Provisions on the Administrative Penalty Procedures of Registration Administrative Organs for Social Organizations
(Issued by Order No. 44 of the Ministry of Civil Affairs of the People's Republic of China on August 3, 2012 and shall come into force on October 1, 2012)

Chapter I General Provisions

Article 1 For purposes of promoting the sound development of social organizations, regulating the administrative penalty procedures for social organizations, and protecting the lawful rights and interests of citizens, legal persons, and other organizations, these Provisions are formulated according to the Law of the People's Republic of China on Administrative Penalty, the Administrative Compulsion Law of the People's Republic of China, the Regulation on Registration and Administration of Social Organizations, the Regulation on Foundation Administration, the Interim Regulation on the Administration of Registration of Private Non-Enterprise Institutions, and the relevant laws and regulations.

Article 2 The term “social organizations” as mentioned in these Provisions refers to social groups, foundations, and private non-enterprise institutions that are registered at the registration administrative organs of civil affairs departments at all levels (hereinafter referred to as the “registration administrative organs”).

Article 3 The registration administrative organs at all levels shall be in charge of the administration of administrative penalty cases involving social organizations that are registered at such registration administrative organs.

Article 4 Where a registration administrative organ discovers that a social organization not under its jurisdiction commits any violation of law within its administrative region, it shall report to the registration administrative organ that has jurisdiction in a timely manner.
The registration administrative organ that has jurisdiction may authorize in writing the registration administrative organ at the place where such violation of law is committed to organize investigation into the case regarding such violation of law committed by the social organization.
Where the registration administrative organ that has jurisdiction investigates into the case regarding violation of law committed by a social organization across administrative regions, the relevant registration administrative organs shall actively cooperate with such registration administrative organ and assist in the investigation.

Article 5 Where a registration administrative organ discovers that a case under investigation is not under its jurisdiction, the registration administrative organ shall transfer the case to an administrative organ that has jurisdiction for handling.

Chapter II Case-Opening, Investigation, and Evidence Collection

Article 6 A registration administrative organ shall open a case on violation of law committed by a social organization that satisfies the following conditions concurrently:

(1) has any fact on violation of law that violates the provisions on the registration and administration of social organizations;

(2) falls within the administrative penalty scope of the registration administrative organ; and

(3) is under the jurisdiction of the registration administrative organ.

Article 7 To open a case, the examination and approval form for case-opening shall be filled out and submitted to the person in charge of a registration administrative organ for examination and approval. The registration administrative organ shall designate two or more case handling personnel to investigate and handle it.

Article 8 After a case is opened, the case handling personnel shall make investigation and collect evidence in a timely manner.
When making investigation and collecting evidence, the case handling personnel shall be more than two and they shall voluntarily produce their law enforcement certificates.
The parties or the relevant personnel shall assist the case handling personnel in making investigation, and may not refuse or impede the investigation, conceal facts or provide false information.

Article 9 When making investigation and collecting evidence, the case handling personnel shall following the principle of being all-round, objective, and impartial.
To make investigation into a case, the case handling personnel shall collect the following evidence:

(1) documentary evidence;

(2) physical evidence;

(3) testimony of witnesses;

(4) audio and video recordings, and electronic data;

(5) statements of the parties;

(6) expert conclusions; and

(7) inspection transcripts and on-site transcripts.
The above-mentioned evidence may be used as the basis for the findings of facts only after being verified as true.

Article 10 Where the case handling personnel have any direct interest with the parties, the case handling personnel shall disqualify themselves. The parties have the right to request the disqualification of case handling personnel and the case handling personnel themselves may also voluntarily apply for disqualification. The person in charge of a registration administrative organ shall decide on the disqualification of such case handling personnel.

Article 11 When investigating into the situation, the case handling personnel shall separately inquire of the parties, witnesses or other relevant personnel and make interview transcripts.
The interview transcripts shall be checked by the persons interviewed. Where there is any error or omission in the interview transcripts, the persons interviewed shall be permitted to make corrections or supplementation. After the persons interviewed verify such interview transcripts, they shall affix their signatures or seals. Where the persons interviewed are illiterate, the case handling personnel shall read the interview transcripts to them.
The case handling personnel shall sign their names on the interview transcripts.

Article 12 The case handling personnel may require the parties, witnesses, or other relevant personnel to provide supporting materials and require them to affix their signatures or seals to the materials they provide.

Article 13 The case handling personnel shall collect and transfer original copies or original materials as documentary evidence or physical evidence. Where it is difficult to collect or transfer the originals, the duplicates or photographs that are verified with the original copies or original materials shall be collected, and the words “complying with the originals upon verification” and the sources shall be indicated, and the signatures or seals of the party producing such duplicates or photographs shall be affixed.

Article 14 When collecting audio and video recordings, the case handling personnel shall specify the production methods, production time, producer, and objects to be proved.

Article 15 When collecting evidence, a registration administrative organ may, upon approval of the person in charge of the registration administrative organ, take advance registration and preservation measures under the circumstances where such evidence may be lost or it is difficult to obtain such evidence afterwards.

Article 16 For the relevant evidence that is registered and preserved in advance, the case handling personnel shall notify the parties to be present on the scene, serve the written notice on advance registration and preservation, inform the parties of the reasons and basis for taking administrative compulsory measures, and the rights and remedy measures that they are legally entitled to, hear the statements and arguments of the parties, and make on-site transcripts.
The on-site transcripts shall be affixed with the signatures or seals of the parties and case handling personnel. Where the parties refuse to affix their signatures or seals, it shall be indicated in the transcripts. Where the parties are not present on site, the witnesses shall be invited to be present on site, and both the witnesses and the case handling personnel shall affix their signatures or seals to the on-site transcripts.
The case handling personnel shall review the evidence on site, attach sealing stripe of advance registration and preservation from the registration administrative organ, and issue the evidence list, which is affixed with the signatures or seals of the parties and case handling personnel. One copy of the evidence list shall be preserved by the parties and the other copy shall be archived for filing.
During the period of evidence registration and preservation, the parties or the relevant personnel may not damage, destroy, or transfer the evidence.

Article 17 After the evidence is registered and preserved in advance, a registration administrative organ shall make the following decisions on handling within seven days:

(1) confiscate the articles that shall be confiscated pursuant to law by following the statutory procedures;

(2) transfer to the relevant department the evidence that shall be handled by such relevant department; or

(3) cancel the registration and preservation where the evidence no longer needs to be registered and preserved, and take measures such as recording, duplicating, photograph-taking, and video-recording of the evidence whose registration and preservation has been cancelled in a timely manner according to actual circumstances.

Article 18 The case handling personnel shall, by focusing on the relevancy, legality and authenticity of evidence, verify whether the evidence has any effect of proof.

Article 19 For the evidence materials collected, the case handling personnel shall produce a table of contents for them and make brief descriptions on the sources of evidence materials, objects to be proved, and content.

Chapter III Decision on Administrative Penalty

Article 20 After the case investigation is concluded, the case handling personnel shall prepare a final case investigation report.
The content of the final case investigation report includes basic information on a social organization, investigation process, case facts, legal basis, and handling suggestions.
The case handling personnel shall submit the case file to the legislative affairs body of a registration administrative organ or the person in charge of legislative affairs for written examination. After the examination, the case handling personnel shall submit the case file and examination opinions to the person in charge of the registration administrative organ for approval.

Article 21 Before a registration administrative organ makes a decision on administrative penalty, the registration administrative organ shall prepare a written advance notice on administrative penalty, and notify the parties of the facts, grounds, and basis for the administrative penalty to be made, and the rights of making a statement or argument and other rights that the parties are entitled to.
The parties may, within three work days of receipt of the written advance notice on administrative penalty, make a statement or argument. The statement or argument may be made in writing or orally. Where the parties make an oral statement or argument, the case handling personnel shall make transcripts of the statement or argument and ask the parties to verify such transcripts and affix their signatures or seals after verification.

Article 22 Before a registration administrative organ makes a decision on the suspension of operation within a prescribed time limit, deregistration, or penalty of a large amount of fines, the registration administrative organ shall inform the parties that they have the right to request a hearing. Where the party requests a hearing, he or it shall raise the request within three work days after being informed by the registration administrative organ. The registration administrative organ shall notify the parties of the time and place for holding a hearing seven days before a hearing is to be held.

Article 23 Where the party fails to make a statement or argument, or fails to request a hearing within the prescribed time limit, it shall be deemed that the party has waived the above-mentioned rights.
The registration administrative organ shall fully hear the opinions of the parties and review the facts, grounds and evidence that are raised by the parties.

Article 24 The person in charge of a registration administrative organ shall examine the case investigation results and make the following decisions under various circumstances:

(1) make a decision on administrative penalty according to the seriousness of circumstances and the actual situations where the violation of law subject to administrative penalty is actually committed;

(2) not impose an administrative penalty where the violation is minor and an administrative penalty may not be imposed according to law;

(3) not impose an administrative penalty where the facts on violation of law are not true; and

(4) transfer to a judicial authority where the violation is suspected of constituting a crime.
Where heavier penalties, such as suspension of operation within a prescribed time limit, deregistration, and penalty of a large amount of fines, are imposed in the case of complicated case circumstances or major violations of law, the person in charge of a registration administrative organ shall make a decision upon collective discussion.

Article 25 Where a registration administrative organ decides to impose an administrative penalty on a social organization, the registration administrative organ shall prepare a written decision on administrative penalty. The written decision on administrative penalty shall state the following items:

(1) the name or title, and address of the party;

(2) the facts and evidence on violation of laws, regulations, or rules;

(3) the category of and basis for administrative penalty;

(4) the method and time limit of performance of an administrative penalty;

(5) the way and time limit for applying for administrative reconsideration or filing an administrative lawsuit where the party refuses to accept the decision on administrative penalty; and

(6) the name of the registration administrative organ that makes the decision on administrative penalty and the date on which the decision is made.
The written decision on administrative penalty shall be affixed with the seal of the registration administrative organ that has made the decision on administrative penalty.

Article 26 The written decision on administrative penalty shall be delivered to the party on site after it is read, and the party shall note the date of receipt and affix his or its signature or seal to the acknowledgement of service. Where the party is not present on site, the written decision on administrative penalty shall be served upon the party within seven days according to these Provisions.

Chapter IV Execution of Administrative Penalties

Article 27 Where the party refuses to accept the decision on administrative penalty made by a registration administrative organ, and applies for administrative reconsideration or files an administrative lawsuit, the execution of the administrative penalty shall not be suspended, unless it is otherwise prescribed by the law.

Article 28 When a registration administrative organ imposes a fine penalty on the party, the registration administrative organ shall strictly implement the system of separating the decision on fines from the collection of fines. The registration administrative organ and case handling personnel may not collect fines without approval. The party shall pay fines at the designated bank within 15 days of receipt of the written decision on administrative penalty.

Article 29 The illegal properties that are confiscated according to law shall be handled in accordance with the relevant provisions of the state.

Article 30 Where the operation of a social organization is suspended within a time limit, the registration administrative organ shall seal the registration certificate (including the original and the duplicate), seal, and financial vouchers of the social organization. At the expiration of the term of operation suspension, the social organization shall submit a report on rectifications to the registration administrative organ.

Article 31 Where a registration administrative organ orders a social organization to replace the directly responsible person in charge according to law, the social organization shall execute such order within the time limit as prescribed by the registration administrative organ.

Article 32 Where a registration administrative organ makes a decision on deregistering a social organization, the registration administrative organ shall capture the registration certificate (including the original and the duplicate) and seal. Where the social organization refuses to turn in the registration certificate and seal or such registration certificate and seal could not be turned in, the registration administrative organ may make an announcement for declaring that such registration certification and seal are null and void.

Article 33 When the party fails to perform the decision on administrative penalty within the prescribed time limit, a registration administrative organ may adopt the following measures:

(1) where the party fails to pay fines within the prescribed time limit, an additional fine that is 3% of the amount of fines shall be imposed per day, the party shall be notified of the standards for additional fine, and the amount of additional fine may not exceed the amount of the original fines;

(2) an application for enforcement shall be filed with the people's court; or

(3) any other measure that is prescribed by law.

Chapter V Service

Article 34 When serving legal documents, the case handling personnel shall have the acknowledgement of service and the receiver shall note the date of receipt and affix his or its signature or seal to the acknowledgement of service.
The date of receipt signed by the receiver in the acknowledgment of service shall be the date of service.

Article 35 Legal documents shall be directly served upon the receiver, and such legal documents shall be signed by the legal representative, primary person in charge, or the addressee of the social organization to acknowledge the receipt of them; where the receiver has an agent, the legal documents may be served upon the agent; and where the receiver has designated a recipient that receives legal documents on its behalf to a registration administrative organ, such legal documents shall be served upon the recipient.

Article 36 Where the receiver refuses to sign to acknowledge the receipt of legal documents, the server shall invite the relevant basic-level organization or the representative of the entity with which the receiver works to be present on site, make statements, note the causes for refusal to receive such legal documents and the date on the acknowledgement of service, which is affixed with the signatures or seals of the server and witnesses, and leave such legal documents at the residence of the receiver, which is deemed that such legal documents have been served upon the receiver.
Where the relevant basic-level organization, the representative of the entity with which the receiver works, or other witness is not willing to affix its or his signature or seal to the acknowledgement of service, the server shall note the circumstances in the acknowledgement of service, and leave the service documents at the residence of the receiver, which is deemed as having been served.

Article 37 Where it is difficult to directly serve legal documents, the registration administrative organ that has jurisdiction may authorize other registration administrative organs to serve such legal documents on its behalf, or serve them by post. Where such legal documents are served by post, the date of receipt noted in the acknowledgement of service shall be the date of service.

Article 38 Where a legal document could not be served by other means that are prescribed in this Chapter, it shall be served by making an announcement. It is deemed that such legal document is served after 60 days of the date when an announcement is made. Where the legal document is served by means of announcement, the reasons and process shall be noted in the case file.

Chapter VI Case Conclusion and Filing

Article 39 A case shall be concluded under any of the following circumstances:

(1) the enforcement of a case of administrative penalty is completed;

(2) a decision on not imposing an administrative penalty is made;

(3) a decision that no administrative penalty shall be imposed is made; or

(4) a decision on transferring the case to a judicial authority is made.

Article 40 After the conclusion of a case, a registration administrative organ shall timely arrange and file the case materials according to the following requirements:

(1) one file shall be made for one case and the file may be divided into a principal file and an accessory file;

(2) various documents and evidence materials are complete and may not be damaged or forged; and

(3) case file materials shall be written by using pens, writing brushes, or sign pens.

Article 41 Materials in a file shall be arranged in the sequence that the written decision on penalty and the acknowledgement of service are placed at the front, and other materials are arranged according to the time sequence of case handling.
Examination and approval forms, such as the form for examination and approval of case-opening, and internal approval documents may be archived in the accessory file.
A table of contents shall be produced for materials in a file, and numbers shall be noted page by page.

Article 42 After case materials are filed, no one may add or draw case file materials without approval. No entity or individual may consult such case files without approval.

Chapter VII Supplementary Provisions

Article 43 All dates as mentioned in these Provisions refer to consecutive days unless they have been expressly specified as workdays.
The starting hour or day of a period shall not be counted in the period. The period shall not include the time en route. Where the expiration date of the period is a statutory holiday, the day immediately following the holiday shall be regarded as the expiration date.