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|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:
| || 第四条 （《执法证》的内容）|
|1. name of the holder;|| ||（一）持有人员姓名；|
|2. name of the law enforcement agency;|| ||（二）执法机构名称；|
|3. type and region of law enforcement;|| ||（三）执法种类及执法区域；|
|4. issuing department;|| ||（四）发证机关；|
|5. certificate number; and|| ||（五）证件编号；|
|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.
|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:
| || 第六条 （行政执法单位的职责）|
|1. being responsible for the application of the Law Enforcement Certificate for their own units or other units in their own systems;|| ||（一）负责本单位或者本系统《执法证》的申领；|
|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|| ||（二）负责本单位或者本系统《执法证》使用的日常管理；|
|3. being responsible for the qualifications and information of the staff of their own units or other units in their own systems.|| ||（三）负责本单位或者本系统行政执法人员资质和信息的管理。|
|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:
| || 第八条 （需申领《执法证》的范围）|
|1. administrative penalty;|| ||（一）行政处罚；|
|2. administrative coercion;|| ||（二）行政强制；|
|3. administrative inspection; and|| ||（三）行政检查；|
|4. other missions that require the administrative enforcement certificate by law.|| ||（四）需要依法出示执法证件的其他行政执法活动。|
|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)|
The person who can obtain the Law Enforcement Certificate shall meet the following requirements:
| || 第十条 （申领条件）|
|1. being a regular staff member of an administrative law enforcement unit; and|| ||（一）为行政执法单位正式在编人员；|
|2. having received training in basic legal knowledge and passed relevant examinations.|
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