One thing that does not need to be stated in the administrative penalty decision is the signature of the person in charge of the administrative agency.
The administrative penalty decision shall specify the following matters:
1. The name and address of the party concerned. The parties include citizens, legal persons or other organizations. Administrative penalties imposed on citizens shall indicate the names and addresses of the parties involved; administrative penalties imposed on legal persons or other organizations shall indicate the names and addresses of legal persons or other organizations;
2. Violation of laws, regulations or Facts and evidence of regulations. The illegal facts and evidence are the basis for the implementation of administrative penalties, and they should be stated in the administrative penalty decision;
3. Types and basis of administrative penalties. It refers to what kind of administrative punishment the administrative agency imposes on the parties, as well as the laws, administrative regulations, local regulations or rules on which the administrative agency makes the administrative penalty decision, which should be stated in the administrative penalty decision letter;
4. The method and period of implementation of administrative penalties. The method of implementation of administrative penalties refers to the behavior by which the parties perform administrative penalties, such as paying fines at designated banks; demolishing illegal buildings, etc. The time limit is the period stipulated by law or required and limited by the administrative agency for the parties to perform the administrative penalty decision. For example, the party concerned should pay the fine at the designated bank within 15 days; the party concerned should demolish illegal buildings, etc. within one month as required by the administrative agency. If the party concerned fails to perform the administrative penalty decision in accordance with the performance method and the limited time limit, it is illegal. The administrative agency can take enforcement measures to force the party to perform the penalty decision;
5. If you are dissatisfied with the administrative penalty decision, apply for administrative reconsideration or file a lawsuit Channels and deadlines for administrative litigation. This requires the administrative agency to explain to the parties the legal remedies for dissatisfaction with the administrative penalty decision when making an administrative penalty decision. At the same time, the parties must be informed of the time limit for applying for administrative reconsideration or filing administrative litigation, that is, the number of days the party must apply for administrative reconsideration or filing administrative litigation from the date the administrative penalty decision is announced;
6. If the party refuses to accept the administrative penalty decision, The channels and time limits for applying for administrative reconsideration or filing administrative litigation are indispensable items stated in any legal document. The administrative penalty decision must be stamped with the seal of the administrative agency that made the administrative penalty decision. The administrative penalty decision shall be uniformly printed by the administrative agency, have a predetermined format, be numbered, fill it out in accordance with legal provisions, announce it to the parties and deliver it to the parties on the spot, which will be legally binding on the parties.
Legal basis
"Administrative Punishment Law of the People's Republic of China"
Article 9 Types of administrative penalties:
(1) Warnings and notifications of criticism;
(2) Fines, confiscation of illegal income, and confiscation of illegal property;
(3) Temporary seizure of licenses, lowering of qualification levels, and revocation of licenses ;
(4) Restricting production and business activities, ordering suspension of production and business, ordering closure, and restricting employment;
(5) Administrative detention;