(Issued on February 22, 2008 in accordance with Decree No. 8 of the People’s Government of Guangzhou Municipality and amended on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality)

　　Chapter I General Provisions

　　Article 1 These Measures are formulated in accordance with Administrative Supervision Law of the People’s Republic of China, the Civil Servant Law of the People’s Republic of China, the Regulations on the Disciplinary Actions Against Civil Servants in Administrative Organs, and other relevant laws and regulations, on the basis of the actual conditions of the Municipality, and with a view to regulating the accountability for administrative law enforcement, improving the administrative law enforcement accountability system, and promoting law-based government administration.

　　Article 2 The term “Liabilities for Administrative Law Enforcement” herein refers to the administrative liabilities to be assumed by any administrative organ, organization authorized by laws and regulations or organization entrusted to perform administrative law enforcement duties (hereinafter collectively referred to as “administrative law enforcement organs”) or any of its staff for its/his/her failure to perform or improper performance of duties specified in laws, regulations, rules and normative administrative documents.

　　The term “Failure to Perform Duties” herein includes such circumstances as refusal to perform, omission, shirking or partially performance of any duty that should have been performed; the term “Improper Performance of Duties” herein includes such circumstances as performance of duties without statutory basis or failure to perform duties pursuant to prescribed authorities, procedures and time limit.

　　Article 3 These Measures are applicable to the investigation of the liabilities for administrative law enforcement of administrative law enforcement organs in the Municipality and their staff.

　　Article 4 Investigation of the liabilities for administrative law enforcement shall be fact-based, strict, combining education with punishment and tailoring punishment to liability.

　　Article 5 The Municipal People’s Government is responsible for taking the lead in investigating the liabilities for administrative law enforcement throughout the Municipality; the people’s government at the district level shall be responsible for taking the lead in investigating the liabilities for administrative law enforcement within its administrative areas.

　　The Municipal Supervisory Committee shall be responsible for organizing the implementation of these Measures; the supervisory committee at the district level shall, within its personnel administrative authority, be responsible for the implementation of these Measures within its administrative areas.

　　The administrative law enforcement organs at various levels shall, pursuant to the statutory duties and in accordance with the provisions hereof, implement the administration of the accountability for liabilities within their own organs.

　　The legislative affairs departments under the people’s governments at various levels shall assist the supervisory committees at the same levels in organizing the implementation of these Measures.

　　Article 6 All district supervisory committees shall regularly report to the Municipal Supervisory Committee the implementation of investigating the liabilities for administrative law enforcement within its administrative areas.

　　Each administrative law enforcement organ shall regularly report to the supervisory committee at the same level its implementation of investigating the liabilities for administrative law enforcement.

　　Chapter II Scope of Investigation of Liabilities for Administrative Law Enforcement

　　Article 7 Any administrative law enforcement organ that, in violation of the prescribed procedures or powers, has issued any normative administrative document that is announced to be void or cancelled by the competent organ, shall be subject to investigation of liabilities for administrative law enforcement.

　　Article 8 Liabilities for administrative law enforcement shall be investigated for any of the following acts committed during the imposition of administrative penalties:

　　(1) Imposing an administrative penalty without statutory basis;

　　(2) Altering the types of administrative penalties or the range of any administrative penalty, without authorization;

　　(3) Violating the statutory procedures for imposition of administrative penalties;

　　(4) Entrusting the implementation of administrative penalties in violation of laws;

　　(5) Failing to issue any uniform punishment paper or any penalty receipts printed and distributed by the competent finance department as required by relevant regulations;

　　(6) Failing to exercise due care, or illegally using, destroying or losing any impounded properties;

　　(7) Failing to hold a hearing that shall be held according to law;

　　(8) Failing to transfer any suspected criminal case which, according to law, should be transferred to the judicial organ for handling;

　　(9) Failing to stop or punish any illegal acts that should be stopped or punished; or

　　(10) Any other acts of implementing any administrative penalty in violation of laws.

　　Article 9 Liabilities for administrative law enforcement shall be investigated for any of the following acts committed during the administrative licensing or administrative examination and approval:

　　(1) Refusing to accept any application that meets all statutory requirements;

　　(2) Failing to communicate with any applicant at one time of all items that shall be added or corrected if the application materials submitted by the applicant are incomplete or inconsistent with the statutory form;

　　(3) Granting a license or approval to any applicant who does not meet statutory requirements, or making a decision to grant a license or approval beyond statutory powers;

　　(4) Refusing to grant a license or approval to any applicant who meets all statutory requirements, or failing to make a decision to grant a license or approval within the statutory time limit;

　　(5) Failing to perform the statutory duty of keeping applicants and interested parties informed during the period of accepting, examining and deciding on an application, or failing to explain according to law why an application is rejected or why a license or approval is not granted;

　　(6) Failing to hold a hearing that shall be held according to law;

　　(7) Having made a decision to grant an administrative license or approval that shall be made according to the results of bid invitation, auction or exam scores, by circumventing bid invitation, auction or examination, or inconsistent with the results of bid invitation, auction or the exam scores;

　　(8) Charging fees without authorization, or failing to charge fees based on statutory items and standards;

　　(9) Illegally establishing, adding, changing, renewing, cancelling or terminating any items subject to administrative licensing or administrative examination and approval; or

　　(10) Any other act of implementing administrative licensing, administrative examination and approval in violation of laws.

　　Article 10 Liabilities for administrative law enforcement shall be investigated for any of the following acts committed during the administrative affirmation:

　　(1) Implementing administrative affirmation without, or beyond the scope of, statutory powers;

　　(2) Implementing administrative affirmation without statutory factual basis or in violation of statutory procedures;

　　(3) Illegally providing for or disclosing to others any information about the counterparty’s privacy or trade secrets obtained during the administrative affirmation; or

　　(4) Any other acts of implementing administrative affirmation in violation of provisions.

　　Article 11 Liabilities for administrative law enforcement shall be investigated for any of the following acts committed during the implementation of administrative compulsory measures:

　　(1) Taking any administrative compulsory measure without statutory basis statutory powers;

　　(2) Taking any administrative compulsory measure in breach of statutory procedures;

　　(3) Illegally restricting personal freedom;

　　(4) Illegally seizing, impounding, or freezing any counterparty’s property; or

　　(5) Any other act of implementing any administrative compulsory measure in violation of provisions.

　　Article 12 Liabilities for administrative law enforcement shall be investigated for any of the following acts committed during the implementation of administrative payment:

　　(1) Implementing administrative payment without statutory basis or beyond the scope of statutory powers;

　　(2) Failing to implement administrative payment pursuant to statutory powers and procedures;

　　(3) Refusing to accept any application for administrative payment that has met all requirements and shall be accepted;

　　(4) Refusing to make administrative payment to any applicant who meets all requirements, or failing to make, within the statutory time limit, a decision to approve such administrative payment; or

　　(5) Any other act of implementing administrative payment in violation of provisions.

　　Article 13 Liabilities for administrative law enforcement shall be investigated and sought for any of the following acts committed during the course of administrative adjudication:

　　(1) Implementing administrative adjudication without statutory basis or beyond the scope of statutory powers;

　　(2) Failing to implement administrative adjudication pursuant to statutory powers and procedures;

　　(3) Refusing to accept any application for administrative adjudication which has met all requirements and shall be accepted;

　　(4) Failing to make administrative adjudication within the statutory time limit; or

　　(5) Any other act of implementing administrative adjudication in violation of provisions.

　　Article 14 Liabilities for administrative law enforcement shall be investigated for any of the following acts committed during the administrative expropriation or requisition:

　　(1) Implementing expropriation or requisition without statutory basis;

　　(2) Failing to show to the public any qualification certificates or permits for expropriation or requisition;

　　(3) Failing to implement expropriation or requisition pursuant to statutory scope, procedures, time limit, powers, and standards;

　　(4) Failing to issue any lawful receipts;

　　(5) Failing to turn over the proceeds of expropriation or requisition to the State Treasury in accordance with provisions; or

　　(6) Any other act of implementing expropriation and requisition in violation of provisions.

　　Article 15 Liabilities for administrative law enforcement shall be investigated for any of the following acts committed during the administrative inspection:

　　(1) Implementing inspection without showing valid qualification certificates;

　　(2) Failing to implement inspection pursuant to statutory procedures, powers, and time limit;

　　(3) Omission, shirking, delaying in performing, or refusing to perform inspection duties;

　　(4) Concealing, covering up, sheltering, condoning, or failing to stop or correct any illegal acts found during inspection; or

　　(5) Any other act of implementing administrative inspection in violation of provisions.

　　Article 16 Liabilities for administrative law enforcement shall be investigated for any of the following acts committed during the implementation of administrative reconsideration:

　　(1) Refusing to accept any application for administrative reconsideration which has met all requirements without a good reason;

　　(2) Failing to forward the application for administrative reconsideration in accordance with provisions;

　　(3) Any other act of implementing administrative reconsideration in violation of provisions.

　　Article 17 Liabilities for administrative law enforcement shall be investigated for any of the following acts committed during the implementation of administrative compensation:

　　(1) Failing to accept an application for administrative compensation that meets all requirements and shall be accepted;

　　(2) Failing to make compensation payable and due;

　　(3) Failing to make compensation as per the specified standards;

　　(4) Making any compensation that should not be made according to law;

　　(5) Any other act of implementing administrative compensation in violation of provisions.

　　Article 18 Failure to disclose any government information that should be disclosed, or disclosure of government information in violation of statutory procedures and authority, which is found to be illegal by competent authorities, shall be subject to investigation of liabilities for administrative law enforcement.

　　Article 19 Other acts subject to investigation of liabilities for administrative law enforcement are as follows:

　　(1) Illegal apportionment of expenses, requiring a counterparty to accept paid services without statutory basis, purchase designated products without statutory basis, or perform any other statutory obligation;

　　(2) Embezzling, withholding, or misappropriating, in violation of relevant regulations, any fees, fines and proceeds from expropriation collected according to law, or embezzling, withholding, using, or damaging any property confiscated, expropriated, or requisitioned;

　　(3) Any other acts of failure to perform or improper performance of statutory obligation or duties.

　　Article 20 For any administrative law enforcement organ under any of the following circumstances, liabilities for administrative law enforcement shall be investigated:

　　(1) Involving prominent problems in illegal administrative law enforcement, or having a relatively high proportion of cases decided to be illegal, altered, or revoked in the administrative reconsideration or final judgment of administrative litigation within the current year;

　　(2) Rated as poor in the annual administrative law enforcement evaluation and assessment;

　　(3) Succumbing to inaction or practicing fraud when implementing the accountability system for administrative law enforcement.

　　Chapter III Subjects to Assume the Liabilities for Administrative Law Enforcement

　　Article 21 Where two or more staff members of an administrative law enforcement organ jointly exercise the same power, in case of non-performance or improper performance of statutory duties, the person chiefly in charge shall be held mainly liable, and the other members shall be held secondarily liable; if there is no such a division of the power, they shall jointly assume the liabilities thereof.

　　Where two or more administrative law enforcement organs fail to perform or improperly perform their duties in joint law enforcement, the administrative law enforcement organs in joint law enforcement shall assume the liabilities for their respective administrative law enforcement actions; if the liabilities cannot be distinguished, they shall jointly assume the liabilities thereof.

　　Article 22 Under any of the following circumstances, the handler shall be held liable:

　　(1) The handler independently exercises the power of administrative law enforcement and fails to perform or improperly perform prescribed duties;

　　(2) The handler intentionally conceals the facts, resulting in non-performance or improper performance of duties;

　　(3) The handler does not exercise the power of administrative law enforcement as per the opinions of the approver or reviewer, resulting in non-performance or improper performance of duties.

　　Article 23 Any reviewer who directly makes a decision without applying for the approval of the approver, thereby causing non-performance or improper performance of duties, shall be held liable accordingly.

　　Article 24 Where any approver who adopts the wrong opinions of the handler and the reviewer, thereby causing non-performance or improper performance of duties, the approver, the reviewer and the handler shall jointly be held liable.

　　Where any approver who adopts the wrong opinions of the handler or the reviewer, thereby causing non-performance or improper performance of duties, the approver and the reviewer or the handler who present such wrong opinions shall jointly be held liable.

　　Where the fault of the handler in the preceding paragraph renders the case inconsistent with the facts, thereby causing non-performance or improper performance of duties, the handler shall be mainly held liable, and the reviewer and approver shall be secondarily held liable.

　　Article 25 Where any approver changes the correct opinions of the handler or the reviewer, thereby causing non-performance or improper performance of duties, the approver shall solely be held liable.

　　Where the approver directly makes a decision without the participation of the handler or the reviewer, thereby causing non-performance or improper performance of duties, the approver shall solely be held liable.

　　Article 26 Where the decision made by the leaders of an administrative law enforcement organ through brainstorming session causes non-performance or improper performance of duties and shall be subject to investigation of liabilities thereof, the head of the administrative law enforcement organ who presides over the decision shall be mainly held liable, and other members in favor of the wrong opinions or do not state any opinion shall be secondarily held liable.

　　Article 27 Where any administrative law enforcement organ holds that the decision or order made by the authority at a higher level is wrong and requires it to change or revoke the decision or order, but the authority at a higher level refuses to do so and insists on the wrong opinion, thereby causing non-performance or improper performance of duties, the authority that made the decision or order shall be held liable.

　　Article 28 The “approver” herein refers to the chief executive of the administrative organ or the person holding deputy posts; the “reviewer” herein refers to the person in charge of the internal department of the administrative organ; the “handler” herein refers to the staff member who handles specific administrative matters, including the person chiefly in charge and the person in assistance; provided however that other staff member who, according to internal division of labor or administrative authorization, exercises the right of approval and review, shall be the approver or reviewer.

　　Chapter IV Methods of Investigating Liabilities for Administrative Law Enforcement

　　Article 29 The following methods may be adopted to investigate the liabilities for administrative law enforcement of an administrative law enforcement organ:

　　(1) Ordering it for rectification within prescribed time limit;

　　(2) Circulating a notice of criticism;

　　(3) Canceling its qualification for this current year’s advanced unit appraisal.

　　The methods listed in the preceding paragraph may be applied individually or in combination.

　　Article 30 The following methods may be adopted to investigate the liabilities for administrative law enforcement of any staff member of the administrative law enforcement organs:

　　(1) Criticism and education;

　　(2) Ordering to write and render a self-criticism letter;

　　(3) Circulating a notice of criticism;

　　(4) Asking him/her to participate in off-post trainings;

　　(5) Transferring him/her from law enforcement posts;

　　(6) Disqualifying him/her from law enforcement;

　　(7) Dismissal from office or ordering him/her to take the blame and resign;

　　(8) Imposing administrative sanctions.

　　The methods listed in the preceding paragraph may be applied individually or in combination.

　　Article 31 For the investigation for the liabilities for administrative law enforcement of an administrative law enforcement organ, the relevant responsible persons of the administrative law enforcement organ shall be investigated at the same time.

　　Article 32 For any act of any staff member of administrative law enforcement organ who fail to perform or improperly perform his/her duties, disciplinary actions shall be given accordingly as follows based on the severity of violation determined by the nature of the act, the degree of harm and other factors:

　　(1) For slight violation, such disciplinary actions as criticism, self-criticism letter, notice of criticism and off-post training may be adopted, combined with such administrative sanctions as a warning and a demerit as appropriate;

　　(2) For severe violation, such disciplinary actions as off-post training, transferring from law enforcement posts and disqualifying from law enforcement may be adopted, combined with such administrative sanctions as a demerit, a gross demerit and demotion/dismissal from office as appropriate;

　　(3) For extremely severe violation, such disciplinary actions as disqualifying from law enforcement, dismissal from office and resigning as a fault-maker may be adopted, combined with such administrative sanctions as dismissal from office or expulsion as appropriate.

　　Article 33 Where any administrative law enforcement organ and its staff member who fails to perform or improperly perform its/his/her duties is under any of the following circumstances, liabilities for administrative law enforcement may not be investigated or affixed:

　　(1) Caused by the fault of the counterparty;

　　(2) Caused by any conflicts between laws, regulations, rules and administrative normative documents;

　　(3) Caused by force majeure or legitimate defense;

　　(4) Other circumstances stipulated by laws, regulations and rules.

　　Article 34 For slight non-performance or slight improper performance of duties without harmful consequences, liabilities for administrative law enforcement shall be exempted.

　　Article 35 Where any administrative law enforcement organ and its staff member who fails to perform or improperly perform its/his/her duties is under any of the following circumstances, lenient punishments shall apply:

　　(1) Acting as required for investigation or providing important clues and other meritorious behaviors;

　　(2) Caused by the fault of the counterparty to some extent;

　　(3) There is any evidence proving that some objections were raised during the joint law enforcement or during the brainstorming session in terms of decisions made on joint law enforcement or collective discussions of the leadership team;

　　(4) Other circumstances stipulated by laws, regulations and rules.

　　Article 36 Where any administrative law enforcement organ and its staff member that fails to perform or improperly perform its/his/her duties is under any of the following circumstances, severe punishments shall be given:

　　(1) Refusing to correct non-performance or improper performance;

　　(2) Hindering or obstructing the investigation of liabilities for administrative law enforcement;

　　(3) Retaliation against the petitioner, complainant, prosecutor or accuser;

　　(4) Forging, concealing or destroying evidence or instigating or helping the counterparty in forging, concealing or destroying any evidence;

　　(5) Being held accountable for administrative law enforcement twice or more within one year;

　　(6) Other circumstances stipulated by laws, regulations and rules.

　　Chapter V Procedures for Investigating Liabilities for

　　Administrative Law Enforcement

　　Article 37 The division of jurisdiction between supervisory committees and administrative law enforcement organs shall subject to the provisions of the Administrative Supervision Law of the People’s Republic of China and its relevant provisions. The following case concerning liabilities for administrative law enforcement shall be investigated and handled by the competent supervisory committee:

　　(1) It is required to investigate the administrative law enforcement organ or its leader for liabilities for administrative law enforcement;

　　(2) Causing a major social impact in the region or involving multiple administrative law enforcement organs;

　　(3) The administrative law enforcement organ fails to investigate its staff member’s liabilities for administrative law enforcement that should be investigated;

　　(4) Other matters that should be investigated and handled by the supervisory committees according to law.

　　Article 38 The investigation of liabilities for administrative law enforcement shall adopt the following procedures:

　　(1) Conducting a preliminary review of the matters that need to be investigated, and filing a case if there is a fact of non-performance or improper performance of duties subject to investigation of liabilities;

　　(2) Developing an investigation plan, organizing the implementation of the investigation, and collecting relevant evidences;

　　(3) Drafting a written investigation report;

　　(4) Proposing handling opinions according to the investigation report;

　　(5) Making punishment decisions within the scope of authorities.

　　Article 39 The supervisory committees or administrative law enforcement organs at all levels shall conduct preliminary reviews of the clues of the following cases:

　　(1) Complained, reported or accused by citizens, legal persons or other organizations;

　　(2) Where the people’s court, at the end of an administrative lawsuit, makes a ruling on the cancellation, partial cancellation or re-start of a specific administrative act, on the performance of a statutory duty within a time limit or on the change of the administrative punishment, and the ruling has taken effect;

　　(3) Where a reconsideration decision is made at the end of an administrative reconsideration on the cancellation/change of a specific administrative act, the confirmation of the illegality of a specific administrative act, the re-start of a specific administrative act or performing of statutory duties within a time limit, and the reconsideration decision has taken effect;

　　(4) Cases deemed to be wrong during the supervision and inspection of administrative law enforcement and administrative law enforcement review and assessment by the people’s congress or the people’s government at the same level or the superior level and thus require investigation;

　　(5) Cases required to be investigated by a NPC member or a member of the CPPCC at the same or the superior level in the form of suggestions or proposals;

　　(6) Suspected non-performance or improper performance of duties by administrative law enforcement organs or their staff members found by the authorities in charge of finance, auditing, petition, legal affairs, etc.;

　　(7) Clues discovered through other legal means.

　　Article 40 After preliminary review of the clues of the case, the supervisory committee or administrative law enforcement organ shall, within 15 working days after issuing the preliminary review results, make a decision on whether to file a case and investigate the liabilities for administrative law enforcement. For a case transferred, a written explanation shall be given to the transferring organ or institution. If the transferring organ or institution has a different opinion, it may apply to the people’s government at the same level or the supervisory committee at the higher level for re-examination.

　　The supervisory committees or administrative law enforcement organs at all levels shall, within 3 working days after deciding on whether to file the case, notify the named informant of the results and rationale for filing the case.

　　Article 41 The case-filing decision of the following case shall be reported to the people’s government at the same level and the supervisory committee at the higher level for filing; the final decision shall, in advance, seek the opinions from the legal affairs authorities at the same level on the legality of the administrative law enforcement, and report to the people’s government at the same level and the supervisory committee at the higher level for approval:

　　(1) Involving the investigation of an administrative law enforcement organ’s liabilities for administrative law enforcement;

　　(2) Involving the investigation of the individual liabilities of a leader of administrative law enforcement organ for administrative law enforcement;

　　(3) Causing a major social impact or involving multiple administrative law enforcement organs;

　　(4) Involving foreign parties;

　　(5) Other cases stipulated by laws and regulations.

　　Article 42 For investigating the liabilities for administrative law enforcement, there shall be no less than two staff members for investigation and evidence collection.

　　Investigators have the right to consult and copy relevant case files from relevant administrative law enforcement organs, and inquire relevant personnel.

　　An investigator who has a relationship of interest with the person under investigation, shall apply for disqualification. The person under investigation has the right to demand the disqualification of the investigator and explain the reasons for the disqualification.

　　Article 43 For a case has been filed for investigation, the investigation shall be completed and the case shall be concluded within 3 months from the filing date of the case. If the situation is complicated, the time limit for investigation and conclusion shall be handled subject to the provisions of the Administrative Supervision Law of the People’s Republic of China.

　　Article 44 For investigating the liabilities of an administrative law enforcement organ and its staff for administrative law enforcement, a decision on investigating the liabilities for administrative law enforcement shall be made, with the following details being specified:

　　(1) The basic information of the person liable for the administrative law enforcement;

　　(2) Facts and evidence of non-performance or improper performance of duties;

　　(3) Determination on administrative law enforcement liabilities;

　　(4) The basis for investigating the liabilities for administrative law enforcement;

　　(5) The decision on the investigation of liabilities for administrative law enforcement;

　　(6) Appeal channels, time limit and methods in case of dissatisfaction with the decision on liabilities for administrative law enforcement;

　　(7) The deciding organ and date.

　　Article 45 For a case has been filed for investigation, if finding that there is no fact of non-performance or improper performance of duties, or there is no need of investigation for liabilities, the supervisory committee or the administrative law enforcement organ shall withdraw the case and notify in writing the organ under investigation and its superior administrative law enforcement authority or the person under investigation and the organ he/she works in.

　　The withdrawal of a case involving the provisions of Article 40 herein shall be reported to the people’s government at the same level and the supervisory committee at the higher level for filing.

　　Article 46 The written decision on investigation of liabilities for administrative law enforcement shall be served to the person under investigation within 15 working days from the deciding date, and shall be rendered to the relevant authority for filing according to the scope of administrative authorities.

　　The decisions on investigation of liabilities for administrative law enforcement shall serve as the basis of the appraisal and evaluation of the administrative law enforcement organs and their staff members.

　　Article 47 The person subject to the investigation of liabilities for administrative law enforcement, if not satisfied with the investigation decision, may bring an appeal or apply for reconsideration in accordance with the procedures stipulated in the Civil Servant Law of the People’s Republic of China, the Administrative Supervision Law of the People’s Republic of China and other relevant laws, regulations and rules.

　　Article 48 Any supervisory committee, administrative law enforcement organ and its staff, if under any of the following circumstances during the investigation of the liabilities for administrative law enforcement, shall be criticized in a circular; if the circumstances are serious, administrative sanctions shall be given; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law:

　　(1) Deliberately concealing illegal acts or failing to file a case for investigation after finding out any illegal acts that should be investigated;

　　(2) Illegally aggravating or reducing the liabilities of the responsible person;

　　(3) Failing to transfer any case that should be handed over to judicial organs for handling as required by law.

　　Chapter VI Supplementary Provisions

　　Article 49 These Measures shall come into force on June 1, 2008. In case of any inconsistency between these Measures and the previous regulations on accountability for administrative law enforcement issued by this Municipality prior to the implementation of these Measures, these Measures shall prevail.