This Law stipulates the administrative sanctions and administrative handling measures.

Principles for handling administrative violations

1. Principles for sanctioning administrative violations include:

a) All administrative violations must be detected and stopped in time and handled strictly and clearly, all consequences caused by administrative violations must be overcome strictly according to law provisions;

b) The sanction of administrative violations must be conducted fast, with publicity, objective and proper competence, ensure fairness, in accordance to law provisions.

c) The sanction of administrative violations must be based on the nature, seriousness, consequences of the violations, the subjects of violations and the extenuating as well as aggravating circumstances;

d) The sanction of administrative violations shall be conducted for only administrative violations regulated by the law.

An act of administrative violation shall be sanctioned only once.

If many persons commit the same act of administrative violation, each of the violators shall be sanctioned.

If a person commits many acts of administrative violation, or administrative violation in many times he/she shall be sanctioned for each act of violation.

dd) The persons competent to sanction are responsible for proving administrative violations. Sanctioned individuals or organizations can self-prove or be proved by their legal representatives that they do not commit acts of administrative violations;

e) For the same act of administrative violations, the fine levels for organizations are equal to 02 times compared with the fine levels for individuals.

2. Principles for application of administrative handling measures include:

a) Individuals shall be subject to the application of other administrative handling measures only if they belong to one of the subjects prescribed in Articles 90, 92, 94 and 96 of this Law;

b) The application of administrative handling measures must be carried out as regulated in point b, clause 1 of this Article;

c) Decision on the time limits for application of administrative handling measures must be based on the nature, level, consequences of the violations, the personal identity of the violators and the extenuating as well as aggravating circumstances;

d) The persons competent to application of administrative handling measures are responsible for proving administrative violations. Individuals subject to the administrative handling measures can self-prove or through their legal representatives to be proved that they do not commit acts of administrative violation;

 This Law takes effect on July 01, 2013; except for provisions relating to application of administrative handling measures which considered and decided by People’s Court shall take effect on January 01, 2014.

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