The People's Republic of China Customs for a simple case of program administrative penalty provisions" was February 23, 2010 by the Customs Department Affairs Meeting, is hereby promulgated, April 1, 2010 shall come into force.
Director Sheng Guangzu
The People's Republic of China Customs procedures for handling simple cases the provisions of Administrative Punishment
Article go through the administrative penalty order to standardize customs procedures simple cases, according to the "PRC Administrative Punishment Law" (hereinafter referred to as "Administrative Punishment Law"), "The People's Republic of China Customs Law," "The People's Republic of China Customs Regulations on Administrative Punishment" ( hereinafter referred to as "Penalties") of this Regulation.
The second simple case is the customs line mail, courier, cargo management, supervision and bonded business scene as well as other customs supervision, statistical operations found in illegal facts are clear, minor offense, by the on-site investigations, administrative penalties issued by the spot this single case of violation of customs regulatory requirements.
Third simple case applies to the following cases:
(A) applies "Penalties" Article XV, two requirements for processing;
(B) applies "Punishments" Diershitiao to the provisions of Article 3 treatment;
(C) carrying currency violation of customs import and export regulatory requirements, the amount equivalent to less than 200,000 yuan;
(D) other cases of violation of the provisions of Customs control of goods less the value of 200,000 yuan, 50,000 yuan in value of the goods below.
Article IV procedures apply to cases of simple cases, the Customs shall inform the parties. The parties shall submit the documents required under the customs material.
Article procedures applicable to cases of simple cases, the Customs shall spot on file, immediate investigation and evidence gathering.
Article VI of the Customs-site investigations, should be informed on the spot and issued administrative penalty orders, and will inform the single administrative punishment by the party or his agent on the spot sign.
Meet the "Administrative Punishment Law," the thirty-third article of the simple cases, and issued administrative penalty may not tell one.
Article VII of the Customs decision on administrative punishment according to law or not administrative sanction, shall issue a written decision on administrative penalty or administrative penalty decision not to serve a party or his agent.
One of the following circumstances, the Customs may on the spot and issued a written decision on administrative penalty and the spot delivery to the parties, or their agents:
(A) The parties were informed of the facts on the ground and no-objection basis, and fill out the "give statements, defense, hearing rights declaration";
(B) the parties informed of the content of the customs statement, defense views, Customs will review the spot and the views of parties on the spot review no objection.
Article VIII procedures for cases of simple cases, the Customs shall within 5 working days after placing the administrative penalty and issued a written decision.