Comments On The Provisions Of The Ministry Of Commerce On The Procedures For Business Administration Punishment

Business administration has been released recently by the Ministry of Commerce. punish The procedural provisions (Trial Implementation) (hereinafter referred to as the "Regulations") stipulate that those who are ordered to suspend production or suspend business, suspend, cancel or revoke licenses, certificates, etc. shall pay more than 5000 yuan to citizens. fine The decision of administrative penalty for a legal person or other organization to impose a fine of more than 50 thousand yuan shall be held by the competent commercial department. Hearing Program.

According to the provisions, if a party asks for a hearing, he shall submit written materials for application hearing within 3 days after receiving the notice of advance notice of business administrative punishment. The hearing fee is not borne by the parties concerned. If a party requests a hearing and complies with the regulations, the competent commercial department shall organize a hearing within 30 days after receiving the application of the hearing material, and notify the parties in the form of the notice of business administration penalty hearing 7 days before the hearing is held, and hold the hearing time, place, hearing personnel and related matters.

If a party requests a hearing and submit written materials for application hearing within a specified time, the competent commercial department shall not make any administrative penalty unless he hears the hearing in accordance with the law.

The regulation also stipulates that the law enforcement officers of the competent commercial departments (hereinafter referred to as law enforcement officers) shall carry out on-site inspection, investigation and evidence collection activities, etc., and shall not be less than two persons. They shall abide by the twenty-third provisions of this regulation and produce the law enforcement certificates to the parties or related personnel.