中厅、国办关于转发《财政部、国家计委、监察部、公安部、高检、
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(June 19, 1998) In order to do a good job in the administration of administrative charges and incomes from fines and confiscations by separating receipts and expenditures as two lines in departments of public security, procuratorates, courts and administrative departments for industry and commerce, and with the consent of the CPC Central Committee and the State Council, we hereby transmit to you Provisions of the Ministry of Finance, the Development Planning Commission, the Ministry of Supervision, the Ministry of Public Security, the Supreme People's Procuratorate, the Supreme People's Court and the State Administration for Industry and Commerce on Strengthening the Administration of Administrative Charges and Incomes from Fines and Confiscations by Separating Receipts and Expenditures as Two Lines in Departments of Public Security, Procuratorates, Courts and Administrative Departments for Industry and Commerce (hereinafter referred to as "Provisions"), which you are required to observe and implement. Administrative charges and incomes from fines and confiscations collected by departments of public security, procuratorates, courts and administrative departments for industry and commerce in accordance with state laws, regulations and rules with legal effect should be all included in state financial capital. The administration of administrative charges and incomes from fines and confiscations should be strengthened so as to help govern by law and enforce laws fairly, help prevent and check corruption at the source and promote the building of a hardworking and honest government, help build up a contingent of high quality personnel responsible for enforcing laws and maintaining disciplines, and help improve financial distribution structure, promote the increase of state revenue and improve the utilization of financial capital. Party committees and governments at all levels should seek further unity of their thinking, proceed with the general interest of the country and the people, place on top of their agendas the strengthening of the administration of administrative charges and incomes from fines and confiscations, exercise leadership conscientiously and ensure coordinated and cooperative work among departments. Departments at all levels for finance, planning (price control), discipline inspection and supervision, public security, and procuratorates, courts, and departments for administration of industry and commerce should implement the Provisions in real earnest under the leadership of party committees and governments. Governments at all levels and their subordinate departments should not set norms of fees and fines for judicial organs and administrative departments for law enforcement; the offenders shall be imposed disciplinary sanctions. The Ministry of Public Security, the Supreme People's Procuratorate, the Supreme People's Court and the State Administration for Industry and Commerce should formulate rules for implementation of the Provisions by following out the spirit. Department at all levels for finance, planning (price control) and discipline inspection and supervision should exercise supervision and inspection of the implementation of the Provisions. If the Provisions are violated, departments of the party for discipline inspection and administrative supervision departments should investigate the person(s) responsible in charge and leaders concerned for responsibilities according to the seriousness of circumstances and even impose upon them party or government disciplinary sanctions. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. APPENDIX: PROVISIONS OF THE MINISTRY OF FINANCE, THE DEVELOPMENT PLANNING COMMISSION, THE MINISTRY OF SUPERVISION, THE MINISTRY OF PUBLIC SECURITY, THE SUPREME PEOPLE'S PROCURATORATE, THE SUPREME PEOPLE'S COURT AND THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON STRENGTHENING THE ADMINISTRATION OF ADMINISTRATIVE CHARGES AND INCOMES FROM FINES AND CONFISCATIONS BY SEPARATING RECEIPTS AND EXPENDITURES AS TWO LINES IN DEPARTMENTS OF PUBLIC SECURITY, PROCURATORATES, COURTS AND ADMINISTRATIVE DEPARTMENTS FOR INDUSTRY AND COMMERCE In order to better the administration of administrative charges, litigation charges (the two uniformly referred to hereinafter as "administrative charges") and incomes from fines and confiscations by separating receipts and expenditures as two lines in departments of public security, procuratorates, courts and administrative departments for industry and commerce (hereinafter referred to as "judicial organs and administrative departments for industry and commerce"), in the spirit of instructions from the CPC Central Committee and the State Council, and in accordance with laws and regulations such as the Budget Law of the People's Republic of China, the Decision of the State Council on Strengthening the Administration of Non-budgetary Funds, Measures for Separating Penalty Decision from Penalty Payment, Rules Governing Financial Affairs of Administrative Organs and Provisions Concerning Practising Budgetary Administration to Administrative Charges and Incomes from Fines and Confiscations, we hereby circulate some points of this matter as follows: 1. Practising Strict Procedures for Examination and Approval of Projects for Administrative Charges. Projects and standards for administrative charges in judicial organs and administrative departments for industry and commerce must be determined in strict accordance with relevant provisions stipulated by the CPC Central Committee and the State Council. Without authorization no department or unit may work out projects for administrative charges and heighten charging standards. This document includes an appendix presenting a catalogue of projects for administrative charges having been approved by the state (See the Appendix). Those administrative charges to be levied upon enterprises and farmers should be collected according to the provisions of the Decision of the CPC Central Committee and the State Council on Curbing Acts of Indiscriminately Levying Fees, Fines on Enterprises or Transferring Resources from Enterprises in various forms of Apportionment, the Decision of the CPC Central Committee and the State Council on Doing Practical Things for Lightening Farmers' Burden and Regulations Governing Fees and Labour Undertaken by Farmers. Measures for collecting litigation charges by courts shall be revised according to legal procedures by the Supreme People's Court in conjunction with the Ministry of Finance and the Development Planning Commission; measures for managing litigation charges be revised by the Supreme People's Court in conjunction with the Ministry of Finance. Divisions in charge of financial affairs in judicial organs and administrative departments for industry and commerce shall hold the whole responsibility for application for working out or changing projects or standards for administrative charges and formulation of measures of management in their respective units. 2. Strengthening the Control of Invoices and Strictly Enforcing Provisions for Separating Penalty Decision from Penalty Payment. Judicial organs and administrative departments for industry and commerce at all levels shall fill out invoices uniformly printed by or printed under supervision of the financial department of central authority or of provincial government in collecting their all kinds of fees or fines; if they fail to do so, they will be deemed as illegal levying of fees or fines. Invoices for collecting fees or fines will be taken out from financial departments by divisions in charge of financial affairs in units responsible for collecting fees or fines. The Law of the People's Republic of China on Administrative Penalty and the Provisions for Separating Penalty Decision from Penalty Payment promulgated by the State Council shall be carried out resolutely in collecting all kinds of administrative charges. In cases where penalty decision should be separated from penalty payment as required by state provisions, the party involved must pay fines at the agencies authorized by the financial department by presenting the written decision on administrative penalty. In cases where fines may be collected on the spot according to state provisions, invoices for collecting fines which are made uniformly by the financial department of the province, autonomous region or municipality directly under the Central Government must be issued to the party involved and the use of all other invoices shall be prohibited. Courts and procuratorates shall implement the above-mentioned provisions in imposing fines upon parties. Much efforts shall be required to practise the system of separating the collection from the payment of administrative charges in order to gradually attain the goal that units in charge of collecting and imposing a fine fill out the invoice while units or individuals paying the fine hand it over to the bank designated by the financial department. Other properties confiscated by judicial organs and administrative departments for industry and commerce shall be managed in strict accordance with the relevant state provisions. 3. Improving the Work for Handing over Administrative Charges and Incomes from Fines and Confiscations to the State Treasure and to the Special Account for Non-budgetary Financial Funds. Units in charge of collecting fees and imposing fines shall, firmly based on approved charging projects, items of money from fines and confiscations and procedure of handling, hand over administrative charges and incomes from fines and confiscations, in full and on time, respectively to the state treasure and the special account for non-budgetary financial funds, ensuring full sums of money in place. The competent department at the higher level that receives the payment from departments at its lower levels according to provisions shall hand over the payment on time to the state treasure or the special account for non-budgetary financial funds at the same level. Financial departments at all level are responsible for inspecting the handing over of administrative charges and incomes from fines and confiscations by judicial organs and administrative departments for industry and commerce at their respective levels. If administrative charges and incomes from fines and confiscations should be handed over by judicial organs and administrative departments for industry and commerce to the state treasury and the special account for non-budgetary financial funds, and should be transferred to the state treasury on the spot under the escort of units in charge of collecting fees or imposing fines, the financial supervisor's office stationed by the Ministry of Finance in the place shall supervise the handing over of funds on the spot. If funds should be collected level by level before the competent department hands them over to the Central Treasury at last, the Ministry of Finance shall supervise the handing over and the financial supervisor's office stationed by the Ministry of Finance in the place shall inspect the collecting and handing over of funds. Financial departments at all levels should take further steps to establish and perfect rules for handing over incomes concerned to the state treasury (including special accounts for non-budgetary financial funds) and rules for distributing Treasury receipts, conscientiously perform their duties of supervision and inspection, seriously urge and inspect the handing over of incomes and establish the inspection system based on the performance of collection and handing over of administrative charges and incomes from fines and confiscations by judicial organs and administrative departments for industry and commerce, in order to stop up loopholes and ensure full sums of money in place. Detailed measures for inspecting the handing over of administrative charges and incomes from fines and confiscations shall be separately formulated by the Ministry of Finance in consultation with other relevant departments. 4. Establishing the System of Statistics Reports on Administrative Charges and Incomes from Fines and Confiscations. Judicial organs and administrative departments for industry and commerce at all levels should work out statistics reports on incomes from administrative charges and on incomes from fines and confiscations every month (The pattern of the statistics reports shall be issued separately by the Ministry of Finance) and submit five copies for each statistics report to the financial department at the corresponding level within seven days following the end of every month (Another copy shall be added and submitted to the supervisor's office in the place stationed by the Ministry of Finance in cases where incomes from charges or fines collected or imposed by local judicial organs and administrative departments for industry and commerce should be handed over to the Central Treasury or the National Special Account for Non-budgetary Financial Funds). Financial departments at the provincial level shall submit the combined reports to the Ministry of Finance within 20 days following the end of every quarter. The Ministry of Finance may circulate combined statistics among respective departments as necessary. 5. Perfecting the Budget Determining System. Financial departments shall uniformly determine the business expenditure for judicial organs and administrative department for industry and commerce at all levels based on the items of business expenditure, the usage of funds for handling cases and the items and norms of equipment and outfit needed for respective units and according to the principle of using budgetary funds and non-budgetary funds as a whole. Financial departments at all levels shall make best understanding of their roles as services, raise the efficiency in their work, timely examine applications for appropriations submitted by judicial organs and administrative departments for industry and commerce, and shall not delay appropriating within the amount of the determined budget and the total amount of money handed over to the state treasury and the special financial account. In determining budgets, under the principle of "zero base budget" as required, priority shall be given to appropriations for personnel on the permanent staff; public funds used by judicial organs shall be determined once or above higher than the standard of local ordinary administrative organs; public funds for normal operations of administrative departments for industry and commerce shall be properly determined higher than the standard of local ordinary administrative organs; special arrangements shall be made for funds to be used for handling cases, equipment and outfit, infrastructure according to duties undertaken; and funds raised independently for capital construction shall be managed strictly and allowed to be used after arrangements for personnel and public funds. Each locality shall conscientiously tighten the control of special financial funds ensuring special funds for special purpose, and appropriating them for other use shall be prohibited. 6. Strengthening Expenditure Management. All financial receipts and expenditures in judicial organs and administrative departments for industry and commerce must be uniformly controlled by the financial affairs divisions in respective units and their accounts shall be uniformly opened in banks. No units in charge of collecting fees or imposing fines under respective departments shall open their own accounts or they will be dealt with for keeping "private savings". Financial affairs divisions in respective units shall conscientiously strengthen the management of expenditure of appropriations (including funds allocated from the special account for non-budgetary financial funds) determined by the Ministry of Finance, establish and perfect the management system, strictly follow the range and standard set by the state for expenditure, and shall not allow expenditures contrary to financial disciplines and rules. Transforming funds allocated from the special account for non-budgetary financial funds to "private savings" of units, or converting the funds to uses not set by the state, is prohibited. Effective measures shall be taken for weak links in expenditure management such as staff, vehicles, meetings and telephone, on which management and control shall be focused so as to ban extravagance and waste resolutely. The reform for expenditure management shall be deepened to raise the comprehensive utilization ratio of infrastructure, information and equipment and to improve the funding returns. 7. Strengthening the Supervision and Inspection. Departments at all levels for finance, planning (price control), disciplinary inspection and supervision shall, in conjunction with judicial organs and administrative departments for industry and commerce, make a special campaign to check up and rectify existing charging projects and standards. Charging projects worked out beyond terms of reference and charging standards heightened without authorization shall be rectified according to relevant state provisions. Charging projects through checking up and rectification shall be published and put under the supervision of the masses. Special inspections shall be made at regular intervals to check up on separating receipts from expenditures as two lines in the administration of administrative charges and incomes from fines and confiscations. If any unit fails to hand over the money to the state treasury and the special account for non-budgetary financial funds according to provisions, its budgetary funds shall be reduced correspondingly by the financial department at the same level. If there is any act violating laws or disciplines found in the inspections, the act must be dealt with in strict accordance with laws and disciplines. If there is any act that should be given administrative penalty according to the provisions of laws, regulations or administrative rules, the penalty must be given. Leading officials responsible for violation of laws or disciplines and persons directly responsible shall be dealt with seriously according to relevant provisions of party and government disciplines. If the circumstances are serious enough to constitute a crime, the offender shall be transferred to the judicial organs for investigation of criminal responsibility. 8. The Ministry of Finance shall be responsible for the interpretation of these Provisions. 9. These Provisions come into effect as of the date of promulgation. If any provisions previously promulgated run counter to these Provisions, these Provisions shall prevail. |
