In order to strengthen the management of administrative law enforcement certificates, ensure and supervise administrative organs or organizations, administrative law enforcement personnel and administrative law enforcement supervision personnel to exercise their functions and powers according to law, these measures are formulated in accordance with the relevant provisions of the Administrative Punishment Law of the People's Republic of China.

Article 2 The term "administrative law enforcement certificate" as mentioned in these Measures refers to the Qualification Certificate of Gansu Province's administrative punishment enforcement organ, Gansu Province's administrative law enforcement certificate and Gansu Province's administrative law enforcement supervision certificate.

Article 3 Administrative organs at all levels in the province, organizations authorized by laws and regulations, organizations entrusted by administrative organs in accordance with the provisions of laws, regulations and rules (collectively referred to as administrative law enforcement organs) and administrative law enforcement personnel (including administrative law enforcement personnel and administrative law enforcement supervisors) in the above-mentioned administrative law enforcement organs shall uniformly apply for and use administrative law enforcement certificates in Gansu Province.

Article 4 The issuance and management of administrative law enforcement certificates shall follow the principle of unified leadership and hierarchical management.

The Legislative Affairs Bureau of the provincial people's government is responsible for the supervision and management of the administrative law enforcement certificates in the province. All departments of the provincial people's government are responsible for the supervision and management of the administrative law enforcement certificates of the law enforcement agencies directly under them.

The legal institutions of regional administrative offices, municipal, autonomous prefecture and county (city, district) people's governments are responsible for the supervision and management of administrative law enforcement certificates in their respective regions.

Fifth administrative law enforcement organs should obey the unified management of administrative law enforcement certificates by the people's governments at the corresponding levels. When issuing a decision on administrative punishment, it shall indicate the certificate number and administrative law enforcement certificate number of the organ implementing administrative punishment in Gansu Province, affix the official seal of the organ implementing administrative punishment, and be signed by the administrative law enforcement personnel.

Chapter II Application for Administrative Law Enforcement Certificates

Sixth administrative law enforcement certificates in Gansu Province are uniformly printed by the provincial people's government, and the specific work is organized and implemented by the Legislative Affairs Bureau of the provincial people's government.

Article 7 The scope of the Qualification Certificate of Gansu Provincial Administrative Punishment Enforcement Organ is the provincial people's government and regional administrative offices, as well as the organs and organizations that have been legally recognized by the people's governments of cities and autonomous prefectures and announced to the public with the qualification to implement administrative punishment.

The scope of administrative law enforcement certificate in Gansu province is the personnel engaged in administrative law enforcement in administrative organs, legally authorized organizations and administrative entrusted organizations.

The scope of the supervision certificate of administrative law enforcement in Gansu Province is the leaders of the people's governments at or above the county level and the personnel engaged in administrative law enforcement supervision in the legal institutions of the government, the leaders of the administrative law enforcement departments under the people's governments at or above the county level and the personnel engaged in administrative law enforcement supervision in the legal institutions of this department.

Eighth administrative law enforcement personnel shall receive pre-job training. The legal institutions of the people's governments at or above the county level and administrative organs at all levels are responsible for training.

The legal institutions of the people's governments at or above the county level shall conduct comprehensive legal knowledge training for administrative law enforcement personnel; Administrative organs at all levels provide professional legal knowledge and professional training for administrative law enforcement personnel. Those who pass the training and examination shall be issued with administrative law enforcement certificates.

Personnel who have not obtained administrative law enforcement certificates shall not engage in administrative law enforcement.

Ninth administrative punishment organ qualification certificate issued by the provincial people's government and the regional administrative office, municipalities and autonomous prefecture people's government; Administrative law enforcement certificates issued by the people's governments at or above the county level; Administrative law enforcement supervision certificate issued by the provincial people's government.

Article 10 An entity applying for the qualification certificate of an administrative penalty enforcement agency must meet the following conditions:

(1) An administrative organ established according to law or approved by legal procedures;

(2) A legally authorized organization with the authorization basis of laws and regulations;

(3) An administrative entrusted organization with the authorization basis of laws, regulations and rules and the power of attorney of the administrative organ for administrative law enforcement;

(4) Having personnel suitable for administrative law enforcement;

(5) Conforming to other relevant regulations.

Eleventh personnel who apply for administrative law enforcement certificates and administrative law enforcement supervision certificates must meet the following conditions:

(a) to perform their duties in administrative law enforcement and administrative law enforcement supervision positions;

(2) Conscientiously implementing the line, principles and policies of the Party and the State;

(three) familiar with the department, the position of business and related laws, regulations and rules; (4) Having passed the training and examination in accordance with these Measures, and having obtained the qualification of administrative law enforcement and administrative law enforcement supervision;

(five) law-abiding, loyal to their duties, honest and impartial law enforcement.

Twelfth in any of the following circumstances, administrative law enforcement certificates and administrative law enforcement supervision certificates shall not be issued:

(a) do not have the necessary political quality of personnel engaged in administrative law enforcement and administrative law enforcement supervision;

(two) personnel who are not directly engaged in law enforcement work with certificates;

(three) the annual assessment of national civil servants is incompetent;

(four) contract workers, temporary workers and seconded personnel who assist the certified personnel in law enforcement; (five) without unified training or training and examination unqualified personnel;

(six) other personnel who do not meet the conditions for issuing certificates.

Thirteenth administrative law enforcement organs at all levels to apply for administrative law enforcement certificates, by the authorities to apply to the Legislative Affairs Office of the people's governments at or above the county level.

To apply for an administrative law enforcement certificate, an application form for a unified administrative law enforcement certificate in Gansu Province shall be filled in, reviewed by the Legislative Affairs Office of the people's government at or above the county level, and uniformly collected from the Legislative Affairs Bureau of the provincial people's government.

Article 14 The Legislative Affairs Office of the people's government at or above the county level shall examine the qualifications of the applicant's administrative law enforcement subjects, administrative law enforcement personnel and administrative law enforcement supervisors, and refuse to handle those who do not meet the requirements.

The administrative law enforcement certificate has the functions of law enforcement, government management and rights protection. Administrative law enforcement refers to the specific administrative legal act that the administrative subject handles specific events in accordance with the administrative law enforcement procedures and relevant laws and regulations, which directly affects the rights and obligations of the relative person. It is a specific administrative act made by the state administrative organs against specific people and specific events when implementing the Constitution, laws, administrative regulations or international treaties. Because administrative coercion has the characteristics of coercion, whether the system is set up reasonably and necessary and whether it is operated properly is directly related to the basic rights of citizens as legal persons.

Legal basis:

Administrative Punishment Law of the People's Republic of China

Twenty-fourth provinces, autonomous regions and municipalities directly under the central government may, according to the local actual situation, decide to entrust the administrative punishment power of the county-level people's government departments that are in urgent need of grass-roots management to the township people's governments and sub-district offices that can effectively undertake it, and organize regular assessments. The decision should be made public.

Township people's governments and sub-district offices that bear the power of administrative punishment shall strengthen the construction of law enforcement capacity and implement administrative punishment in accordance with the prescribed scope and legal procedures.

The relevant local people's governments and their departments should strengthen organization and coordination, professional guidance and law enforcement supervision, establish and improve the coordination mechanism of administrative punishment, and improve the evaluation system. Twenty-eighth administrative organs shall, when implementing administrative punishment, order the parties to correct or correct the illegal acts within a time limit.

If a party has illegal income, it shall be confiscated unless it should be returned according to law. Illegal income refers to the money obtained by carrying out illegal acts. Where laws, administrative regulations and departmental rules provide otherwise for the calculation of illegal income, such provisions shall prevail. Article 59 An administrative organ shall make a written decision on administrative punishment in accordance with the provisions of Article 57 of this Law. The written decision on administrative punishment shall specify the following items:

(1) The name and address of the party concerned;

(2) Facts and evidence in violation of laws, regulations and rules;

(three) the types and basis of administrative punishment;

(four) the way and time limit for the performance of administrative punishment;

(five) the way and time limit for applying for administrative reconsideration and bringing an administrative lawsuit;

(six) the name of the administrative organ that made the decision on administrative punishment and the date of making the decision.

The written decision on administrative punishment must be stamped with the seal of the administrative organ that made the decision on administrative punishment.

Please click to enter the picture description (maximum 18 words).