Administrative Compulsion Law of the People’s Republic of China — Full English Translation (2012)

Chapter I: General Provisions

Article 1 This Law is enacted for the purposes of regulating the creation and enforcement of administrative compulsion, safeguarding and supervising administrative organs in performing their functions according to law, maintaining public interest and social order, and protecting the lawful rights and interests of citizens, legal persons, and other organizations.

Article 2 For the purposes of this Law, administrative compulsion includes administrative compulsory measures and administrative compulsory enforcement.
Administrative compulsory measures mean the temporary restrictive measures imposed by administrative organs, in the course of performing their administrative functions according to law, on the person or property of a citizen, legal person, or other organization, for the purposes of stopping illegal acts, preventing damage to evidence, avoiding harm, controlling the expansion of danger, and so forth.
Administrative compulsory enforcement means the measures taken by administrative organs or administrative organs applying to the people’s court to compel a citizen, legal person, or other organization to perform an obligation under an administrative decision, where the party concerned fails to perform such obligation according to law.

Article 3 This Law shall not apply to the response to emergencies or the adoption of administrative compulsory measures such as temporary emergency measures. This Law shall not apply to the adoption of control measures in the financial sector or technical investigation measures in the field of telecommunications.
Where administrative organs take internal management measures such as the removal from post or early retirement, this Law shall not apply.

Article 4 The creation and enforcement of administrative compulsion shall be in accordance with the statutory purview, scope, conditions, and procedures set forth in this Law.

Article 5 The creation and enforcement of administrative compulsion shall be appropriate. Where non-compulsory means can achieve the aim of administrative management, administrative compulsion shall not be created or enforced.

Article 6 Administrative organs and their functionaries shall not seek benefits by taking advantage of administrative compulsion.

Article 7 The State Council shall strengthen the construction of an administrative compulsion information system to facilitate consultation by citizens, legal persons, and other organizations.

Article 8 Where citizens, legal persons, or other organizations suffer damage as a result of illegal administrative compulsion by an administrative organ, they shall have the right to claim compensation according to law. Where citizens, legal persons, or other organizations suffer losses as a result of lawful administrative compulsion by an administrative organ, they shall have the right to claim indemnification according to law.
Where citizens, legal persons, or other organizations have objections to the enforcement of administrative compulsion, they shall have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

Chapter II: Types and Creation of Administrative Compulsion

Article 9 The types of administrative compulsory measures shall include:
(1) restriction of personal freedom;
(2) sealing up of premises, facilities, or property;
(3) seizure of property;
(4) freezing of deposits or remittances;
(5) other administrative compulsory measures.
The types of administrative compulsory measures stated in the preceding paragraph shall be set forth in laws and administrative regulations. Local regulations may only set forth the types of sealing up of premises, facilities, or property and seizure of property. No type of administrative compulsory measure other than those stipulated by laws, administrative regulations, or local regulations shall be created by any other normative document.

Article 10 Administrative compulsory measures shall be created by laws.
Where no law has been enacted but matters fall under the administrative management functions of the State Council, administrative regulations may create administrative compulsory measures other than those specified in Items (1) and (4) of Article 9 of this Law, provided that conditions are met.
Where no law or administrative regulation has been enacted but matters fall within local affairs, local regulations may create the administrative compulsory measures specified in Items (2) and (3) of Article 9 of this Law.
Normative documents other than laws, administrative regulations, and local regulations shall not create administrative compulsory measures.

Article 11 Where laws have already stipulated matters concerning administrative compulsory measures, administrative regulations and local regulations may only make specific provisions within the scope of the acts, types, and extent of administrative compulsory measures stipulated by such laws, and shall not expand the scope thereof.
Where administrative regulations or local regulations intend to create administrative compulsory measures in accordance with the provisions of this Law, they shall conduct hearings and argumentation meetings.

Article 12 The types of administrative compulsory enforcement shall include:
(1) levying additional fines or late payment surcharges;
(2) transferring deposits or remittances;
(3) auctioning or otherwise disposing of sealed-up or seized premises, facilities, or property according to law;
(4) removing obstructions or restoring to original condition;
(5) performance by proxy;
(6) other means of compulsory enforcement.
Administrative compulsory enforcement shall be created by laws. Where no law has been enacted but matters fall under the administrative management functions of the State Council, administrative regulations may create compulsory enforcement measures other than those set forth in Items (3), (4), and (6) of the preceding paragraph, as well as Item (5) thereof that requires the parties concerned to pay costs. No administrative compulsory enforcement measure shall be created by any other normative document.

Article 13 Where administrative compulsory enforcement is to be carried out by an administrative organ applying to the people’s court for compulsory enforcement, administrative organs shall submit applications according to law, and laws and regulations may not set forth any provisions deviating from the procedural provisions of this Law.

Article 14 In drafting draft laws and administrative regulations, the drafting entities shall adopt the methods of hearings and argumentation meetings to hear opinions on the necessity, feasibility and possible impact of the administrative compulsion to be created.

Article 15 After the enforcement of administrative compulsion, the enacting entity shall periodically evaluate the administrative compulsion created and, where it deems that the administrative compulsion is no longer appropriate, amend or repeal the relevant provisions. Citizens, legal persons, or other organizations may submit opinions and suggestions regarding the creation and enforcement of administrative compulsion to the enacting entity and the enforcement organs.

Chapter III: Administrative Compulsory Measures

Section 1: General Provisions

Article 16 Administrative organs that perform administrative management functions according to law may enforce administrative compulsory measures in accordance with the provisions of laws and regulations.
Where illegal acts constitute a crime and criminal liability shall be pursued according to law, administrative compulsory measures already taken in the nature of restricting personal freedom shall be commuted into the corresponding period of criminal detention or fixed-term imprisonment.
Administrative compulsory measures shall be enforced by qualified law enforcement personnel of administrative organs and shall not be entrusted to any other entity or individual.

Article 17 Administrative compulsory measures shall be enforced by qualified administrative law enforcement personnel of administrative organs and shall not be enforced by any other personnel.

Article 18 In enforcing administrative compulsory measures, administrative organs shall comply with the following provisions:
(1) reporting to the person in charge of the administrative organ and obtaining approval before enforcement, except where it is necessary to take measures on the spot under emergency circumstances;
(2) enforcing the measures by two or more administrative law enforcement personnel;
(3) presenting their law enforcement identification documents;
(4) notifying the parties concerned of the matter on site;
(5) listening to the statements and defenses of the parties concerned on site;
(6) producing on-site transcripts;
(7) having the on-site transcripts signed or sealed by the parties concerned and the administrative law enforcement personnel; where the parties concerned refuse, this shall be noted in the transcripts;
(8) where the parties concerned are not present on site, inviting persons who have witnessed the event to be present, who shall sign or seal the transcripts; and
(9) other procedures stipulated by laws and regulations.

Article 19 Where it is necessary to take administrative compulsory measures on the spot under emergency circumstances, administrative law enforcement personnel shall report to and complete the approval formalities with the person in charge of the administrative organ within 24 hours. Where the person in charge of the administrative organ deems that administrative compulsory measures shall not be taken, the measures shall be immediately lifted.

Article 20 Where administrative compulsory measures restricting personal freedom are to be taken in accordance with the provisions of laws, the following provisions shall be complied with in addition to the provisions of Article 18 of this Law:
(1) notifying the family members of the parties concerned of the enforcement organ, place, and term of the restriction on personal freedom on site or immediately after enforcement; where the enforcement organ, place, and term cannot be determined at the time of enforcement on site, notifying the family members of the parties concerned of the enforcement organ, place, and term immediately after determination;
(2) completing the formalities immediately at the time of emergency enforcement and reporting to the person in charge of the administrative organ for retroactive approval;
(3) where the term stipulated by law is reached, immediately lifting the restriction on personal freedom.

Article 21 Where administrative compulsory measures are suspected of constituting a crime, the administrative organs shall transfer the seized or sealed-up property together with the case file to the judicial authorities and inform the parties concerned of such transfer in writing.

Section 2: Procedures for Sealing Up and Seizure

Article 22 Administrative organs shall, in sealing up or seizing property, keep proper custody of such property and shall not use or damage it; where damage is caused, compensation shall be paid.

Article 23 In sealing up or seizing property, administrative organs shall seal up or seize only property necessary for the case. They shall not seal up or seize the daily necessities of citizens and their dependents. They shall not seal up or seize property unrelated to the illegal act. They shall not seal up or seize property that has already been sealed up by another administrative organ according to law.

Article 24 Where administrative organs decide to seal up or seize property, they shall produce and deliver a written decision on sealing up or seizure and a list of the property. The written decision shall state the following:
(1) the name and address of the party concerned;
(2) the reasons, basis, and term of the sealing up or seizure;
(3) the name and quantity of the sealed-up or seized property;
(4) the channels and time limits for applying for administrative reconsideration or bringing an administrative lawsuit;
(5) the name, seal, and date of the administrative organ.

Article 25 The term of sealing up or seizure shall not exceed 30 days; where the circumstances are complex, an extension may be granted upon approval by the person in charge of the administrative organ, but the extension shall not exceed 30 days. Where laws or administrative regulations provide otherwise, such provisions shall prevail.
Where an extension of the term for sealing up or seizure requires the party concerned to go through the formalities in person, the time spent on testing, inspection, quarantine, or technical appraisal required for such formalities shall not be counted toward the term. The administrative organ shall notify the party concerned in writing of the testing, inspection, quarantine, or technical appraisal required.

Article 26 The administrative organ shall keep proper custody of sealed-up or seized premises, facilities, or property and shall not use or damage them; where damage is caused, compensation shall be paid.
The administrative organ may entrust a third party with the custody of sealed-up premises, facilities, or property, and such third party shall not damage, transfer, or dispose of them without authorization.
Where losses are caused by the fault of the third party, the administrative organ shall first pay compensation and thereafter have the right to seek recovery from the third party.
Expenses for the custody of sealed-up or seized property shall be borne by the administrative organ.

Article 27 Where administrative organs take sealing-up or seizure measures, they shall make a timely decision to investigate and handle the matter. Where any of the following circumstances exists, the administrative organ shall promptly make a decision to lift the sealing-up or seizure:
(1) where the party concerned has no illegal act;
(2) where the sealed-up or seized premises, facilities, or property are unrelated to the illegal act;
(3) where the administrative organ has made a decision to confiscate the illegal proceeds or illegally used property or has punished the illegal act by other means, and the sealing-up or seizure is no longer necessary;
(4) where the term of sealing-up or seizure has expired;
(5) where other circumstances under which sealing-up or seizure is no longer necessary exist.
The lifting of sealing-up or seizure shall result in the immediate return of the property; where fresh or live goods or other property that is not easy to keep have been sold at auction or otherwise disposed of according to law, the proceeds from such auction or disposal shall be returned. Where a price reduction sale has been made for which administrative compensation shall be given, compensation shall be given. Where the party concerned fails to take delivery of the property within the specified period, the administrative organ shall make a public announcement to urge the party to take delivery; if the property remains uncollected for more than six months, the proceeds from its auction sale shall be turned over to the state treasury.

Section 3: Procedures for Freezing

Article 28 Freezing of deposits or remittances shall be carried out by administrative organs with the power to freeze deposits and remittances as stipulated by law and shall not be entrusted to, or carried out by, any other administrative organ or organization. No other administrative organ or organization may freeze deposits or remittances.
The amount of frozen deposits or remittances shall be equivalent to the amount involved in the illegal act.

Article 29 In freezing deposits or remittances, administrative organs shall produce a written decision and deliver it to the financial institution within three days. Where the financial institution receives the written decision on freezing delivered by the administrative organ, it shall immediately freeze deposits or remittances and shall not delay the freezing therefor.
Financial institutions shall not freeze deposits or remittances prior to receiving the written decision on freezing delivered by an administrative organ.

Article 30 The administrative organ shall, within three days of freezing deposits or remittances, deliver the written decision on freezing to the party concerned and inform the party concerned of the channels and time limits for applying for administrative reconsideration or bringing an administrative lawsuit. Where no decision is delivered or the decision is not delivered within the time limit, the freezing shall be lifted.

Article 31 Where the administrative organ decides to extend the freezing of deposits or remittances under any of the following circumstances, it shall deliver a written decision on the extension of freezing to the party concerned and the financial institution in a timely manner:
(1) where the illegal act involves a large amount of money, and the case cannot be handled within the specified period;
(2) where extension of the freezing period is required due to complex circumstances;
(3) where the period of freezing needs to be extended for other reasons.
The period of freezing shall not exceed 30 days; where the circumstances are complex, an extension may be granted upon approval by the person in charge of the administrative organ, provided that the extension shall not exceed 30 days. Where laws or administrative regulations provide otherwise, such provisions shall prevail. Where the period of freezing has expired but the administrative organ has not made a decision to handle the matter, the financial institution shall lift the freezing upon the expiry of the period.

Article 32 Where the administrative organ has made a decision to handle the matter and the freezing is no longer necessary, the administrative organ shall promptly make a decision to lift the freezing.

Article 33 Where the party concerned has no illegal act, the freezing shall be immediately lifted and the administrative organ shall notify the financial institution to lift the freezing in a timely manner. Where the frozen deposits or remittances are unrelated to the illegal act, the freezing of the unrelated portion shall be lifted.

Chapter IV: Procedures for Administrative Compulsory Enforcement by Administrative Organs

Section 1: General Provisions

Article 34 Where administrative organs have the power of administrative compulsory enforcement according to law, they may enforce administrative compulsory enforcement in accordance with the provisions of this Chapter. Where laws provide that administrative compulsory enforcement shall be applied for to the people’s court, administrative organs shall apply to the people’s court for compulsory enforcement. Where administrative organs have no power of administrative compulsory enforcement and the people’s court shall enforce it according to law, this Chapter shall apply with reference to the relevant provisions.

Article 35 Before making a decision on administrative compulsory enforcement, administrative organs shall urge the parties concerned to perform their obligations in advance. The written notice of urging shall be served in the manner in which the relevant administrative decision is served and shall state the following:
(1) the time limit for performance of the obligation;
(2) the manner of performance of the obligation;
(3) where a pecuniary obligation is involved, a clear statement on the amount;
(4) the right of the party concerned to make statements and defenses according to law.
Where the parties concerned have been urged to perform and the time limit for the party concerned to perform the obligation is no less than ten days from the date of service of the written notice, the party concerned may perform the obligation within the time limit stated in the notice.

Article 36 After receiving the written notice of urging, the parties concerned shall have the right to make statements and defenses. The administrative organ shall fully hear the opinions of the parties concerned, record, review, and verify the facts, reasons, and evidence raised by the parties concerned, and notify the parties concerned of the adoption of opinions.

Article 37 Where the parties concerned fail to perform their obligations within the time limit specified in the written notice of urging without justifiable reasons, the administrative organ may make a written decision on administrative compulsory enforcement. The written decision on administrative compulsory enforcement shall state the following:
(1) the name and address of the party concerned;
(2) the reasons and basis for compulsory enforcement;
(3) the manner and time of compulsory enforcement;
(4) the channels and time limits for applying for administrative reconsideration or bringing an administrative lawsuit;
(5) the name, seal, and date of the administrative organ.
Where, during the period of urging, evidence shows that there are signs of transfer or concealment of property, the administrative organ may immediately make a decision on compulsory enforcement.

Article 38 The written decision on administrative compulsory enforcement shall be served directly on the parties concerned. Where direct service cannot be effected, service shall be effected in accordance with the relevant provisions of the Civil Procedure Law of the People’s Republic of China.

Article 39 Enforcement of administrative compulsory enforcement shall be suspended under any of the following circumstances:
(1) where the party concerned has truly no capacity to perform;
(2) where a third party has a justified claim of rights over the subject matter of enforcement;
(3) where enforcement will cause irreparable losses and suspension of enforcement will not harm public interest;
(4) where other circumstances under which the administrative organ deems it necessary to suspend enforcement exist.
Where the circumstances for the suspension of enforcement cease to exist, the administrative organ shall resume enforcement. Where there is no obvious social harm and the party concerned has truly no capacity to perform, and enforcement is suspended for three years or more without resumption, the administrative organ shall no longer enforce.

Article 40 Enforcement shall be terminated under any of the following circumstances:
(1) where a citizen dies, leaving no property to be enforced and no obligor to assume the obligation;
(2) where a legal person or other organization is terminated, leaving no property to be enforced and no obligor to assume the obligation;
(3) where the subject matter of enforcement has been destroyed;
(4) where the administrative decision on which enforcement is based has been revoked;
(5) where the administrative organ deems it necessary to terminate enforcement.

Article 41 Where enforcement is suspended or terminated, the administrative organ shall notify the party concerned in writing.

Article 42 In enforcing administrative compulsory enforcement, administrative organs may reach an enforcement agreement with the parties concerned on the condition that public interest and the lawful rights and interests of others are not harmed. The enforcement agreement may stipulate performance by installments; where the parties concerned take remedial measures, late payment surcharges may be reduced or waived.
The enforcement agreement shall be performed. Where the parties concerned fail to perform the enforcement agreement, the administrative organ shall resume enforcement.

Article 43 Administrative organs shall not enforce administrative compulsory enforcement at night or on statutory holidays, except in emergencies.
Administrative organs shall not stop the supply of water, electricity, heat, gas, and other such means to compel the parties concerned to perform relevant administrative decisions, except where the parties concerned are required by law to cease construction or to dismantle illegal structures and the administrative organ has already made a lawful decision.

Article 44 Where illegal structures, structures, facilities, or other objects are required to be demolished, the administrative organ shall publish a public announcement ordering the parties concerned to dismantle them within a time limit; where the parties concerned fail to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and fail to dismantle them, the administrative organ may demolish them according to law.

Section 2: Procedures for Enforcement of Pecuniary Obligations

Article 45 Where administrative organs have made a decision on the payment of money according to law, and the parties concerned fail to pay within the time limit, the administrative organ may levy an additional fine or late payment surcharge according to law. The standard for additional fines or late payment surcharges shall be notified to the parties concerned.
The amount of an additional fine or late payment surcharge shall not exceed the original amount of the obligation to pay money.

Article 46 Where the parties concerned fail to pay within the time limit after an administrative decision on the payment of money has been made and the administrative organ imposes an additional fine or late payment surcharge, the parties concerned may still fail to pay after a written notice of urging specifying a time limit for payment has been served. Where the administrative organ has frozen the deposits or remittances of the party concerned, it may directly transfer the deposits or remittances to offset the fine or late payment surcharge. Where the administrative organ has sealed up or seized the property of the party concerned, it may auction the sealed-up or seized property according to law to offset the fine or late payment surcharge.
Where the parties concerned fail to perform within the time limit after receiving the written notice of urging and the administrative organ has not sealed up or seized the property of the party concerned, the administrative organ may seal up or seize the property of the party concerned and offset the fine or late payment surcharge in accordance with the preceding paragraph.
Where it is necessary to offset a fine against deposits or remittances or to offset a fine by auctioning sealed-up or seized property in accordance with the law, the administrative organ shall retain the amount equivalent to the fine and the late payment surcharge and immediately return the remainder to the party concerned.

Section 3: Procedures for Performance by Proxy

Article 47 Where the obligation of the party concerned under an administrative decision is to remove obstructions, restore the original condition, or perform other obligations and such obligation may be performed by proxy after a written notice of urging has been served and the party concerned has still failed to perform within the time limit, the administrative organ may perform the obligation by proxy or entrust a third party without an interest in the matter to perform it by proxy, provided that the consequences are already or will be harmful to traffic safety, environmental pollution, or natural resources.

Article 48 Where the administrative organ decides to perform an obligation by proxy or entrusts a third party without an interest in the matter to perform it by proxy, the administrative organ shall serve a written notice of urging on the party concerned stating the obligation to be performed by proxy prior to the performance by proxy.

Article 49 Where the obligation to be performed by proxy requires the party concerned to go through the formalities in person, the administrative organ shall notify the party concerned of the fact. Where the party concerned fails to appear at the time of performance by proxy, the administrative organ may not force the party concerned to appear.

Article 50 The expenses for performance by proxy shall be reasonably determined according to the cost principle and shall be borne by the party concerned. Where laws provide otherwise, such provisions shall prevail.
Performance by proxy shall not be carried out by violence, coercion, or other illegal means.

Chapter V: Application to the People’s Court for Compulsory Enforcement

Article 51 Where an administrative organ applies to the people’s court for compulsory enforcement, it shall provide the following materials:
(1) a written application for compulsory enforcement;
(2) the relevant administrative decision and the facts, reasons, and basis on which the decision is made;
(3) the opinions of the parties concerned and the situation of urging by the administrative organ;
(4) the subject matter of the application for compulsory enforcement;
(5) other materials that shall be submitted as required by law.

Article 52 The people’s court shall accept an application for compulsory enforcement under any of the following circumstances:
(1) where the relevant administrative decision may be applied for to the people’s court for compulsory enforcement according to law;
(2) where the application is filed within the statutory time limit;
(3) where the person subject to enforcement is specified;
(4) where the person subject to enforcement has failed to perform the obligation stated in the administrative decision within the time limit specified in the administrative decision and has still failed to perform the obligation after being urged to do so.

Article 53 Where the administrative organ applies to the people’s court for compulsory enforcement, the people’s court shall make a ruling within five days of accepting the application. Where the people’s court rules for compulsory enforcement, the administrative organ may enforce it. Where there is an urgent need to enforce, the people’s court may enforce it within 24 hours upon application by the administrative organ.

Article 54 Where an application filed by an administrative organ with the people’s court for compulsory enforcement is obviously lacking in factual basis, the people’s court shall, before making a ruling, hear the opinions of the administrative organ and the person subject to enforcement. Where the people’s court deems that the relevant administrative decision is illegal, it shall rule not to enforce it.

Article 55 Where an administrative organ applies to the people’s court for compulsory enforcement, the administrative organ shall bear the expenses of compulsory enforcement. The proceeds from the compulsory enforcement by the people’s court shall be turned over to the state treasury according to law, but the part corresponding to the fines and confiscated illegal proceeds shall be turned over to the state treasury according to law.

Article 56 Where the people’s court makes a ruling not to enforce, the administrative organ may apply for reconsideration to the people’s court at the next higher level within 15 days of receiving the ruling. The people’s court at the next higher level shall make a ruling within 15 days of receiving the application for reconsideration.

Chapter VI: Legal Liability

Article 57 Where an administrative organ, in the course of enforcing administrative compulsory measures or administrative compulsory enforcement, commits any of the following acts, the organ at the next higher level or the relevant department shall order it to make corrections and may impose sanctions on the directly responsible person in charge and other directly responsible personnel according to law:
(1) creating administrative compulsory measures or administrative compulsory enforcement without statutory authority;
(2) altering the subject matter, conditions, or means of administrative compulsion;
(3) violating statutory procedures in enforcing administrative compulsion;
(4) exceeding the statutory time limit in enforcing administrative compulsion;
(5) using or damaging sealed-up or seized premises, facilities, or property;
(6) illegally depriving citizens, legal persons, or other organizations of their property;
(7) illegally restricting the personal freedom of citizens;
(8) seeking benefits by taking advantage of administrative compulsion;
(9) illegally freezing deposits or remittances;
(10) other acts violating this Law.

Article 58 Where an administrative organ, in the course of enforcing administrative compulsory measures or administrative compulsory enforcement, causes damage to the persons or property of citizens, legal persons, or other organizations, it shall compensate them according to law.

Article 59 Where a financial institution, in violation of the provisions of this Law, fails to freeze deposits or remittances according to law, fails to lift the freezing of deposits or remittances, or delays the freezing of deposits or remittances, the administrative organ shall order it to make corrections and impose sanctions on the directly responsible person in charge and other directly responsible personnel according to law.

Article 60 Where an administrative organ, in violation of the provisions of this Law, takes advantage of the freezing of deposits or remittances to infringe upon the lawful rights and interests of citizens, legal persons, or other organizations, or transfers deposits or remittances to offset fines before the statutory time limit for enforcement has expired, the organ at the next higher level or the relevant department shall order it to make corrections and impose sanctions on the directly responsible person in charge and other directly responsible personnel according to law.

Article 61 Where a people’s court, in the course of compulsory enforcement, causes damage to the persons or property of citizens, legal persons, or other organizations due to violation of law, it shall compensate them according to law.

Article 62 Where an administrative organ, in violation of the provisions of this Law, fails to carry out its duties, fails to enforce administrative compulsion as required, or fails to lift administrative compulsory measures as required, the organ at the next higher level or the relevant department shall order it to make corrections and impose sanctions on the directly responsible person in charge and other directly responsible personnel according to law.

Chapter VII: Supplementary Provisions

Article 63 Where there are separate provisions in other laws regarding the creation and enforcement of administrative compulsion, such provisions shall prevail.

Article 64 Where administrative organs and their functionaries take advantage of administrative compulsion to seek benefits, the organ at the next higher level or the relevant department shall order them to return the illegally obtained property; where losses are caused, compensation shall be paid according to law; and sanctions shall be imposed on the directly responsible person in charge and other directly responsible personnel according to law.

Article 65 Where administrative organs, in the course of enforcing administrative compulsion, investigate and punish illegal acts and criminal offenses are involved, they shall transfer the case to the judicial authorities according to law.

Article 66 This Law shall enter into force as of January 1, 2012.