(Promulgated on January 5, 2004 by Decree No 17 of the Shanghai Municipal People’s Government)

Article 1 (Purpose and Basis)
For the purpose of strengthening the city administration and raising the efficiency of administrative law enforcement of the city administration, these Procedures have been formulated in accordance with the“Law of the People’s Republic of China on the Administrative Punishment”, the“Decision of the State Council on the Further Promotion of the work of Relatively-Centralized Power of Administrative Punishment”and the provisions of relevant laws and regulations, and in the light of the actual circumstances in this Municipality.
Article 2 (Application Scope)
These Procedures apply to the exercise of the power of administrative punishment and its related powers of administrative coercion and administrative inspection (hereinafter referred to as the power of administrative punishment) over the city administration in the administrative area of this Municipality.
Article 3 (Departments of Implementation and Coordination)
The Shanghai Municipal Construction and Administration Commission shall organize the implementation of these Procedures.
The District/County City Administration Supervision Brigade (hereinafter referred to as the District/County City Administration Brigade) subjects itself to the leadership of the district/county people’s government and exercises the relatively-centralized power of administrative punishment in its administrative area according to the limits of power provided in these Procedures, and shall accept the professional guidance from the relevant administrative departments of this Municipality.
The relevant district/county administrative departments of construction, city appearance and sanitation, municipal engineering, greening, water affairs, environmental protection and administration, public security, industry and commerce, housing, land and resource administration, and planning, shall coordinate the District/County City Administration Brigade in the work of exercising the relatively-centralized power of administrative punishment.
Article 4 (Duties of the District/County City Administration Brigade)
The District/County City Administration Brigade shall perform the following duties:
1. To organize the exercise of the powers of administrative punishment authorized by the district/county administrative organs and laws and regulations, as provided by laws, rules and regulations on the administration of city appearance and environmental sanitation.
2. To organize the exercise of that part of the power of administrative punishment authorized by the district/county administrative organs and laws and regulations that are provided by laws, rules and regulations on the administrations of municipal engineering, greening, water affairs, environmental protection, public security and traffic, industry and commerce, real estate, and city planning, etc.,
3. The powers of administrative punishment in other fields stipulated by the Municipal People’s Government.
Article 5 (Limit of Power of other Law Enforcement Agencies)
After the relative centralization of the power of administrative punishment, the relevant district/county administrative organs and the organizations authorized by laws and regulations shall no longer exercise the power of administrative punishment that is to be exercised by the District/ County City Administration Brigade in a centralized manner; if they still exercise such power, the decisions of administrative punishment made by them shall have no effect.
Article 6 (Administration of the City Appearance and Environmental Sanitation)
The District/County City Administration Brigade shall exercise the power of administrative punishment on the wrongful acts within the limits of the land area and non-municipal-administered river courses according to the provisions of laws, rules and regulations governing the administration of city appearance and environmental sanitation.
Article 7 (Administration of Municipal Engineering)
The District/County City Administration Brigade shall exercise the power of administrative punishment on the acts that violate the administration of the non-municipal-administered urban roads (including the roads within the areas of cities and towns), bridges and their auxiliary facilities according to the provisions of laws, rules and regulations governing the administration of municipal engineering.
Article 8 (Administration of Greening)
The District/County City Administration Brigade shall exercise the power of administrative punishment on the wrongful acts, except those against the ancient and famous trees and the construction of greening, according to the provisions of laws, rules and regulations governing the administration of greening.
Article 9 (Administration of Water Affairs)
The District/County City Administration Brigade shall exercise the power of administrative punishment on the following wrongful acts within the non-municipal-administered river courses according to the provisions of laws, rules and regulations governing the administration of water affairs:
1. Dumping of industrial, agricultural and construction wastes, domestic garbage and excrement and urine;
2. Washing the vehicles and containers that have stored oils or poisonous and harmful pollutants; and
3. Constructing buildings or structures like houses and sheds without permission.
Article 10 (Administration of Environmental Protection)
The District/County City Administration Brigade shall exercise the power of administrative punishment on the following wrongful acts that can be judged without the need of testing instruments according to the provisions of laws, rules and regulations governing the administration of environmental protection:
1. The burning of materials in non-designated areas that produces poisonous and harmful smog and offensive gases;
2. The construction project, road transportation and operation of stacking that raises a dust and pollutes the environment;
3. Dumping at will or scattering industrial waste residues or other solid wastes in the process of loading and transportation;
4. The installation of air-conditioner and cooling facilities that violates relevant regulations and thus affects the environment and other people’s living;
5. The conduct of construction work at night without approval that produces noise pollution; and
6. The burning of smog producing materials like stalks and dead leaves in the open in the stipulated regions like densely populated areas, and in the vicinity of airports and major traffic lines, etc..
Article 11 (Administration of Public Security and Traffic)
The District/County City Administration Brigade shall exercise the power of administrative punishment on the wrongful acts of stalling without permission and occupying roads by stacking goods according to the provisions of laws, rules and regulations governing the administration of public security and traffic.
Article 12 (Administration of Industry and Commerce)
The District/County City Administration Brigade shall exercise the power of administrative punishment on the wrongful acts of operating business without license by occupying the road according to the provisions of laws, rules and regulations governing the administration of industry and commerce.
Article 13 (Administration of Construction)
The District/County City Administration Brigade shall exercise the power of administrative punishment on the wrongful acts of damaging, occupying without permission the obstacle-free facilities or changing the use of obstacle-free facilities according to the provisions of laws, rules and regulations governing the administration of construction.
Article 14 (Administration of Real Estate)
The District/County City Administration Brigade shall exercise the power of administrative punishment on the wrongful acts of constructing buildings and structures without permission on roads or in other places in the area of the property management according to the provisions of laws, rules and regulations governing the administration of real estate.
Article 15 (Administration of City Planning)
The District/County City Administration Brigade shall exercise the power of administrative punishment on the wrongful acts of constructing buildings or structures that affect the public security, public health and sanitation, city traffic and city appearance and landscape according to the provisions of laws, rules and regulations governing the administration of city planning.
Article 16 (Procedures of Demolishing Illegal Buildings)
In case of constructing without permission buildings or structures that affect the public security, public health and sanitation, city traffic and city appearance and landscape in violation of the provisions governing the administration of city planning, the District/County City Administration Brigade shall investigate, verify, and affirm according to law, and make the decision of demolishing within a specified time period.
The District/County City Administration Brigade shall make the decision of ordering the party concerned to demolish the illegal building within a specified time period in writing, and shall deliver it to the party concerned; in case that the party concerned is difficult to be ascertained, or in case of concentrated and clustered illegal constructions, the District/County City Administration Brigade may notify the wrongdoers by means of public announcement.
In case that the party concerned refuses to perform decision of demolishing the illegal construction when the time limit is due, the District/County City Administration Brigade may apply to the district/county people’s government for organizing an enforcement of demolishing. Ten days before the enforcement of demolishing the concentrated and clustered illegal buildings or seven days before the enforcement of demolishing other forms of illegal buildings, the district/county people’s government shall issue the public announcement.
In case of the construction of buildings or structures without authorization that affect the public security, public health and sanitation, city traffic and city appearance and landscape and that are still under construction, the District/County City Administration Brigade shall order the party concerned to stop the construction immediately and to demolish the construction within a specified time limit. In case that the party concerned refuse to stop the construction, or refuse to demolish the construction within the specified time limit, the District/County City Administration Brigade may enforce a demolishing immediately.
Article 17 (Report Acceptance and Handling)
The District/County City Administration Brigade shall establish the system of report and acceptance and handling of wrongful acts, and keep the reporter secret.
In case that the wrongful acts reported by citizens, legal persons or other organizations are within the scope of its duties, the District/County City Administration Brigade shall investigate and handle in time; in case of out of its duties, the District/County City Administration Brigade shall transfer the case to the relevant administrative departments for handling. The District/County City Administration Brigade shall inform the reporter of the situation of the investigation and handling or of the transfer.
Article 18 (Relevant Requirements on the Application of the Administrative Punishment)
The District/County City Administration Brigade shall, in exercising the power of administrative punishment, order the party concerned to correct or to correct within a specified time limit the wrongful acts. If the wrongful act is slight and is corrected in time without harmful results, the administrative punishment shall not be imposed.
In case that one act of the party concerned violates two or more provisions of laws, rules and regulations that all shall be fined, the District/County City Administration Brigade may apply the more serious penalty term to the administrative punishment, and shall not impose a cumulative fine or repeated fines.
Article 19 (Transfer of Cases)
In case that the District/County City Administration Brigade finds wrongful acts that are outside its scope of duties in its activities of supervision and inspection, it shall transfer the case to the relevant department for handling, and provide necessary evidences or materials.
The relevant department shall not, without proper reasons, refuse to accept the case transferred by the District/County City Administration Brigade, and shall inform the District/County City Administration Brigade in time after making the decision of the handling.
Article 20 (Sharing the information of Law Enforcement)
The District/County City Administration Brigade shall share the information about administrative punishment and administrative permission related to relatively-centralized power of administrative punishment over the city administration with the relevant district/county administrative departments of construction, city appearance and environmental sanitation, municipal engineering, greening, water affairs, environmental protection, public security, industry and commerce, housing and land resources, and planning, etc..
Article 21 (Legal Liabilities for the Refusal and Interference of Law Enforcement)
Anyone who refuses or interferes the performance of official duty according to law of the personnel from the city administration for supervision and inspection, and uses violence and threaten, shall be imposed by the public security organ punishment according to the“Regulations of the People’s Republic of China on Public Security Administration and Imposition of Punishment”. If the case is serious and the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for his/her criminal liabilities.
Article 22 (Investigation of the Illegal Acts of the Law Enforcement Personnel)
The personnel of the city administration for supervision and inspection shall exercise the law enforcement impartially. Anyone who neglects his/her duties, abuses his/her power, engages in malpractice for selfish ends, extorts and takes bribes shall be imposed administrative punishments by his/her work unit. If the case is serious and the wrongful act constitutes a crime, he/she shall be prosecuted for criminal liability according to law.
Article 23 (Reconsideration or Lawsuit)
The party concerned who does not accept the specific administrative acts made by the District/County City Administration Brigade may, according to the provisions of the“Law of the People’s Republic of China on Administrative Reconsideration”apply to the district/county people’s government for reconsideration; or may, according to the provisions of the“Administrative Litigation Law of the People’s Republic of China”, lodge a lawsuit directly to the people’s court.
Article 24 (Date of Implementation)
These Procedures shall become effective on February 1, 2004. The“Interim Regulations of Shanghai Municipality on the Comprehensive Law Enforcement of City Administration”promulgated by the Shanghai Municipal People’s Government on September 20, 2000 shall be repealed at the same time.