Rules of Shenzhen
Special Economic Zone on the Investigation and Punishment of the
Operation without
License
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(Adopted at the Sixth
Meeting of the Standing Committee of the Third Shenzhen
Municipal People'
s Congress on March 22, 2001.)
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Article
1
In order to maintain the normal economic order of Shenzhen
Special Economic Zone (hereinafter referred
to as Special Zone),
investigate and punish the operation without license, these
rules are formulated
in accordance with the provisions of laws
and regulations as well as the actual circumstances of Special
Zone. |
Article
2 "Operation without license"
referred to in these rules means the activities of arbitrarily
undertaking
operation at the fixed site without having been
approved and registered by the administrative department of
industry and commerce and having received the Business License. |
Operation
without license includes the following activities: |
(1)
arbitrarily undertaking operation without having been approved
and registered by the administrative
department of industry and
commerce in accordance with the law and having received the
Business
License; |
(2)
continuing the operation after the operator' s Business License
having been revoked by the competent
department for
registration; |
(3)
continuing the operation after the registration having been
cancelled; |
(4)
undertaking operation beyond the operating time limit checked
and approved by the competent
department for registration in
accordance with the law; |
(5)
undertaking operation with the Business License acquired by
renting, lending, transferring and
other illegal means; |
(6)
other circumstances stipulated by laws and regulations. |
Article
3 The administrative department of
industry and commerce is the competent department for
investigating
and punishing the operation without license. |
The
comprehensive law enforcement departments of the municipal and
district people' s government
exercise the functions and powers
of investigating and punishing the operation without license
within the scope stipulated by laws and regulations. |
Relevant
administrative departments for tax, public security, city
administration, land administration
and so on shall, together
with the administrative department of industry and commerce,
investigate
and punish the operation without license within the
scope of their respective functions and powers. |
Article
4 The investigation and
prosecution of the operation without license shall abide by the
principle
of combing the clampdown with persuasion and combing
the punishment with education. |
Article
5 The administrative department of
industry and commerce may exercise the following functions and
powers in investigating and prosecuting the operation without
license: |
(1)
to investigate and inquire the units and individuals relevant to
the operation without license; |
(2)
to look up and duplicate the materials of contracts, bills,
account books and so on relevant
to the operation without
license; |
(3)
to seal up and detain the materials, equipments, raw or
supplementary materials, products (commodities)
and so on
relevant to the operation without license; |
(4)
to sequester the business place for the operation without
license; |
(5)
other functions and powers stipulated by laws and regulations. |
Article
6 Sequestering the business place
for the operation without license according to the fourth
paragraph
of the proceeding article shall be under one of the
following circumstances: |
(1)
the business place for the operation without license is illegal
building; |
(2)
undertaking the production or operation that endangers the
personal health and public security; |
(3)
undertaking operation without license and causing certain
consequences; |
(4)
other circumstances stipulated by laws and regulations. |
Article
7 If the administrative law
enforcement personnel need to take or release the compulsory
measures
of sealing up, detainment and sequestration, etc, they
shall report to the persons in charge of the municipal or
district administrative department of industry and commerce in
written for approval according to
their duties and powers. |
Article
8 The period of taking the
measures of sealing up, detainment and sequestration shall not
exceed
10 days at the longest; Under special circumstances, with
an approval of the persons in charge of the municipal
administrative department of industry and commerce, the period
may be extended for 15 days. |
After
the parties having accepted the punishments, the measures of
sealing up, detainment and sequestration
shall be released
without delay. |
Article
9 When taking the measures of
sealing up or detainment, the law enforcement personnel shall
issue
the notice of sealing up or detainment and draw up
detailed list of properties on the spot, which shall be signed
or sealed by the parties. The enforcement personnel shall
deliver a copy to the parties. If the
parties refuse to sign or
seal, the notice and detailed list shall be signed and witnessed
by more
than 2 witnesses having no interests; If there are no
witnesses or the witnesses refuse to sign, more than 2 law
enforcement personnel may note the conditions in the notice and
detailed list. |
Article
10 The properties sealed up or
detained shall be the properties that have direct relations with
the
operation without license. If the properties are found
irrelevant to the operation without license, the competent
department shall release the sealing up or detainment without
delay and serve the notice of releasing
the sealing up or
detainment to the parties. |
Article
11 When the administrative department of industry and commerce takes the
compulsory measures of sealing up, detainment
and sequestration,
it shall seal the properties with the paper strip.
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The
properties sealed up or detained shall be under safekeeping and
are prohibited to be used, exchanged
or destroyed. |
For
the articles sealed up or detained that are liable to be putrid,
deteriorated and other articles
that are difficult or unsuitable
to preserve, after extracting the evidences, the administrative
department of industry and commerce may auction, sell off or
take other measures to handle carefully and skillfully
in
advance according to law. |
Article
12 For the operators without
license, the administrative department of industry and commerce
shall
order them to stop the operating activities and impose the
following punishments according to different circumstances: |
(1)
to impose a fine. The party that undertakes operation without
license in the name of company
shall be imposed a fine more than
20,000 yuan but less than 100,000 yuan; The party that
undertakes
operation without license in the name of partnership
enterprise shall be imposed a fine more than 500 yuan but less
than 5,000 yuan; The party that undertakes operation without
license in the name of enterprise
owned by an individual
investor or in the name of individual business shall be imposed
a fine more
than 500 yuan but less than 3,000 yuan; Other
operators without license shall be imposed a fine more than
5,000 yuan but less than 20,000 yuan; |
(2)
to confiscate the illegal gains; |
(3)
in case the party who refuses to accept the decisions of
stopping the operating activities,
its materials, equipments,
tools, raw or supplementary materials, products (commodities),
and other
properties relevant to operation without license may
also be confiscated; |
The
preceding punishments may be imposed separately or jointly. |
Article
13 For the parties that provide
the Business License of Enterprise to the operators without
license
by the means of renting, lending or transferring, the
administrative department of industry and commerce shall
confiscate the illegal gains and impose a fine more than 10,000
yuan but less than 30,000 yuan. |
For
the parties who provide the Business License of Individual
Business for the operators without
license by the means of
renting, lending or transferring, the administrative department
of industry
and commerce shall confiscate the illegal gains and
impose a fine more than 500 yuan but less than 20,000 yuan. |
Article
14 For the parties that provide
relevant certificates, contracts, bills or bank accounts for the
operators
without license, the administrative department of
industry and commerce shall order them to rectify their
activities within a prescribed time limit; If the parties fail
to rectify their activities delinquently,
the administrative
department of industry and commerce shall confiscate the illegal
gains and may
impose a fine less than 20,000 yuan. |
For
the parties that provide the equipments, tools, raw and
supplementary materials, places of business
and other operating
conditions for the operators without license, the administrative
department
of industry and commerce shall order them to rectify
their activities within a prescribed time limit; If the parties
fail to rectify their activities delinquently, the
administrative department of industry and commerce
shall
confiscate the illegal gains and may impose a fine less than
20,000 yuan. |
Article
15 If the parties move, exchange
or transfer the properties sealed up according to law, the
administrative
department of industry and commerce shall order
them to hand the properties over within a prescribed time limit
and impose a fine more than 10 percents but less than 20
percents of the value of the moved, exchanged
or transferred
properties; If the parties fail to hand the properties over
within a prescribed
time limit, they shall be imposed a fine
more than one time but less than 2 times of the value of the
employed, exchanged or transferred properties. |
Article
16 For the parties who demolish
the seals arbitrarily, besiege or beat up the law enforcement
officials,
and resist or hinder the performance of the official
business, the public security organization shall impose
punishments to them according to the Regulations of the
People' s Republic of China on Punishments
in Public Order and
Security Administration. If the circumstances are serious and
constitute crimes,
the judicial organization shall prosecute
their criminal responsibilities in accordance with law. |
Article
17 If the parties are not
satisfied with the decisions of administrative punishment or
administrative
compulsory measures, they may apply for
administrative appeal or file administrative lawsuits. |
Article
18 If the parties refuse to
fulfill the decisions of administrative punishment that have
come into
effect, the administrative department of industry and
commerce may auction the properties sealed up or detained
to
offset the fine, or apply for coercive execution to the
people' s court according to law. |
Article
19 The administrative department
of industry and commerce and its detached offices shall
strengthen
the investigation and punishment of the operation
without license within their administrative areas. If they find
out there exists operation without license but fail to
investigate or punish or are slake in their
work, the superior
or relevant departments shall circulate a notice of criticism to
the persons
in charge of the administration of industry and
commerce of their administrative areas, until give
administrative sanctions to the competent leaders and the
persons in charge. |
For
the persons who take bribes and bend the law, neglect duties,
play favouritism and commit irregularities,
as well as abuse
their powers, relevant departments shall give them
administrative sanctions; If
the circumstances constitute
crimes, they shall be prosecuted the criminal responsibilities
according
to law. If losses are caused to the party, they shall
compensate according to law. |
Article
20 These rules shall go into
effect as of July 1, 2001. |
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