(1) The name and address of the party concerned;

(2) Facts and evidence in violation of laws, regulations or rules;

(three) the types and basis of administrative punishment;

(four) the way and time limit for the performance of administrative punishment;

(five) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit against the decision on administrative punishment;

(six) the name of the administrative organ that made the decision on administrative punishment and the date of making the decision.

The written decision on administrative punishment must be stamped with the seal of the administrative organ that made the decision on administrative punishment.

The written decision on administrative punishment shall be delivered to the parties on the spot after the announcement; If the party concerned is not present, the administrative organ shall, within seven days, serve the decision on administrative punishment on the party concerned in accordance with the relevant provisions of the Civil Procedure Law.

Extended data:

Article 37

When an administrative organ conducts an investigation or inspection, there shall be no less than two law enforcement personnel, and they shall show their certificates to the parties concerned or relevant personnel. The parties concerned or relevant personnel shall truthfully answer the inquiry and assist in the investigation or inspection, and shall not obstruct it. A record shall be made of the inquiry or inspection.

When collecting evidence, the administrative organ may adopt the method of sampling for evidence collection; In the case that the evidence may be lost or difficult to obtain later, it may be registered and preserved in advance with the approval of the person in charge of the administrative organ, and a decision on handling it shall be made in time within seven days. During this period, the parties concerned or relevant personnel shall not destroy or transfer the evidence.

Law enforcement officers who have a direct interest with the parties concerned shall withdraw.

Article 38?

After the investigation, the person in charge of the administrative organ shall review the results of the investigation and make the following decisions according to different situations:

(a) there are illegal acts that should be subject to administrative punishment, and make a decision on administrative punishment according to the seriousness and specific circumstances;

(two) the illegal act is minor, and administrative punishment may not be imposed according to law;

(three) if the illegal facts cannot be established, no administrative punishment shall be given;

(four) if the illegal act has constituted a crime, it shall be transferred to judicial organs.

If the circumstances are complicated or major illegal acts are given heavier administrative punishment, the person in charge of the administrative organ shall make a collective discussion and decision.

Before the person in charge of the administrative organ makes a decision, it shall be audited by the personnel engaged in the audit of the administrative penalty decision. Persons who are engaged in the examination of administrative punishment decisions for the first time in administrative organs shall obtain legal professional qualifications through the national unified legal professional qualification examination.

References:

Administrative Punishment Law of the People's Republic of China-China People's Congress Network