Provisions On Administration Of Seizure And Seizure Of Entry Exit Inspection And Quarantine

Director Li Changjiang

June 25th, two, eight

The second term "seizure and seizure" as mentioned in these Provisions refers to administrative coercive measures such as verification, sealing up or detention by the entry exit inspection and quarantine organs according to law.

The third General Administration of quality supervision, inspection and Quarantine (hereinafter referred to as the AQSIQ) is responsible for the management, supervision and inspection of the seizure and seizure of entry and exit inspection and quarantine.

The entry exit inspection and quarantine institutions set up by the AQSIQ are responsible for the implementation of sealing up and seizure.

The fourth inspection and quarantine organs shall be responsible for the seizure and seizure, with the principle of minimizing the rights and interests of the parties concerned.

The fifth citizens, legal persons or other organizations have the right to declare and defend the seizure and seizure imposed by the inspection and quarantine organs. They refuse to accept the seizure and seizure imposed by the inspection and quarantine organs, have the right to apply for administrative reconsideration according to law, or to institute administrative proceedings according to law.

(1) after written inspection, on-site inspection, sensory examination or preliminary examination, the statutory inspection of imported and exported commodities has evidence that the personal property safety, health and environmental protection items are not qualified.

(two) the inspection and inspection of non statutory import and export commodities are not qualified for personal property safety, health and environmental protection items.

(three) products that do not meet the statutory requirements of import and export food, edible agricultural products, etc., which are related to human health and life safety, raw materials, excipients, additives, agricultural inputs and tools and equipment for illegal production;

(four) import and export of food, edible agricultural products and other places related to human health and life safety have serious risks to human health and life safety.

(five) there are contracts, bills, books and other relevant information related to illegal activities in illegal activities involving products related to import and export, food and agricultural products, which are related to human health and life safety.

The inspection and quarantine organ believes that the seizure and seizure shall be carried out, but it is under the supervision of the customs or has been sealed up or seized by other administrative organs. The inspection and quarantine organ shall not carry out the sealing up or seizure temporarily, and shall promptly notify the customs in writing or implement other organs that have been seized or detained for necessary assistance.

The seventh seizure and seizure is usually carried out by the inspection and quarantine organ of the place where the violation occurs, in accordance with the principle of territorial jurisdiction.

Where inspection and quarantine institutions need to carry out seizure and seizure in other places, they shall notify the inspection and quarantine institutions in different places in a timely manner, and the inspection and quarantine organs in different places shall cooperate with them.

If more than two inspection and quarantine organs have jurisdiction disputes, they shall report to the joint higher authorities for designation of jurisdiction.

Ninth, before carrying out the seizure and seizure, the collection of evidence shall be done well, and the collected evidence shall be verified.

The tenth evidence materials for seizure and seizure generally include: on-site record sheets, on-site pcripts, various documents provided by the parties, samples extracted at the scene, audio-visual materials, laboratory inspection records, work records, inspection and quarantine results and other certification materials.

The eleventh article shall make a written or oral report to the person in charge of the inspection and quarantine organ before completing the seizure and seizure, and fill in the "approval form for sealing up and seizure", which can be implemented only after the approval of the person in charge of the inspection and quarantine organ.

If a case is serious or requires the seizure and seizure of a larger amount of property, the person in charge of the inspection and quarantine organ shall collectively discuss and decide.

In the event that twelfth emergency cases or no seizure or seizure may result in serious consequences, the inspection and quarantine organ may, on the basis of the principle of lawful, timely, appropriate, simple and non aggravating the burden of the parties, make the decision of sealing up or seizure on the spot, and organize and implement or supervise the implementation.

Thirteenth, when the seizure and seizure is carried out on the spot, the inspection and quarantine law enforcement personnel shall make relevant procedures in time.

Fourteenth, the implementation of seizure and seizure shall make the decision of sealing up and seizure.

The decision on sealing up and seizure shall specify the following items:

(1) the name or address of the party;

(two) facts, reasons and basis for sealing up and seizure measures;

(three) name, quantity and duration of the seizure and seizure of articles;

(four) the means and time limit for applying for administrative reconsideration or filing administrative proceedings.

(five) the name and seal of the administrative organ;

(six) signature and date of administrative law enforcement officers.

The fifteenth article "decision on sealing up and seizure of inspection and Quarantine" shall be submitted to the parties in time for signature and acceptance, and the parties shall sign or affix their seals to the "service return card" and indicate the date of service.

Where a party refuses to sign or affix a seal, it shall state it.

Sixteenth, the implementation of seizure and seizure shall meet the following requirements:

(1) the implementation of more than two administrative law enforcement personnel from the inspection and quarantine institutions;

(two) produce law enforcement identity documents;

(three) inform the parties on the spot of the reasons and basis for the seizure and seizure, and the rights enjoyed by the parties according to law.

(four) make on-site records, and, if necessary, shoot the scene.

The contents of the site record should include: the beginning and ending time of the seizure and seizure, the place of implementation, the state of seizure and detention.

(five) make a list of seized and seized articles.

A list of seizures and seizures is made in three copies, each being kept by the parties, the depositary of articles and the inspection and quarantine institution.

(six) the list of spot records and the seizure and seizure of goods shall be signed or sealed by the parties and the administrative law enforcement officers of the inspection and quarantine. If the parties are not at the scene or the parties refuse to sign or affix their seals, the witnesses should be invited to the scene to explain the situation and be noted in the pcript.

(seven) by adding seals or by other means, the inspection and quarantine organs have implemented sealing up and seizure.

If the inspection and quarantine certificate is required after the seizure and seizure is carried out, relevant certificates shall be issued according to relevant regulations.

The seventeenth inspection and quarantine organs shall, within 30 days, make decisions on the import and export commodities or other goods (places) sealed or seized according to law.

If the situation is complicated, the time limit can be extended by the person in charge of the inspection and quarantine organ, and the time limit shall not exceed 30 days.

For commodities or other articles with shorter shelf-life, the decision should be made within 7 days.

The time limit for administrative penalties is in accordance with the relevant provisions.

Unless otherwise stipulated by the law.

The time required for inspection or technical appraisal, inspection or technical appraisal shall not be included in the period of sealing up or seizure.

The period of inspection or technical appraisal shall be clear, and the parties concerned shall be informed.

The cost of inspection or technical appraisal shall be borne by the inspection and quarantine institution.

Eighteenth the import and export commodities or other articles (places) that are seized or seized shall be properly maintained by the inspection and quarantine organ, and shall not be used or damaged.

Except for losses caused by force majeure.

Nineteenth for the import and export commodities or other goods (places) that have been sealed up, the inspection and quarantine organ may designate the parties concerned to take care of it, or entrust third persons to take care of it, and the third party or the entrusted party shall not be damaged or pferred.

The party concerned shall be liable for damages arising from the cause of the party, and the entrusted inspection and quarantine organ and the entrusted third party shall be jointly and severally liable for the losses caused by the third party entrusted.

Article twentieth the import and export commodities that are not found to be subject to the safety, health and environmental protection items which are not qualified for personal property and other articles (places) that do not need to be sequestrated or sequestrated shall be immediately verified. The inspection and quarantine organs shall immediately release the seizure and seizure, and make the decision to lift the seizure and seizure and release the list of goods seized and seized.

If the twenty-first inspection and quarantine institutions fail to make decisions in the period of seizure and seizure, the sealing up and seizure shall be automatically terminated.

The seized goods or other articles shall be returned to the parties immediately.

(1) there is no law or regulation to carry out the seizure and seizure.

(two) change the statutory way of seizure and seizure, object, scope and conditions;

(three) carrying out seizure and seizure in violation of legal procedures.

The twenty-third inspection and quarantine organs in violation of these Provisions shall be promptly corrected and compensated according to law in any of the following circumstances. If the circumstances constitute a serious crime, they shall be investigated for criminal responsibility according to law.

(1) illegal seizure and seizure;

(two) use or damage the property seized or seized, causing losses to the party;

(three) no refund shall be given to the goods that should be returned or seized according to law, causing losses to the parties.

The twenty-fourth inspection and quarantine organs shall intercept, confiscate, or privately divide property seized or detained by higher inspection and quarantine authorities or relevant departments.

If the circumstances are serious enough to constitute a crime, they shall be investigated for criminal responsibility according to law.

Article twenty-fifth staff of the inspection and quarantine organs shall use their duties to facilitate the seizure and seizure of property. If the circumstances are serious enough to constitute a crime, they shall be investigated for criminal responsibility according to law.

Compulsory measures such as inspection and inspection for entry and exit passengers are not within the scope of this regulation, and shall be separately stipulated by the AQSIQ.

The twenty-seventh forms of documents for inspection and quarantine seizure and seizure are formulated by the AQSIQ and published on their website.

The twenty-eighth inspection and quarantine institutions shall establish and seal up and seize the files and keep them properly, with a period of not less than 2 years.

The twenty-ninth provision is interpreted by the AQSIQ.

The thirtieth article is self regulation.