The Administrative Penalty Law was promulgated in 1996 and amended in 2009 and 2017 respectively. The latest revision entered into force on January 1, 2018.

There are 64 articles in total.

The key points are as follows:

1.Where administrative penalty needs to be imposed on citizens, legal persons or other organizations for their violations of the order of administration, it shall be prescribed by laws, rules or regulations pursuant to this Law and imposed by administrative organs in compliance with the procedure prescribed by this Law.

2.Administrative penalty that is not imposed in accordance with law or in compliance with legal procedures shall be invalid.

3.Creation and imposition of administrative penalty shall be based on facts and shall be in correspondence with the facts, nature and seriousness of the violations of law and damage done to society.

4.Citizens, legal persons and other organizations on whom administrative penalty is imposed by administration organs shall have the right to state their cases and the right to defend themselves; those who refuse to accept administrative penalty shall have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

5.Types of administrative penalty shall include:

(1) disciplinary warning;

(2) fine;

(3) confiscation of illegal gains or confiscation of unlawful property or things of value;

(4) ordering for suspension of production or business;

(5) temporary suspension or rescission of permit or temporary suspension or rescission of license;

(6) administrative detention; and

(7) others as prescribed by laws and administrative rules and regulations.

6.Administrative penalty shall be imposed by administrative organs that have the power of administrative penalty within the scope of their statutory functions and powers. However, the power of administrative penalty involving restriction of freedom of person shall only be exercised by the public security organs.