Decree of Shanghai Municipal People's Government
The Procedures of the Administration of Shanghai Municipality Administrative Law Enforcement Certificate were adopted at the 153rd Routine Meeting of the Municipal People's Government on September 17, 2012, and are hereby promulgated. They shall be effective as of November 1, 2012.
Mayor: Han Zheng
September 24, 2012
Procedures of the Administration of Shanghai Municipality Administrative Law Enforcement Certificate
(Promulgated by Decree No. 88 of Shanghai Municipal People's Government on September 24, 2012)
|Article 1 (Purposes)|
With a view to strengthening the administration of the administrative law enforcement certificate, specifying administrative law enforcement, and improving the regulatory environment in this Municipality, these Procedures are formulated in the light of its actual circumstances in accordance with the provisions of relevant laws, rules and regulations.
| || 第一条 （目的）|
|Article 2 (Application Scope)|
These Procedures apply to the application, issuance, use and supervision of Shanghai Municipality Administrative Law Enforcement Certificate (hereinafter referred to as the Law Enforcement Certificate).
| || 第二条 （适用范围）|
|Article 3 (Definition of the Law Enforcement Certificate)|
The Law Enforcement Certificate in these Procedures refers to the certificate (which is) issued in the name of the municipal or district/county people's government to verify its holder's right of administrative law enforcement.
| || 第三条 （《执法证》的含义）|
|Article 4 (Contents of the Law Enforcement Certificate)|
The Administrative Law Enforcement Certificate shall state clearly the following:
1. name of the holder;
2. name of the law enforcement agency;
3. type and region of law enforcement;
4. issuing department;
5. certificate number; and
6. validity period.
The Law Enforcement Certificate shall be stamped with the Special Seal of Shanghai Municipal People's Government for the Administrative Law Enforcement Certificate.
| || 第四条 （《执法证》的内容）|
|Article 5 (Implementing Department)|
The Legislative Affairs Office of Shanghai Municipal People's Government (hereinafter referred to as the "LAO of the Municipal People's Government") shall be responsible for supervising and administrating the approval, printing, making, issuance and use of the Law Enforcement Certificate in the whole Municipality.
The legal affairs offices of district/county people's governments (hereinafter referred to as the LAOs of district/county people's governments) shall be responsible for supervising and administrating the preliminary approval and use of the Law Enforcement Certificate in their own jurisdictions.
| || 第五条 （实施部门）|
|Article 6 (Duties of Administrative Law Enforcement Units)|
The units that have the function of administrative law enforcement as provided for by laws, rules or regulations (hereinafter referred to as the "administrative law enforcement units") shall fulfill the following duties:
1. being responsible for the application of the Law Enforcement Certificate for their own units or other units in their own systems;
2. being responsible for the daily management of the use of the Law Enforcement Certificate by their own units or other units in their own systems; and
3. being responsible for the qualifications and information of the staff of their own units or other units in their own systems.
| || 第六条 （行政执法单位的职责）|
|Article 7 (Informatization of the Law Enforcement Certificate)|
This Municipality shall establish an information management system of law enforcement enforcers of Shanghai Municipality (hereinafter referred to as the "information management system") to conduct the informatization of the Law Enforcement Certificate.
The LAO and the commission department of the Municipal People's Government shall establish an information inquiry system for the law enforcement institutions and their staff members. The LAO of the Municipal People's Government shall, during the process of handling the application for the Law Enforcement Certificate, review the information of the staff of the administrative law enforcement institutions.
| || 第七条 （《执法证》管理信息化）|
|Article 8 (Missions that Require the Law Enforcement Certificate)|
An administrative law enforcement unit shall apply for the Law Enforcement Certificate for its staff members who are to carry out the following missions in administrative law enforcement:
1. administrative penalty;
2. administrative coercion;
3. administrative inspection; and
4. other missions that require the administrative enforcement certificate by law.
| || 第八条 （需申领《执法证》的范围）|
|Article 9 (Stipulations for Cases of Law Enforcement)|
The LAO of the Municipal People's Government shall be responsible for preparing the catalogue of law enforcement cases.
Where an administrative law enforcement unit applies for the Law Enforcement Certificate, it shall fill in an application form for law enforcement in one or more cases within its statutory power in a standard way according to the catalogue of law enforcement cases.
| || 第九条 （执法种类的规范）|
|Article 10 (Requirements for Application)|
| || 第十条 （申领条件）|
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