Procedures of Shanghai Municipality on the Administration of Chop and Seal Engraving Business for Public Security Purpose

[Home] [Databases] [WorldLII] [Search] [Feedback]
Laws of the Shanghai Province

You are here: AsianLII >> Databases >> Laws of the Shanghai Province >> Procedures of Shanghai Municipality on the Administration of Chop and Seal Engraving Business for Public Security Purpose

[Database Search] [Name Search] [Noteup] [Help]

Procedures of Shanghai Municipality on the Administration of Chop and Seal Engraving Business for Public Security Purpose

Procedures of Shanghai Municipality on the Administration of Chop and Seal Engraving Business for Public Security Purpose

(Promulgated by Decree No. 57 of Shanghai Municipal People's Government on June 8, 1998)

     Article 1 (Purpose and Basis)
     With a view to strengthening the administration of chop and seal engraving businesses in Shanghai, to promoting the healthy development of chop and seal engraving business, and to maintaining and safeguarding public order, these Procedures are formulated in accordance with the Regulations of Shanghai Municipality on the Administration of Public Security in Special Trades and Public Places.
     Article 2 (Scope of Application)
     These Procedures are applicable to the chop and seal engraving units and self-employed workers as well as the units and individual persons that are in need of engraving chop and seal in this Municipality.
     Article 3 (Competent Administrative Department)
     The Municipal Public Security Bureau is the competent administrative department in charge of the administration of chop and seal engraving business for public security purpose in this Municipality. The district and county public security departments are responsible for the administration of chop and seal engraving business for public security purpose within their jurisdiction.
     Article 4 (Duties of the Related Departments)
     The administrative departments of industry and commerce, tax and price control in this Municipality shall, according to their respective duties, assist the public security departments in the administration of chop and seal engraving business for public security purpose.
     Article 5 (Duties of Trade Association)
     The Shanghai Municipal Chop and Seal Engraving Trade Association shall assist the public security departments in the administration of chop and seal engraving business for public security purpose.
     Article 6 (License System)
     Special Trade License System is practiced in chop and seal engraving business in this municipality.
     Anyone who does not get the Special Trade License of Shanghai Municipality (hereinafter referred to as the License) shall not be allowed to operate the chop and seal engraving business.
     It is prohibited to set up chop and seal engraving stalls outside the places checked and ratified by the License.
     Article 7 (Prerequisites for Applying the License of Ordinary Chop and Seal Engraving Business)
     Any unit or self-employed worker who applies for an ordinary chop and seal engraving business license shall meet the following requirements:
     1. Having a fixed place of business;
     2. The layout and the facilities of the place of business spots meeting the requirements of administration for public security;
     3. Having qualifications conforming to the stipulations of the Shanghai Municipal Chop and Seal Engraving Association;
     4. Having an internal management system conforming to the stipulations of administration for public security;
     5. Having a well-qualified legal representative and responsible managerial person in the unit.
     Article 8 (Special Prerequisites of Legal Representative and the Responsible Managerial Person)
     Any of the following kinds of persons is prohibited to hold the position of the legal representative or responsible managerial person of a unit operating the chop and seal engraving business, or to apply to run a self-employed chop and seal engraving business:
     1. The legal representative and the responsible managerial person of chop and seal engraving units or the self-employed worker whose License has been revoked but less than 3 years;
     2. The person convicted of the crime against state security, the crime against public security, the crime of disrupting the economic order of the socialist market, the crime against property, the crime against the order of social administration, or the crime of corruption and bribery, and sentenced to criminal penalty, and whose execution of the term of criminal penalty completed for less than 5 years.
     3. In-service personnel of state organs.
     Article 9 (Requirements of Employees)
     The employees in the units or self-employed workers operating the chop and seal engraving business shall be persons that hold the legal identification card or legal working certificate. Personnel from abroad shall also meet other conditions stipulated by the State and this Municipality.
     Article 10 (Prerequisites for Applying for the License of Official Seal Engraving Business)
     The units that apply for the operation of official seal engraving business shall, apart from observing the stipulations of Article 7 of these Procedures, also meet the following requirements:
     1. Having operated for more than 3 years the ordinary seal engraving business, and having passed the annual examination and verification conducted by the public security department in the last 3 years;
     2. Personnel engaged in the official seal engraving business being the permanent residents of this municipality;
     3. Having special premises and facilities for official seal engraving.
     No one shall be allowed to operate official seal engraving business without the permission of the public security department.
     Article 11 (Procedures of Application and Examination and Approval)
     Any unit or self-employed worker who needs to operate chop and seal engraving business shall submit a written application to the relevant district or county public security department.
     The public security department shall complete the examination and verification within 30 days upon receiving the application. If the application requests also the permission to operate the official seal engraving business, the district or the county public security department shall make its preliminary examination suggestions, and put them forwards to the Municipal Public Security Bureau for examination and approval. The Municipal Public Security Bureau shall complete the examination and verification within 10 days upon receiving the preliminary examination suggestions. The applicant-unit or the applicant-self-employed worker that is qualified shall be issued a license by the district or the county public security department; the one that is not qualified shall be given a written notice by the district or the county public security department.
     It is prohibited to lend, lease, transfer, duplicate, alter and forge the License.
     Article 12 (Procedures for Changes)
     When the unit or self-employed worker operating the chop and seal engraving business changes the mode and scope of business, the name of the unit or firm, the address of the business, the approved layout of the facilities, the legal representative or responsible managerial person , a report shall be put forwards to the public security department that issued the original license for record within 15 days since the date of change.
     Article 13 (Annual Examination System)
     An annual examination system is practiced on the management of the license. Those who hold the License are subject to the annual examination and verification by the public security department that issued the original license.
     Article 14 (Stipulations for the Manufacturing and the Sale of Special Chop and Seal Engraving Facilities)
     Units of this city that manufacture and sell special chop and seal engraving facilities shall report to the Municipal Public Security Bureau for record.
     When the facilities for making special chops and seals are sold, the License of the purchase units or the self-employed workers shall be checked, and the sale of the facilities for making special chops and seals shall be registered and kept on file for reference for 3 years.
     Article 15 (Stipulations for Purchasing the Facilities for Making Special Chops and Seals)
     The unit or the self-employed worker that needs to purchase the facilities for making special chops and seals shall get the approval from the Municipal Public Security Bureau, and shall then with the License buy the facilities from the unit or self-employed worker that operates the business of selling the facilities for making special chops and seals.
     Article 16 (Engraving of Ordinary Chops and Seals)
     The unit or the self-employed worker that is engaged in the chop and seal engraving business shall check the customer's reference letters or the relevant identifications issued by the unit that entrusts the engraving of the chops and seals, when undertaking the engraving of accounting items stamp or other chops or seals. The unit or the self-employed worker shall examine the customer's identification card, when undertaking the engraving of name chops or artistic seals. The unit or the self-employed worker that is engaged in the chop and seal engraving business shall register the results of examination and keep them on file for reference for 3 years.
     Article 17 (Engraving of Official Seals)
     Any unit or self-employed worker that needs to have an official seal engraved shall, with the certificate issued by the competent departments or the business license issued by the administrative departments of industry and commerce, apply to the public security department. A permission shall be obtained for official seal engraving after the application is examined and approved by the public security department; and with the permission, the official seal shall be engraved within designated time by the chop and seal engraving units.
     The examination and approval of seal engraving shall be administered by the public security department of both the municipal and the district or county level. The specific procedures shall be otherwise stipulated by the Municipal Public Security Bureau.
     Article 18 (Prohibited Acts)
     Any unit or self-employed worker that needs to have an official seal engraved shall have the official seal engraved in accordance with the content permitted in the certificate of official seals engraving. Any one of the following behaviors is prohibited:
     1. to have the official seals engraved at the unauthorized seal engraving units;
     2. to gain the certificate of official seal engraving through cheating, or to alter or to forge the certificate of official seal engraving;
     3. to alter the specifications, pattern, words and quantity of the official seals without authorization.
     Article 19 (Change of Official Seals)
     Units or self-employed workers that need to change their official seals shall return their official seals to the public security departments that issued the permission, and go through formalities of re-engraving official seals according to Section 1 of Article 17.
     Article 20 (Re-engraving of Lost or Stolen Official Seals)
     Any unit or self-employed worker whose official seal has been lost or stolen shall report the fact to the public security department that issued the permission and, with the certificate of loss and theft issued by the public security department, go through formalities of having the official seal re-engraved according to Section 1 of Article 17.
     Article 21 (Stipulations for Those Who Undertake the Official Seal Engraving)
     Units that undertake the official seal engraving shall abide by the following stipulations:
     1. to check the certificate of official seal engraving, and register the name of the unit or the self-employed worker that entrust the engraving of the official seal, the name of the legal representative and the person who handles the transaction, and then engrave the official seals according to the designated words, pattern, quantity and specifications;
     2. to perfect the management system of registering, manufacturing, safekeeping, picking up goods and filing;
     3. to assign a special person to safekeep the discarded official seals and destroy them under the supervision of the public security department;
     4. to hand over to the public security department after registration the engraved official seals that are not picked up 30 days after the time limit for picking up;
     5. to make regular report to the public security department about the engraving of official seals.
     The official seals engraving business operating units that use the computer system to manage the examining, approving, and engraving of the official seal shall operate according to the software organized and designed by the Municipal Public Security Bureau in examining and approving the official seal engraving and in the management of computer information systems. No one shall change computer management procedures without authorization.
     Article 22 (Duties of the Chop and Seal Engraving units and the Employees)
     The units and self-employed workers that operate the chop and seal engraving business, and their employees shall abide by the provisions on the administration of public security set by the State and this municipality.
     The units and the self-employed workers that operate the chop and seal engraving business shall immediately report to the public security department when they discover any illegal acts or unlawful or criminal activities, suspects who are violating the law or committing a crime, or doubtful objects in their places of business.
     Article 23 (System of Duty to be Alert for Public Security)
     The System of Duty to be Alert for Public Security is practiced in chop and seal engraving business in this Municipality.
     The legal representative or the responsible person of a chop and seal engraving unit is the person in charge of the public security of the unit.
     The operator of a self-employed chop and seal engraving business is the person in charge of the public security of this business.
     The persons in charge of the public security shall perform the duties stipulated by laws and regulations.
     Article 24 (Legal Liability)
     Any unit, self-employed worker, or individual person that violates these Procedures shall be ordered by the public security department to rectify the wrongdoing within a time limit, and shall be punished according to the following stipulations:
     1. any one who violates Section 2 and Section 3 of Article 6 and Section 2 of Article 10 shall be banned, whose unlawful gains, seal engraving materials and tools shall be confiscated, and meanwhile a fine of between 1,000 yuan and 10,000 yuan will be imposed; in serious cases, a fine of between 10,000 yuan and 100,000 yuan shall be imposed;
     2. any one who violates Article 9 shall be ordered to dismiss the employees within a definite time limit and a fine of between 500 yuan and 2,000 yuan shall be imposed for each person wrongfully employed;
     3. any one who violates Section 3 of Article 11, Article 12 and Article 13 shall be given a disciplinary warning, and a fine of between 1,000 yuan and 10,000 yuan shall be imposed; in serious cases, the License shall be revoked;
     4. any one who violates Article 14 shall be given a warning, and a fine of between 1,000 yuan and 10,000 yuan shall be imposed; and in serious cases, a fine of between 10,000 yuan and 100,000 yuan shall be imposed, and the unit may be ordered to suspend its operation for reorganization;
     5. any one who violates Article 15 shall be confiscated of the special seal engraving materials and be given a warning, and a fine of between 1,000 yuan and 10,000 yuan shall be imposed; in serious cases, a fine of between 10,000 yuan and 100,000 yuan shall be imposed, and the unit or the self-employed worker may be ordered to suspend its operation for reorganization, and the License may be revoked;
     6. any one who violates Article 16 shall be given a warning and a fine of between 1,000 yuan and 10,000 yuan shall be imposed;
     7. any one who violates Section 1 of Article 17, Article 18 and Article 19 shall be ordered to hand in for cancellation its/his official seal, be given a warning and a fine of between 500 yuan and 1,000 yuan shall be imposed;
     8. any one who violates Item 1 of Section 1 of Article 21 shall be given a warning, and a fine of between 1,000 yuan and 10,000 yuan shall be imposed; in serious cases, a fine of between 10,000 yuan and 100,000 yuan shall be imposed, and the unit may be ordered to suspend its operation and the License shall be revoked;
     9. any one who violates Items 2, Item 3, Item 4 and Item 5 of Section 1 of Article 21 and Section 2 of Article 21 shall be given a warning, and a fine of between 1,000 yuan and 10,000 yuan shall be imposed; in serious cases, a fine of between 10,000 yuan and 30,000 yuan shall be imposed;
     10. any one who violates Section 2 of Article 22 shall be given a warning, and a fine of between 1,000 yuan and 10,000 yuan shall be imposed; in serious cases, the unit or the self-employed worker may be ordered to suspend its operation and its License shall be revoked.
     Any one who violates these Procedures and deserves a public security punishment shall be punished by the public security department according to the Regulations of the People' s Republic of China on Public Security Administration and Imposition. If the wrongdoing constitutes a crime, the wrongdoer shall be prosecuted for his criminal liability.
     Article 25 (Restriction Imposed After Revocation of the License)
     Any one whose License has been revoked due to violation of these Procedures shall not be allowed to apply to the public security department for permission to operate shop and seal engraving business again within 5 years.
     Article 26 (Sending of Copies of Notice)
     The public security department shall send to every relevant administrative department a copy of the punishment decision within 7 days after it has made the decision to revoke the License.
     Article 27 (Duties of Law Enforcement Officials)
     The public security officials shall carry people's police credentials, and present the Shanghai Municipal Public Security Bureau Inspection Certificate (for public order) uniformly printed by the Shanghai Municipal Public Security Bureau when inspecting any chop and seal engraving business. The unit, self-employed worker and individual person being inspected shall not obstruct or refuse inspection. If the public security officials violate the above stipulations, the one being inspected has the right to refuse inspection.
     Article 28 (Penalty Procedures)
     The public security department shall issue a Notice of Decision on Imposition of Administrative Punishment when enforcing administrative punishment. A fine and confiscation receipt uniformly printed by the municipal finance department shall be given when confiscating money or materials.
     The money received as fine or the materials confiscated shall be turned over to the state treasury according to the stipulations.
     Article 29 (Reconsideration and Administrative Litigation)
     If the party concerned refuses to obey the concrete administrative act of the public security department, the party may apply for an administrative reconsideration or bring an administrative litigation according to the Regulations on Administrative Reconsideration and the Administrative Litigation Law of the People's Republic of China.
     If the party concerned neither applies for reconsideration, nor institutes an action at law, and fails to perform the concrete administrative act, the department that has made the concrete administrative act may apply to the people's court for enforcement according to the Administrative Litigation Law of the People's Republic of China.
     Article 30 (Investigation of the Wrongful Acts of the Enforcement Officials)
     The public security officials shall observe the discipline and abide by the law. Those who neglect their duties, abuse their power, practice favoritism or commit fraudulence, ask for or take bribery and pervert the law in enforcement, shall be given an administrative punishment by the unit to which he belongs or the higher competent department; those whose acts constitute a crime should be prosecuted for their criminal liability.
     Article 31 (Interpretations of the Related Words)
     The official seals referred to in these Procedures are the engraving of the seals bearing the names of the units.
     The special seal engraving facilities referred to in these Procedures are the laser engraving facilities used in engraving official seals, photoelectric engraving facilities, atomic seal engraving facilities and computer software and other relevant accessory facilities used specifically for the chop and seal engraving.
     Article 32 (Department Responsible for Interpretation in Application)
     The Municipal Public Security Bureau shall be responsible for the interpretation of the concrete application of the present Procedures.
     Article 33 (Date of Implementation)
     These Procedures shall become effective on October 1, 1998. If any provision of the Provisions of Shanghai Municipality on the Administration of Printing, Casting and Engraving Business approved by Shanghai Municipal People's Government on August 6, 1981 is inconsistent with the present Procedures, the present Procedures shall prevail.

AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/sh/laws/posmotaocasebfpsp1143