No. 58

Decision of Shanghai Municipal People's Government on Amending the Implementation Procedures for the Regulations of Shanghai Municipality on Comprehensive Administrative Law Enforcement in Urban Management was adopted at the 139th Routine Meeting of the Municipal People's Government on September 13, 2021, and are hereby promulgated. They shall be effective as of November 1, 2021.

Mayor: Gong Zheng

September 30, 2021

Implementation Procedures for the Regulations of Shanghai Municipality on Comprehensive Administrative Law Enforcement in Urban Management

(Promulgated by Decree No. 37 of Shanghai Municipal People’s Government on November 30, 2015; amended by Decree No.29 of Shanghai Municipal People’s Government on January 18, 2020; amended and re-promulgated by Decree No.58 of Shanghai Municipal People’s Government on September 30, 2021)

Article 1(Purposes and Basis)

With a view to strengthening this Municipality’s comprehensive administrative law enforcement in urban management, and improving the efficiency and level of the administrative law enforcement, these Procedures are formulated in accordance with the provisions of the Law of the People’s Republic of China on Administrative Penalty, the Administrative Compulsion Law of the People’s Republic of China, the Regulations of Shanghai Municipality on Comprehensive Administrative Law Enforcement in Urban Management and relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Procedures apply to the comprehensive administrative law enforcement in urban management within the administrative area of this Municipality.

The comprehensive administrative law enforcement in urban management mentioned in the preceding Paragraph refers to the acts of the municipal and district urban-management administrative law enforcement departments (hereinafter referred to as the UMALED), sub-district offices and town/township people’s governments in exercising in a relatively centralized way according to law the complete or partial power of administrative penalty and related powers of administrative inspection and administrative coercion conferred upon relevant administrative departments in urban management fields.

Article 3 (Competent Departments)

The municipal urban-management administrative law enforcement department (hereinafter referred to as the municipal UMALED) is the competent administrative department in charge of the comprehensive administrative law enforcement in urban management in this Municipality, responsible for organizing the implementation of these Regulations.

The district urban-management administrative law enforcement department (hereinafter referred to as the district UMALED) , sub-district offices and town/township people’ s governments are in charge of the comprehensive administrative law enforcement in urban management within their jurisdiction according to the provided purview.

Article 4 (Division of Jurisdiction)

The following illegal acts in urban management shall be investigated and handled by the municipal UMALED:

1. those that have major impact on the whole Municipality;

2. those that involve river courses under the municipal jurisdiction;

3. those that involve ancient and famous trees, and subsequent resources of ancient trees;

4. those that need to be rectified in a centralized manner citywide;

5. taxi drivers who have caused major impact in downtown key areas; and

6. those that shall be investigated and handled by the municipal administrative department as provided by laws, rules or regulations.

The following illegal acts in urban management shall be investigated and handled by the district UMALED:

1. those that have major impact on the local district;

2. those that involve river courses under district jurisdiction;

3. those that need to be rectified in a centralized manner within the local district; and

4. other matters that need to be investigated and handled by the district UMALED.

The sub-district offices and town/township people’s governments shall investigate and handle the illegal acts within their respective jurisdictions according to their duties.

The UMALED shall establish and perfect the unified mobilization and command mechanism for major cases of comprehensive administrative law enforcement in urban management and cross-regional flowing cases.

The catalogue of river courses under the municipal, district and town/township jurisdictions shall be formulated and published respectively by the municipal UMALED.

Article 5 (Law Enforcement Purview)

The UMALED, sub-district offices and town/township people’s governments shall enforce the comprehensive urban-management administrative law according to the scope of law enforcement provided in Paragraph 1 of Article 11 of the Regulations of Shanghai Municipality on Comprehensive Administrative Law Enforcement in Urban Management.

Besides the scope of law enforcement provided in the preceding Paragraph, the comprehensive urban-management administrative law enforcement department, sub-district offices and town/township people’s governments shall enforce the urban-management law in the following aspects:

1. imposing administrative penalty, according to the provisions of laws, rules and regulations on water affairs administration, for illegal acts such as constructing buildings or structures within the protected areas of raw water diversion channels and erecting buildings or structures within the protected areas of seawalls without approval;

2. imposing administrative penalty, according to the provisions of laws, rules and regulations on environmental protection administration, for illegal acts such as construction units or individuals’ discharging dust or waste gas on roads or in public places in an unorganized manner, business stoves’ discharging visible black smoke, catering business operators’ failing to install fume-purifying and odor-treating facilities, and failing to have obtained relevant certificates and licenses; and engaging in metal cutting, dimension stone and timber processing, or other business activities that tend to produce noise in a cluster of noise-sensitive buildings;

3. imposing administrative penalty, according to the provisions of laws, rules and regulations on housing administration, for illegal acts such as failing to comply with property management, housing market administration, housing security, conservation of excellent historic buildings, and expropriation and compensation of houses on State-owned land;

4. imposing administrative penalty, according to the provisions of laws, rules and regulations on urban and rural planning administration, for illegal acts such as constructing temporary buildings without approval, and failing to demolish temporary buildings or structures within the prescribed time limit;

5. imposing administrative penalty, according to the provisions of laws, rules and regulations on construction administration, for the illegal acts of constructing buildings or structures failing to comply with the administration of civilized construction, or of constructing buildings or structures within the safety protection areas of fuel gas pipelines that are prescribed by the Municipal People’s Government;

6. imposing administrative penalty, according to the provisions of laws, rules and regulations on managing air-conditioner installation and use, for the illegal act of installing air-conditioners in shared areas in buildings such as the corridors, stairs, entrances and exits;

7. imposing administrative penalty, according to the provisions of laws, rules and regulations on taxi administration, for taxi drivers’ violation of the regulations on passenger transportation service administration in downtown key areas; and

8. imposing administrative penalty, according to the provisions of laws, rules and regulations on parking plot administration, for motor vehicle drivers’ violation of the regulations on parking administration in downtown road parking lots.

The downtown key areas referred to in Paragraph 7 above shall be separately provided for and published by the Municipal People’s Government.

Article 6 (Duty of Investigating and Handling Illegal Buildings)

The UMALED, the sub-district offices and town/township people’s governments shall impose administrative penalties, in accordance with the provisions of the laws, rules and regulations on urban and rural planning and property management, for the illegal acts of erecting buildings and structures without approval as provided for in Item 8 of Paragraph 1 of Article 11 of the Regulations of Shanghai Municipality on Comprehensive Administrative Law Enforcement in Urban Management; but if the party concerned has obtained one of the following documents, the administrative department of planning and resources shall conduct administration in accordance with law:

1. the Opinion on the Selection of the Construction Project Site;

2. the Notice of the Requirements for Construction Project Planning;

3. the Permit for Construction Land-use Planning; or

4. the Examination Opinions on Construction Project Design Scheme.

The town/township comprehensive administrative law enforcement agencies shall, in the name of the town/township people’s governments, investigate and handle the acts of conducting construction without legally obtaining the rural construction planning permit or conducting construction not in compliance with the provisions of such a permit in the town/village planned areas.

The procedures for the town/township people’s governments to demolish illegal buildings within their administrative areas shall follow the provisions of the State and this Municipality on demolishing illegal buildings.

Article 7 (Law Enforcement Assistance)

When investigating and handling major, complex or relatively disputable illegal acts, the UMALED, sub-district offices and town/township people’ s governments may notify the administrative departments of housing and urban-rural development, housing administration, transportation, landscaping and city appearance, water affairs, ecological environment, market regulation and planning and resources, and other relevant departments to arrive on the spot and provide assistance in on-the-spot inspection and surveys of such illegal acts, and those relevant departments shall cooperate therewith.

When the UMALED, sub-district offices and town/township people’s governments investigate and handle an illegal act, the party concerned shall be subjected to the investigation as required, and shall provide such information as his/her personal identity or his/her organization’s name. If the party concerned refuses to provide his/her personal identity information, the urban-management law enforcer may require the public security organ to provide assistance on the spot, and the said organ shall dispatch persons to the scene on time to assist in the investigation.

In investigating and handling an illegal act, when the UMALED, sub-district offices and town/township people’ s governments need the administrative departments of housing and urban-rural development, housing administration, transportation, land scaping and city appearance, water affairs, ecological environment, market regulation, and planning and resources, and other relevant departments to provide the following law enforcement assistance, the relevant department shall cooperate in accordance with the provisions:

1. to consult, collect and photocopy the documentation related to the illegal act;

2. to assist in ascertaining the illegal act and identify the illegal articles; and

3. other matters that require assistance.

Article 8 (Case Transference and Acceptance)

The UMALED, sub-district offices and town/township people’s governments shall establish a case-transferring mechanism jointly with the relevant administrative departments. Where it is found necessary to transfer a case in law enforcement, it shall be transferred within five working days from the day of finding the illegal act. When a case is transferred, a letter of transferring the suspected illegal case shall be presented, and the illegal and other relevant articles involved shall be transferred simultaneously.

Where the relevant administrative departments have, before transferring the clues to the case, ordered the party concerned to make corrections or make corrections within a time limit, they shall transfer the notice of correction, the correction information and other materials together with the case to the UMALED, sub-district offices and town/township people’ s governments. The UMALED, sub-district offices and town/township people’ s governments may make administrative penalty decisions in accordance with law upon investigation and determination of illegal facts.

The UMALED, the sub-district offices and town/township people’s governments and relevant administrative departments shall register, verify and handle in a timely manner the transferred cases that have been accepted, and notify the transferring department of the handling result within 10 days from the day of making a decision of administrative handling.

Article 9 (Information Sharing Mechanism)

The UMALED, the sub-district offices and town/township people’s governments shall establish and perfect the urban-management and law-enforcement information sharing mechanism jointly with the relevant administrative departments.

The relevant administrative departments shall notify the UMALED, the sub-district offices and town/township people’s governments of the information on administrative licensing, supervision and administration related to the comprehensive administrative law enforcement in urban management, and the information on administrative licensing shall be notified within five working days from the day of making the decision of administrative licensing; the UMALED, the sub-district offices and town/township people’s governments shall notify on a monthly basis the relevant administrative departments of the situation of the administrative penalty and the problems found, and make suggestions on the administration.

The public security organ, the UMALED, the sub-district offices and town/township people’s governments shall establish an information sharing mechanism on street public-security and urban-management dynamic video monitoring.

Article 10 (Application of Administrative Penalty Clauses)

For the same illegal act committed by the party concerned, the UMALED, sub-district office and town/township people’s government shall not impose administrative penalties of fines for more than two times. If the same illegal act violates multiple laws and regulations, it shall be punished in accordance with the provisions on the highest amount of the fine.

Article 11 (Letter of Confirmation of the Service Address)

When investigating and collecting evidence, the UMALED, the sub-district office and town/township people’s government may require the party concerned to fill in the letter of confirmation of the service address, notifying the party concerned of the requirements for the filling-in and the adverse consequences that may arise from his/her refusal to provide the address.

The letter of confirmation of the service address shall include the postal code, the detailed address, and the contact telephone number of the served.

Article 12 (Document Service)

The UMALED, the sub-district office and town/township people’s government shall serve legal documents personally, by retention, by mail or by public notice as provided for by law.

They may serve legal documents by special mail delivery according to the address in the letter of confirmation of the service address and relevant provisions.

Where the party agrees and signs the confirmation letter, the UMALED, sub-district office and town/township people’s government may serve the written decision on administrative penalty on the party by fax, e-mail, and other means.

Article 13 (Credit Management and Information Publicity of Failing to Demolish an Illegal Building Within the Prescribed Time Limit or Refusing to Demolish It)

If a party concerned fails to demolish an illegal building within the prescribed time limit or refuses to demolish it, the UMALED, the sub-district office and town/township people’s government shall list his/her violation information in the public credit information service platform of this Municipality, and may publicize such information via the government website, newspapers, or a Wechat official account according to law. If the party concerned is an enterprise, the said information shall also be publicized via the enterprise credit information publicity system according to law.

Article 14 (Supervision and Inspection)

The municipal UMALED shall strengthen supervision and inspection over the district administrative law enforcement in urban management; the district UMALED shall strengthen supervision and inspection over sub-district and town/township comprehensive administrative law enforcement.

The UMALED may adopt the following modes of supervision and inspection:

1. routine supervision and checks over the administrative law enforcement;

2. assessment and examination of the administrative law enforcement files;

3. special inspection of the administrative law enforcement;

4. appraisal of the administrative law enforcement;

5. supervision and handling of major cases; and

6. other modes of supervision and inspection over the administrative law enforcement.

If, in its supervision and inspection, the urban-management law enforcement department, believes that an urban-management law enforcer should be subjected to a penalty in a certain circumstance, it may make suggestions on the penalty to his/her working unit, or the superior competent department, or the supervision department.

Article 15 (Handling of Interference in Official Duty Performance)

The public security organ shall promptly stop acts of interfering in urban-management law enforcers’ legal performance of duties in any of the following cases:

1. besieging, intercepting and hurting urban-management law enforcers;

2. robbing, damaging and destroying the seized articles;

3. intercepting urban-management law enforcement vehicles, or destroying law enforcement facilities or vehicles by violence;

4. illegally assembling around the office premises of the urban-management law enforcement agencies or in public places, and besieging, intercepting and charging the said agencies;

5. lingering and causing trouble in the office premises of urban-management law enforcement agencies; or

6. other cases of violent resistance to law enforcement.

If an act hindering urban-management law enforcers’ legal performance of duties violates the Law of the People’s Republic of China on Public Security Administration and Imposition of Punishment, punishment shall be imposed according to the law; if a crime is constituted by resorting to violence, threat or other means, the wrongdoer shall be prosecuted for criminal liability according to law.

Article 16 (Law Enforcement Norms and Team Building)

The municipal UMALED shall formulate, perfect, and publish the procedures of law enforcement, law enforcers’ code of conduct, discretion standard of administrative penalty, and relevant standards of law enforcement.

The municipal and district UMALEDs, the sub-district offices and town/township people’s governments shall, in accordance with the relevant provisions of the State and this Municipality, regularly carry out education and training of the urban-management law enforcers, and promote the specialization, normalization and standardization of the urban-management law enforcement teams.

Article 17 (Effective Date)

These Procedures shall be effective as of January 15, 2016. The Interim Procedures of Shanghai Municipality on the Relatively-Centralized Power of Administrative Punishment of  Urban Management shall be repealed simultaneously, which was promulgated by Decree No. 17 of Shanghai Municipal People’s Government on January 5, 2004, amended by Decree No. 41 of Shanghai Municipal People’s Government on June 27, 2005, amended by Decree No. 52 of Shanghai Municipal People’s Government on December 20, 2010, and amended and re-promulgated by Decree No. 81 of the Municipal People’s Government on February 7, 2012.