Decree No.9 of the Ministry of Agriculture and Rural Affairs of the People’s Republic of China in 2022
Release date: November 30, 2022
"Measures for the administration of comprehensive agricultural administrative law enforcement" was adopted at the 11th executive meeting of the Ministry of Agriculture and Rural Affairs on November 3, 2022, and is hereby promulgated and shall come into force as of January 1, 2023.
Measures for the administration of comprehensive agricultural administrative law enforcement
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the provisions of the Administrative Punishment Law of the People’s Republic of China and the actual work of agricultural comprehensive administrative law enforcement in order to strengthen the management of agricultural comprehensive administrative law enforcement agencies and law enforcement personnel and standardize agricultural administrative law enforcement behavior.
Article 2 These Measures shall apply to the agricultural and rural administrative departments of the people’s governments at or above the county level and the comprehensive agricultural administrative law enforcement agencies to carry out comprehensive agricultural administrative law enforcement work and related activities.
Article 3 The comprehensive agricultural administrative law enforcement work shall follow the principles of legal administration, reasonable administration, honesty and credibility, due process, high efficiency and convenience, and unity of power and responsibility.
Article 4 The Ministry of Agriculture and Rural Affairs shall be responsible for guiding and supervising the comprehensive agricultural administrative law enforcement throughout the country.
The competent agricultural and rural departments of the local people’s governments at or above the county level shall be responsible for the comprehensive agricultural administrative law enforcement work within their respective jurisdictions.
Article 5 The competent agricultural and rural departments of the local people’s governments at or above the county level shall clarify the division of responsibilities between the agricultural comprehensive administrative law enforcement agencies and the industry management and technical support agencies, and improve the coordination mechanisms such as clue disposal, information sharing, supervision and spot check, and linkage of inspection and punishment, so as to form a joint force of law enforcement.
Article 6 The competent agricultural and rural departments of local people’s governments at or above the county level shall establish and improve the cross-regional agricultural administrative law enforcement linkage mechanism, and strengthen exchanges and cooperation with other administrative law enforcement departments and judicial organs.
Article 7 The competent agricultural and rural departments of the people’s governments at or above the county level shall commend and reward law enforcement agencies and law enforcement personnel who have made outstanding achievements and contributions in agricultural administrative law enforcement or have other outstanding deeds in accordance with the relevant provisions of the state and local people’s governments.
Article 8 The competent agricultural and rural departments of local people’s governments at or above the county level and their comprehensive agricultural administrative law enforcement agencies shall strengthen the construction of grass-roots party organizations and party member teams, and establish and improve the responsibility system for building a clean and honest party style.
Chapter II Administration of Law Enforcement Agencies and Personnel
Article 9 The comprehensive agricultural administrative law enforcement agencies established by the competent agricultural and rural departments of local people’s governments at or above the county level shall undertake and centrally exercise agricultural administrative punishment, administrative inspection and administrative compulsory functions related to administrative punishment, and uniformly enforce the law in the name of the agricultural and rural departments.
Article 10 The provincial agricultural comprehensive administrative law enforcement agencies shall undertake and concentrate on the agricultural administrative law enforcement responsibilities clearly defined by laws, regulations and rules by the competent agricultural and rural departments of the provincial people’s governments and their subordinate units, and shall be responsible for investigating and handling cross-regional complex illegal cases with great influence, supervising, guiding, organizing and coordinating the agricultural administrative law enforcement work within their respective jurisdictions.
Municipal agricultural comprehensive administrative law enforcement agencies undertake and focus on exercising the responsibilities of agricultural administrative law enforcement clearly stipulated by laws, regulations and rules, which are undertaken by the competent agricultural and rural departments of the municipal people’s government and their subordinate units, and are responsible for investigating and handling cross-regional complex illegal cases with great influence and general agricultural illegal cases directly under their jurisdiction, and supervising, guiding, organizing and coordinating agricultural administrative law enforcement work within their jurisdiction.
County-level agricultural comprehensive administrative law enforcement agencies are responsible for the unified implementation of daily law enforcement inspections and the investigation and handling of general agricultural illegal cases within their respective jurisdictions.
Article 11 The Ministry of Agriculture and Rural Affairs shall establish and improve the guidance mechanism for law enforcement and case handling, select experts in law enforcement and case handling in different fields, and set up a national agricultural administrative law enforcement expert database.
The competent department of agriculture and rural affairs of the local people’s government at or above the municipal level shall transfer the backbone of agricultural administrative law enforcement within its jurisdiction to form a law enforcement case-handling steering group to strengthen the guidance of agricultural administrative law enforcement at the grassroots level.
Article 12 The competent agricultural and rural departments of the local people’s governments at or above the county level shall establish a law enforcement cooperation mechanism with the township people’s governments and sub-district offices, and guide and support the law enforcement agencies of the township people’s governments and sub-district offices to assist the comprehensive agricultural administrative law enforcement agencies in carrying out daily inspections, accepting complaints and reports, and investigating and collecting evidence.
County-level agricultural administrative punishment power shall be exercised by township people’s governments and subdistrict offices according to law, and the competent agricultural and rural departments of the county-level people’s governments shall strengthen the business guidance and supervision of the comprehensive administrative law enforcement agencies of township people’s governments and subdistrict offices, and provide support and guarantee in terms of professional technology and business training.
Thirteenth superior agricultural and rural authorities and their comprehensive agricultural administrative law enforcement agencies can, according to the needs of the work, with the consent of the lower agricultural and rural authorities, call the personnel of the lower agricultural comprehensive administrative law enforcement agencies to carry out law enforcement work such as investigation and evidence collection according to procedures.
Agricultural comprehensive administrative law enforcement personnel with administrative law enforcement certificates may participate in cross-departmental, cross-regional and cross-level administrative law enforcement activities according to the needs of law enforcement coordination.
Fourteenth agricultural comprehensive administrative law enforcement personnel should undergo on-the-job training, pass the examination and obtain administrative law enforcement certificates before they can engage in administrative law enforcement work.
Agricultural comprehensive administrative law enforcement agencies shall encourage and support agricultural comprehensive administrative law enforcement personnel to participate in the national unified legal professional qualification examination and obtain legal professional qualifications.
Article 15 The Ministry of Agriculture and Rural Affairs is responsible for formulating the national training program for agricultural comprehensive administrative law enforcement personnel, compiling and compiling law enforcement training materials, and organizing the training of local law enforcement backbones and teachers.
The competent agricultural and rural departments of the local people’s governments at or above the county level shall formulate training plans and organize the training of law enforcement personnel within their respective jurisdictions. Encourage qualified places to build comprehensive agricultural administrative law enforcement training bases and on-site teaching bases.
Agricultural comprehensive administrative law enforcement personnel shall receive no less than 60 hours of public legal knowledge, business legal knowledge and law enforcement skills training every year.
Article 16 The competent agricultural and rural departments of the people’s governments at or above the county level shall regularly carry out law enforcement training and competition activities, and select and train law enforcement and case-handling experts with high professional level and strong comprehensive quality.
Article 17 Agricultural comprehensive administrative law enforcement agencies shall establish and implement a system of regular rotation of law enforcement personnel, and train law enforcement personnel who are proficient in both general and special skills and are multi-functional.
Eighteenth departments in charge of agriculture and rural areas of the people’s governments at or above the county level may, according to the needs of the work, allocate administrative law enforcement auxiliary personnel for agricultural comprehensive administrative law enforcement agencies in accordance with the prescribed procedures and authority.
Auxiliary personnel of administrative law enforcement shall carry out auxiliary work of administrative law enforcement under the guidance and supervision of agricultural comprehensive administrative law enforcement agencies and law enforcement personnel. Auxiliary personnel are prohibited from enforcing the law independently.
Chapter III Code of Conduct for Law Enforcement
Nineteenth agricultural and rural administrative departments of the people’s governments at or above the county level shall implement administrative punishment and related law enforcement activities with clear facts, sufficient evidence, legal procedures, accurate characterization, correct application of laws, reasonable discretion and standardized documents.
Agricultural comprehensive administrative law enforcement personnel shall perform administrative law enforcement duties in accordance with the statutory authority, so as to strictly regulate fair and civilized law enforcement, and shall not neglect their duties, exceed their powers or abuse their powers.
Article 20 The competent agricultural and rural departments of the people’s governments at or above the county level shall disclose the basic information of agricultural administrative law enforcement such as administrative law enforcement personnel, responsibilities, basis, scope, authority and procedures to the public through the official websites, bulletin boards and law enforcement service windows of the departments or the governments at the corresponding levels, and make dynamic adjustments in a timely manner according to changes in laws and regulations, institutional functions and law enforcement personnel.
The competent agricultural and rural departments of the people’s governments at or above the county level shall make decisions on administrative penalties that have a certain social impact, such as the quality and safety of agricultural products, the quality of agricultural materials, the quality of cultivated land, the prevention and control of animal and plant epidemics, the protection of agricultural machinery, the ecological environment of agricultural resources, and the protection of the right to new plant varieties, and shall be disclosed to the public according to law.
Article 21 The competent agricultural and rural departments of the people’s governments at or above the county level shall record the whole process of agricultural administrative law enforcement, such as starting, investigation and evidence collection, examination and decision, delivery and execution, etc., and make a comprehensive and systematic filing and preservation, so that the whole process of law enforcement can be traced and managed retroactively.
On-the-spot law enforcement activities that directly involve major property rights and interests, such as seizure and seizure of seized property, collection and destruction of illegal goods and products, and administrative law enforcement processes that are easily controversial, such as investigation and evidence collection, hearing, lien service and announcement service, shall be recorded by audio and video throughout.
Legal documents, audio-visual and other records produced by agricultural administrative law enforcement shall be filed and preserved in accordance with relevant laws, regulations and archives management regulations.
Article 22 Before the competent agricultural and rural departments of the local people’s governments at or above the county level make major law enforcement decisions involving major public interests, which may cause major social impacts or social risks, and the case is difficult and complicated, involving multiple legal relationships, they shall perform legal review procedures according to law. No decision shall be made without legal examination or examination.
The competent agricultural and rural departments of the local people’s governments at or above the county level shall, in combination with the categories of administrative law enforcement actions, the level of law enforcement, the fields they belong to, the amount involved, etc., formulate a list of legal review directories for major law enforcement decisions of their own departments.
Twenty-third agricultural comprehensive administrative law enforcement agencies to make agricultural administrative law enforcement documents, should follow the norms of agricultural administrative law enforcement documents formulated by the Ministry of agriculture and rural areas and the basic document format of agricultural administrative law enforcement.
The contents of agricultural administrative law enforcement documents shall comply with the provisions of relevant laws, regulations and rules, so as to achieve uniform format, complete content, clear expression, strict logic and standardized terminology.
Article 24 The Ministry of Agriculture and Rural Affairs may, in accordance with the need to unify and standardize the national standards of agricultural administrative law enforcement discretion, formulate the benchmark of discretion for specific agricultural administrative punishment matters.
The competent agricultural and rural departments of the local people’s governments at or above the county level shall, in accordance with laws, regulations, rules and the provisions of the Ministry of Agriculture and Rural Affairs, formulate the standards for the discretion of agricultural administrative punishment in their respective jurisdictions, clarify the discretion standards and applicable conditions, and make them public.
The competent agricultural and rural departments of the people’s governments at or above the county level shall exercise the discretion of agricultural administrative punishment, and shall accurately apply the types and scope of administrative punishment according to the facts, nature, circumstances and social harm of the illegal act.
Article 25 When carrying out law enforcement inspection, investigation and evidence collection, taking compulsory measures and enforcement, serving law enforcement documents, etc., agricultural comprehensive administrative law enforcement personnel shall take the initiative to show their law enforcement certificates, identify themselves to the parties and relevant personnel, and unify law enforcement clothing and wear agricultural law enforcement signs in accordance with the provisions.
Article 26 The Ministry of Agriculture and Rural Affairs regularly issues guiding cases of agricultural administrative law enforcement to standardize and unify the application of comprehensive agricultural administrative law enforcement laws throughout the country.
The competent agricultural and rural departments of the people’s governments at or above the county level shall timely release typical cases of agricultural administrative law enforcement within their respective jurisdictions, and play a warning and deterrent role.
Article 27 Agricultural comprehensive administrative law enforcement agencies should adhere to the combination of punishment and education, and integrate the publicity and education of the rule of law into the whole process of law enforcement in accordance with the requirements of "whoever enforces the law will popularize the law".
County-level agricultural comprehensive administrative law enforcement personnel should take the form of package and film, and establish a contact mechanism with rural demonstration households.
Twenty-eighth agricultural comprehensive administrative law enforcement personnel to perform their statutory duties according to law shall be protected by law, and shall not be punished without legal reasons or legal procedures. No organization or individual may obstruct or hinder agricultural comprehensive administrative law enforcement personnel from performing official duties according to law.
Agricultural comprehensive administrative law enforcement personnel who intentionally or grossly neglect to perform or illegally perform administrative law enforcement duties, resulting in harmful consequences or adverse effects, shall bear administrative responsibilities according to law.
Twenty-ninth agricultural comprehensive administrative law enforcement agencies and their law enforcement personnel shall strictly enforce the law in accordance with the requirements of laws, regulations and rules, and strictly abide by the following provisions:
(a) no bending the law, asylum offenders;
(two) are not allowed to exceed the law enforcement, violation of procedures;
(three) are not allowed to interfere with the normal business activities of market participants;
(four) are not allowed to take advantage of his position to make profits for himself and his relatives and friends;
(five) law enforcement is not allowed to be arbitrary, light and heavy, and the penalty is escrow;
(6) no rough style.
Chapter IV Guarantee of Law Enforcement Conditions
Article 30 The competent agricultural and rural departments of the local people’s governments at or above the county level shall implement the financial guarantee system for law enforcement funds, and include the funds for agricultural administrative law enforcement operation, law enforcement equipment construction, law enforcement sampling inspection, and custody and disposal of confiscated goods into the departmental budget to ensure that the needs of law enforcement work are met.
Article 31 The competent agricultural and rural departments of the people’s governments at or above the county level shall rely on big data, cloud computing, artificial intelligence and other information technology means to strengthen the informatization construction of agricultural administrative law enforcement and promote the collection, integration and interconnection of law enforcement data.
Agricultural comprehensive administrative law enforcement agencies should make full use of the existing law enforcement information system and information sharing platform, fully implement handheld law enforcement and mobile law enforcement, and realize online circulation of law enforcement procedures, online supervision of law enforcement activities and online inquiry of law enforcement information.
Article 32 The competent agricultural and rural departments of the local people’s governments at or above the county level shall, according to the needs of law enforcement, allocate law enforcement office rooms, inquiry rooms, mediation rooms, hearing rooms, material evidence rooms, warehouses for confiscated and seized articles and other auxiliary law enforcement rooms for agricultural comprehensive administrative law enforcement agencies.
Article 33 The competent agricultural and rural departments of the local people’s governments at or above the county level shall, in accordance with the administrative measures for official vehicles of the party and government organs and the administrative measures for the allocation and use of vehicles for law enforcement of the party and government organs, and in combination with the actual agricultural administrative law enforcement in their respective areas, reasonably equip agricultural comprehensive administrative law enforcement agencies with agricultural administrative law enforcement vehicles.
The competent agricultural and rural departments of the local people’s governments at or above the county level shall equip the agricultural comprehensive administrative law enforcement agencies with law enforcement equipment such as basic equipment, evidence collection equipment, emergency equipment and personal protective equipment required for performing their duties according to law.
Article 34 On-the-job law enforcement officers in the agricultural comprehensive administrative law enforcement agencies established or affiliated to the competent agricultural and rural departments of local people’s governments at or above the county level shall be uniformly distributed with uniforms and signs of agricultural comprehensive administrative law enforcement.
The competent agricultural and rural departments of the local people’s governments at or above the county level shall distribute standard clothing and signs in accordance with the comprehensive administrative law enforcement measures for the administration of standard clothing and signs and relevant technical specifications, and shall not expand the scope of clothing and raise the distribution standards on their own, or change the style of standard clothing and signs.
Agricultural comprehensive administrative law enforcement personnel shall properly keep standard clothing and signs, and if they resign, transfer or are dismissed or expelled, they shall return all standard clothing and signs such as cap badges, armbands and epaulettes; Those who retire shall return all signs such as hat badge, armband and epaulettes.
Article 35 The Ministry of Agriculture and Rural Affairs shall formulate and issue a unified national comprehensive agricultural administrative law enforcement logo.
The competent agricultural and rural departments of the local people’s governments at or above the county level shall, in accordance with the relevant requirements of the Ministry of Agriculture and Rural Affairs, standardize the use of law enforcement signs, and shall not arbitrarily change the content, color, internal structure and proportion of the signs.
The ownership of agricultural comprehensive administrative law enforcement signs belongs to the Ministry of Agriculture and Rural Affairs. Without permission, no unit or individual may use it without authorization or register the same or similar logo as a trademark.
Chapter V Law Enforcement Supervision
Thirty-sixth agricultural and rural departments at higher levels shall supervise the administrative law enforcement work of agricultural and rural departments at lower levels and their comprehensive agricultural administrative law enforcement agencies, and promptly correct illegal or obviously inappropriate acts.
Article 37 For major illegal cases that have great social impact, complicated cases or may involve crimes, the agricultural and rural departments at higher levels can take the form of sending letters to supervise, listing supervision and on-site supervision to urge the agricultural and rural departments at lower levels and their comprehensive agricultural administrative law enforcement agencies to investigate and handle them. The agricultural and rural departments and their comprehensive agricultural administrative law enforcement agencies that take over the cases shall promptly investigate and dispose of them, and feedback the progress and results of the investigation as required.
Article 38 The competent agricultural and rural departments of the people’s governments at or above the county level shall establish and improve the evaluation system of administrative law enforcement documents and files, conduct evaluation on a regular basis, and publish the evaluation results.
Article 39 The competent agricultural and rural departments of the local people’s governments at or above the county level shall regularly assess and comment on the comprehensive agricultural administrative law enforcement work of their own units. The assessment results are an important basis for the promotion and evaluation of agricultural administrative law enforcement personnel.
Article 40 A comprehensive agricultural administrative law enforcement agency shall establish a statistical reporting system for administrative law enforcement, and submit half-year and full-year law enforcement statistics to the competent agricultural and rural authorities at the same level and the comprehensive agricultural administrative law enforcement agency at the next higher level before June 30 and December 31 each year in accordance with the relevant requirements of the Ministry of Agriculture and Rural Affairs.
Article 41 The competent agricultural and rural departments of local people’s governments at or above the county level shall improve the social supervision mechanisms such as mass supervision and public opinion supervision, and promptly respond to illegal cases involving agriculture that are reported and complained by the people, exposed by news media and transferred by relevant departments, and properly handle them.
Article 42 The competent agricultural and rural departments of local people’s governments at or above the county level shall be encouraged to establish a reward mechanism for reporting major illegal acts in conjunction with relevant departments such as finance, judicial administration, etc., and make specific provisions on the scope and standards of reward for reporting in light of local conditions, standardize the issuance procedures, and do a good job in the whole process of supervision.
Forty-third people’s governments at or above the county level shall establish a system of accountability for leading cadres to intervene in law enforcement activities and intervene in specific cases.
Article 44 The competent agricultural and rural departments of the people’s governments at or above the county level shall establish and improve the mechanism of early warning, judgment and emergency response to sudden problems, respond to social concerns in a timely manner, and improve the ability of risk prevention and response.
Chapter VI Supplementary Provisions
Article 45 These Measures shall come into force as of January 1, 2023.
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