting files with false information.
Article 12 (Submission of Applications)
Where an administrative law enforcement unit applies for the Law Enforcement Certificate, it shall submit its application via the information management system according to the following provisions:
1. Where a department of the Municipal People's Government or any of its subordinate institutions makes an application, the application shall be submitted by this department to the LAO of the Municipal People's Government;
2. Where a department immediately under the municipal level or any of its subordinate institutions makes an application, the application shall be submitted by its corresponding department of the Municipal People's Government to the LAO of the Municipal People's Government; and
3. Where a department of a district/county people's government, or any of its subordinate institutions, or a town/township people's government, or a sub-district office, makes an application, the application shall be submitted by this department, or the town/township people's government, or the sub-district office to the LAO of the district/county people's government.
Article 13 (Reviewing and Decision-Making)
The LAO of the Municipal People's Government shall review the application submitted by a department of the Municipal People's Government within five working days from the date of receipt, either issuing the Law Enforcement Certificate when the application is approved. or notifying the applying department of its reasons for denial when the application is not approved.
The LAO of a district/county people's government shall make a preliminary review of the application it receives within five working days from the date of receipt and submit the accepted application to the LAO of the Municipal People's Government for a second review. It shall notify the applicant of its reason for denial if the application is not accepted. The LAO of the Municipal People's Government shall review the application submitted by a district/county people's government within 5 days from the date of receipt, either issuing the Law Enforcement Certificate when the application is approved, or notifying the LAO of the district/county people's government of its reasons for denial when the application is not approved.
Article 14 (Printing, Making and Collecting)
The Law Enforcement Certificate shall be printed and made exclusively by the LAO of the Municipal People's Government. No other unit or individual has the right to print and make it in any form.
The LAO of the Municipal People's Government shall notify the relevant department of the Municipal People's Government or the LAO of a district/county people's government to collect the Law Enforcement Certificate when it is printed and made.
Article 15 (Validity Period and Reissuing of the Law Enforcement Certificate)
The validity period of a Law Enforcement Certificate shall not be more than six years.
If the Law Enforcement Certificate is damaged or lost within its validity period, the administrative law enforcer shall report to his or her working unit immediately with a written statement of the case in detail. If it is proved to be damaged, his or her unit shall apply for a new copy as provided for by the procedure in Article 12 of these Procedures; if it is proved to be lost, his or her unit shall make a public announcement of the loss via a newspaper or a website, and apply for a new copy as provided for by the procedure in Article 12 of these Procedures 30 days after the announcement.
Article 16 (Renewal of the Law Enforcement Certificate)
An administrative law enforcement unit shall, three months before the expiry date of the Law Enforcement Certificate, apply for renewing it for its staff members as provided for by the procedure in Article 12 of these Procedures, but there shall be no renewal for those who fail to receive rotational training in basic legal knowledge or fail to pass the relevant examinations as provided for.
Article 17 (Use and Keeping of the Law Enforcement Certificate)
Where a law enforcer's identity certificate shall be presented in administrative law enforcement according to relevant laws, rules or regulations, he or she shall present it and notify the party concerned of his or her identity as an administrative law enforcer.
No administrative law enforcer shall arbitrarily engage in administrative law enforcement beyond his or her jurisdiction indicated in the Law Enforcement Certificate; if he or she needs to engage in law enforcement beyond it, the approval of the corresponding department of the Municipal People's Government shall be indispensable, but where there are laws, rules or regulations that otherwise provide for, their provisions shall prevail.
An administrative law enforcer shall keep the Law Enforcement Certificate in good condition and shall not alter, copy, lend, or sell it.
Article 18 (System of Spot Check)
The LAO of the Municipal People's Government or the LAOs of district/county people's governments may spotcheck holders of the Law Enforcement Certificate in basic legal knowledge.
The administrative law enforcers who fail in a spot check in basic legal knowledge shall take a make-up examination within a prescribed time limit. As for those who still fail in the make-up examination, the LAO of the Municipal People's Government or the LAOs of the district/county people's governments may order their working units to suspend their use of the Law Enforcement Certificate, and to have them learn basic legal knowledge for at least one month.
An administrative law enforcer shall not engage in administrative law enforcement during the suspension of his or her Law Enforcement Certificate.
Article 19 (Withdrawal of the Law Enforcement Certificate)
Where an administrative law enforcement unit makes by law a decision of administrative penalty or administrative sanction to dismiss a Law Enforcement Certificate holder or to cancel his or her right of law enforcement, it shall withdraw his or her Law enforcement Certificate immediately.
The LAO of the Municipal People's Government or the LAOs of district/county people's governments shall withdraw the Law Enforcement Certificate if it is obtained by an administrative law enforcement unit by submitting files with false information or in other illegal ways.
Article 20 (Cancellation of the Law Enforcement Certificate)
In any of the following cases, administrative law enforcement units shall go to the LAO of the Municipal People's Government or the LAOs of the district/county people's government to cancel the Law Enforcement Certificate:
1. The Law Enforcement Certificate expires, and there is no good reason for the absence of a timely application for its renewal;
2. A Law Enforcement Certificate holder is transferred from his or her post of law enforcement, or leaves his or her administrative law enforcement unit due to transfer, resignation, dismissal, retirement etc;
3. The Law Enforcement Certificate is withdrawn according to the provisions of Article 19 of these Procedures; or
4. Other cases in which the Law Enforcement Certificate shall be cancelled.
Article 21 (Destruction of the Law Enforcement Certificate)
The administrative law enforcement unit shall submit without delay the Law Enforcement Certificate to the LAO of the Municipal People's Government or the LAOs of the district/county people's government for destruction in any of the following cases:
1. The Law Enforcement Certificate has been renewed according to the provisions of Article 16 of these Procedures;
2. The Law Enforcement Certificate has been cancelled according to the provisions of Article 20 of these Procedures; or
3. Other necessities for destruction.
Article 22 (Supervision over Administrative Law Enforcement Units)
The LAO of the Municipal People's Government or the LAOs of the district/county people's government may issue a Legal Supervision Proposal to an administrative enforcement unit in any of the following cases:
1. applying for the Law Enforcement Certificate for unqualified people against the provisions of Clause 2 of Article 11 of these Procedures;
2. failing to have in good time administrative law enforcers who fail in spot checks learn basic legal knowledge as provided for by the provisions of Clause 2 of Article 18 of these Procedures;
3. sending an administrative law enforcer whose Law Enforcement Certificate is suspended on administrative law enforcement missions against the provisions of Clause 3 of Article 18 of these Procedures;
4. failing to retrieve the Law Enforcement Certificate as provided for by the provisions of Clause 1 of Article 19 of these Procedures; or
5. failing to submit the Law Enforcement Certificate in good time for destruction as provided for by the provisions of Article 21 of these Procedures.
Where an administrative law enforcement unit applies with files with false information for the Law Enforcement Certificate for an unqualified person, those who are directly liable shall be given the penalty of a warning, demerit recording or serious demerit recording; the serious offenders shall be given the penalty of demotion or dismissal from their posts.
Article 23 (Legal Liability)
Any unit or individual that forges or alters the Law Enforcement Certificate shall be given penalties by the public security department according to law; in the event of a crime, the offender shall be prosecuted for criminal liability.
Article 24 (Other Provisions)
The application for the Law Enforcement Certificate by administrative law enforcement institutions of a department of the State Council in this Municipality shall refer to these Procedures.
The application for the Law Enforcement Certificates of a department of the State Council by an administrative law enforcement unit of this Municipality shall follow the provisions of the relevant department of the State Council.
Article 25 (Effective Date)
These Procedures shall be effective as of November 1, 2012.