Article 1: In order to ensure and supervise the effective implementation of administrative management by administrative agencies and standardize the qualifications and certificate management of administrative law enforcement subjects, in accordance with the "Administrative Punishment Law of the People's Republic of China" and relevant laws and regulations These regulations are formulated based on the actual conditions of the province. Article 2 The administrative law enforcement certificates referred to in these Measures include: administrative law enforcement certificates and administrative law enforcement supervision certificates. Article 3 The Legal Affairs Bureau of the Qinghai Provincial People's Government shall supervise and manage the issuance and use of administrative law enforcement certificates in the province; the legal institutions of state (city), county people's governments, and regional administrative offices shall supervise the issuance and use of administrative law enforcement certificates in their respective regions. Supervision and management; relevant provincial administrative departments supervise and manage the issuance and use of administrative law enforcement certificates within the system. Article 4 Administrative law enforcement certificates are issued to: staff of administrative agencies who exercise administrative law enforcement rights in accordance with the law; personnel who exercise administrative law enforcement rights in organizations authorized by laws and regulations; personnel who exercise administrative law enforcement rights in organizations entrusted by administrative agencies.
Administrative law enforcement supervision certificates are issued to: specialized personnel engaged in administrative law enforcement supervision in government legal agencies and administrative law enforcement agencies at all levels. Article 5: Administrative law enforcement certificates that have been uniformly issued by relevant departments of the State Council will continue to be valid in our province. Relevant departments at the provincial level should submit samples of administrative law enforcement certificates, lists of certificate holders, certificate numbers, etc. to the Legal Affairs Bureau of the Provincial People's Government for record.
If the relevant departments of the State Council have regulations on the issuance and management of administrative law enforcement certificates, those regulations shall prevail; if there are no regulations, these Measures shall apply. Article 6: Qinghai Province’s administrative law enforcement certificates are uniformly printed by the Legal Affairs Bureau of the Provincial People’s Government. Article 7 Personnel applying for administrative law enforcement certificates must meet the following conditions:
(1) Comply with laws and regulations, fulfill their duties, and enforce the law impartially;
(2) Be familiar with relevant laws, Laws and regulations and business knowledge of the department;
(3) Having the task of performing official duties in accordance with the law and conducting supervision and inspection;
(4) Having received special training and passing the examination. Article 8 Administrative law enforcement certificates are issued in accordance with the following procedures:
(1) Administrative law enforcement personnel of provincial administrative law enforcement departments shall be issued by the provincial administrative department and filed with the Legal Affairs Bureau of the Provincial People's Government;
(2) Administrative law enforcement personnel of state (prefecture, city) and county administrative law enforcement departments shall be issued by the legal agencies of the state (city) people's government and regional administrative offices after review and approval by the superior administrative law enforcement department.
Administrative law enforcement supervision certificates are issued in accordance with the following procedures:
(1) Administrative law enforcement supervisory personnel in the provincial people's government's legal institutions and provincial administrative law enforcement departments shall be issued by the provincial government's Legal Affairs Bureau ;
(2) Administrative law enforcement supervisors in state (prefecture, city), county legal agencies, and state-level administrative law enforcement departments shall be issued by the state (city) people's government and regional administrative office legal agencies. Article 9 Administrative law enforcement certificates shall include the following contents:
(1) Name, gender, position, and work unit of the holder;
(2) Types of administrative law enforcement or law enforcement supervision , geographical scope;
(3) Certificate number;
(4) Issuing authority;
(5) Annual inspection record. Article 10 Before administrative law enforcement agencies at all levels apply for administrative law enforcement certificates, they should conduct training for administrative law enforcement personnel to familiarize them with the content of law enforcement, necessary legal knowledge and law enforcement procedures. After passing the assessment, the administrative law enforcement certificate will be issued by the issuing authority. Documents. Article 11 An annual inspection system shall be implemented for administrative law enforcement certificates. The inspection work is carried out by the issuing authority. The submitting authority shall submit the administrative law enforcement certificates and annual assessment materials for inspection before the end of December each year in accordance with the unified requirements of the inspection authority.
Administrative law enforcement certificates that have not been registered for annual review are invalid. Article 12 Administrative law enforcement certificates may not be lent or altered; if lost, the certificate-issuing authority shall be reported immediately, and the unit where the certificate is issued shall declare it invalid in a newspaper. After review by the certificate-issuing authority, the original certificate shall be cancelled, and a new certificate shall be issued.
When the certificate holder is transferred from his original job, his/her unit should take back the administrative law enforcement certificate and return it to the issuing authority for cancellation. Article 13 When administrative law enforcement personnel and administrative law enforcement supervisory personnel perform official duties in accordance with the law, they shall present their certificates and identify themselves. If the person concerned does not show his or her administrative law enforcement certificate to identify himself, the party concerned has the right to refuse inspection or investigation.
Article 14 If the holder of an administrative law enforcement certificate commits any of the following acts, the administrative law enforcement certificate will be temporarily detained by the competent department: (1) There is an illegal act and administrative sanctions are imposed by the administrative agency; < /p>
(2) Failure to perform duties or enforce the law beyond the scope of authority;
(3) Penalty in violation of legal procedures or not in accordance with the type or extent prescribed by law;
(4) Taking advantage of one's authority to seek personal gain and deliberately making things difficult for the management counterparty;
(5) Lending administrative law enforcement certificates to others for use or altering certificates without permission.
The maximum period for temporarily withholding administrative law enforcement documents shall not exceed three months. Article 15 If the holder of an administrative law enforcement certificate has any of the following circumstances, the issuing authority shall take back and cancel his administrative law enforcement certificate:
(1) The illegal act has constituted a crime and has been punished;
(2) Those whose administrative law enforcement certificates have been temporarily withheld more than three times;
(3) Those who are not suitable for engaging in administrative law enforcement and administrative law enforcement supervision and inspection work. Article 16 The Legal Affairs Bureau of the Qinghai Provincial People's Government is responsible for the interpretation of these Measures. Article 17 These Measures shall come into effect from the date of promulgation.