After the establishment of market supervision departments at all levels is completed,The administrative law enforcement certificates of market regulation and law enforcement personnel are not standardized、The status quo is not uniform,It is not conducive to the development of comprehensive law enforcement work and the deep integration of market regulation and law enforcement teams。therefore,Unify the administrative law enforcement certificates for market regulation nationwide,Formulate a unified application for certificates、Approved、make、Issue、Use and manage rules,It has become an urgent problem to be solved。
recently,The State Administration for Market Regulation has researched and drafted the Interim Measures for the Administration of Administrative Law Enforcement Certificates for Market Supervision and Administration (Draft for Solicitation of Comments),It is being opened to the public for comments......
Interim Measures for the Administration of Administrative Law Enforcement Certificates for Market Supervision and Management
(Draft for Solicitation of Comments)
Article 1: In order to strengthen the management of administrative law enforcement certificates for market regulation and management,Standardize administrative law enforcement behavior,In accordance with the "Administrative Punishment Law of the People's Republic of China", "Administrative Compulsion Law of the People's Republic of China" and other laws、Administrative Regulations,These measures are formulated。
Article 2: The Market Regulation Administration Administrative Law Enforcement Certificate (hereinafter referred to as the "Market Regulation Law Enforcement Certificate") is the identity certificate of the administrative law enforcement personnel for market regulation and management carrying out administrative law enforcement activities in accordance with law。law、Administrative regulations have other provisions on administrative law enforcement certificates,from its provisions。
Article 3: Application for Market Regulation Law Enforcement Certificate、Approved、make、Issue、Use and Management,These measures shall apply。
Article 4: Market regulation and law enforcement certificates are uniformly regulated、Hierarchical management。
The State Administration for Market Regulation is responsible for establishing a management system for administrative law enforcement certificates for market supervision and administration,Formulate the format and coding rules for market regulation and law enforcement certificates,and is responsible for the approval of the market supervision and law enforcement certificate at the same level、make、Issuance and management。
The provincial-level market regulation department is responsible for the approval of market regulation law enforcement certificates within its jurisdiction、make、Issuance and management。
Districted city level、The county-level department for market regulation is responsible for the management of market regulation law enforcement certificates at that level。
Article 5: The departments for market regulation, legislative affairs bodies, or other bodies are to specifically implement the management of market regulation law enforcement certificates。Personnel、finance、Discipline inspection and supervision and other functional bodies are to do a good job of relevant work in accordance with their respective duties。
Article 6The front of the market supervision and enforcement certificate is printed with the photo of the holder、name、workplace、Law Enforcement Identification Number、Expiration date、QR code for law enforcement certificate information inquiry,and stamped with the seal of the issuing authority。The back is printed with a market supervision and management badge pattern、"National Unified Market Supervision and Administration Administrative Law Enforcement Certificate" and "×× Administration for Market Regulation (Department).、commission) system".。
The wallet for the market supervision and law enforcement certificate is a black vertical wallet,The exterior front is engraved with a market supervision and management badge pattern、The words "National Unified Market Supervision and Administration Administrative Law Enforcement Certificate".,The back is engraved with the words "AMR" and "supervised by the State Administration for Market Regulation".;The upper part of the interior is inlaid with a market supervision and management badge、The words "Market Supervision and Management".,Place the market regulation and enforcement certificate at the lower end。
Article 7: Persons applying for market regulation law enforcement certificates shall meet the following requirements:
(1) Have the formal establishment of the unit to which they belong;
(2) Engaging in administrative law enforcement work for market regulation and management;
(3) Have good politics、Professional quality and moral character;
(4) Participate in market supervision and management administrative law enforcement qualification training and pass the assessment。
Article 8: The State Administration for Market Regulation is responsible for compiling a question bank for the market supervision and administration administrative law enforcement qualification examination,Provincial-level departments for market regulation may supplement the content of the question bank in light of local conditions。
Provincial-level departments for market regulation are responsible for formulating training on administrative law enforcement qualifications for market regulation in their respective jurisdictions、The specific measures of the assessment and organize the implementation。
Article 9: Administrative law enforcement personnel for market regulation and management apply for market regulation law enforcement certificates,After the preliminary examination and approval by the market regulation department to which it belongs,Report to the provincial market supervision and administration department step by step。Provincial-level departments for market regulation meet the requirements of these Measures upon review,Issued。
Article 10: All levels of market regulation department shall be comprehensive in accordance with relevant state provisions、promptly、Accurately disclose information on administrative law enforcement personnel,And implement dynamic management。
Article 11: Market regulation law enforcement certificates are valid nationwide。
When administrative law enforcement personnel for market regulation perform administrative law enforcement duties,They shall take the initiative to present their market regulation and law enforcement certificates。
Article 12: Market regulation law enforcement certificates are limited to the use of the licensee within the scope of statutory authority,It must not be lent to others or used for non-administrative law enforcement activities。
Article 13: Market regulation law enforcement certificates are lost or destroyed,The holder shall promptly report to the market supervision and administration department to which it belongs,It shall be invalidated by the announcement of the subordinate market regulation department through the portal website,and report to the issuing authority for cancellation and reissue of new certificates。
Article 14: Market regulation law enforcement certificates are damaged or the information contained therein is changed and needs to be reissued,The holder shall return the certificate to the market regulation department to which it belongs,The subordinate department for market regulation shall report to the issuing authority for the renewal of the certificate。
Article 15: Market regulation law enforcement certificates are valid for 5 years from the date of issuance。Before the expiration of the validity period,It shall be in accordance with the application conditions and procedures stipulated in these measures to renew the certificate。Renewing a new certificate,The holder shall re-participate in the market supervision and administration administrative law enforcement qualification assessment and pass the assessment。
16th holder has any of the following circumstances,The department for market regulation to which they belong shall temporarily withhold their market regulation law enforcement certificates:
(1) Exceeding legally-prescribed authority or violating legally-prescribed procedures to enforce the law;
(2) Lending market regulation law enforcement certificates to others or using them for non-administrative law enforcement activities;
(3) Other circumstances that require temporary detention。
The period of detention is generally 30 days。Persons whose documents are temporarily withheld,The department for market regulation to which it belongs shall conduct criticism and education,Order corrections to be made within a time limit。The period during which the document is suspended,Relevant personnel must not engage in administrative law enforcement work for market regulation and management。After the expiration of the withholding period,The subordinate department for market regulation shall decide whether to return the certificate based on the corrections。
The department for market regulation to which it belongs shall report the temporary detention of certificates to the issuing organ for filing within 5 working days。
17th holder has any of the following circumstances,The subordinate department for market regulation shall promptly withdraw its market regulation law enforcement certificate and hand it over to the issuing organ for cancellation:
(1) Due to job transfers、resign、Leaving the market regulation department for reasons such as retirement;
(2) Received criminal punishment for a crime;
(3) Those who have been dismissed from public office or dismissed;
(4) Others that need to be recovered、Cancellation of the situation。
Article 18: Licensees are temporarily not engaged in administrative law enforcement work for market regulation due to job rotation or other reasons,The subordinate department for market regulation shall take back its market regulation law enforcement certificate for safekeeping;Within the validity period of the certificate,The holder is re-engaged in administrative law enforcement work for market regulation and management,The department for market regulation to which they belong shall return their certificates。
Article 19 The staff of the issuing authority violates these Measures,Unauthorized production、Issuance of market regulation law enforcement certificates,Give administrative sanctions or pursue legal responsibility in accordance with the law。
Article 20 The application for the administrative law enforcement certificate of the State Drug Administration and the provincial drug regulatory department、Approved、make、Issue、Use and Management,The State Drug Administration shall make separate provisions with reference to these Measures。
Article 21: These Measures take effect on xx/xx/2019。1991On May 11, the State Bureau of Technical Supervision promulgated the "Measures for the Administration of Administrative Law Enforcement Certificates and Badges of Technical Supervision" No. 22、2008On October 9, the State Administration for Industry and Commerce promulgated the "Measures for the Administration of Industry and Commerce Administration Law Enforcement Certificates" promulgated by Order No. 36、2016On December 6, the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China promulgated Order No. 186 of the "Administrative Measures for the Administrative Law Enforcement Certificate of Quality Supervision, Inspection and Quarantine" shall be repealed at the same time。
|Source: Quality Cloud|
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