The Provisions on Administrative Law Enforcement Procedures by Internet Information Departments (Draft for Solicitation of Comments)

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[Source]https://www.moj.gov.cn/pub/sfbgw/lfyjzj/lflfyjzj/202209/t20220908_463206.html
Comment Period: 至2022年10月8日

Chapter I: General Provisions

Article 1: These Provisions are drafted on the basis of the PRC Administrative Punishment Law, the Cybersecurity Law of the PRC, the PRC Data Security Law, the Personal Information Protection Law of the PRC, and other relevant laws and administrative regulations, so as to regulate and ensure internet information departments' performance of duties in accordance with law, to protect the lawful rights and interests of citizens, legal persons, and other organizations, and to preserve national security and public interest.

Article 2: These regulations apply to the lawful carrying out of administrative law enforcement by internet information departments, and to the administrative punishment of illegal conduct.

The "internet information departments" as used in these regulations refers to the Cyberspace Administration of China and local internet information offices.

Article 3: Internet information offices carrying out administrative punishments shall comply with the principles of justice and transparency and persist in combining punishment and education, making it so that the facts are clear, the evidence is conclusive, the basis is correct, the procedures are legal, the punishment is appropriate, and the use of enforcement documents is regulated.

Article 4: The internet information departments are to establish an oversight system for administrative law enforcement.

Higher level internet information departments are to conduct oversight of lower level internet information departments' implementation of administrative law enforcement.

Article 5: Internet information departments shall strengthen the establishment of the law enforcement teams and capacity, and establish and complete systems for the training, testing, evaluation, and qualification management and certification of law enforcement personnel.

Law enforcement personnel shall participate in training on legal and operational knowledge that are organized by the internet information departments, and shall pass administrative law enforcement qualifications tests or evaluations to obtain law enforcement credentials before they may engage in law enforcement work.

Law enforcement credentials are to be uniformly produced and issued by the State internet information department or issued by authorized provincial, autonomous region, or directly governed municipality internet information departments.

Article 6: Internet information departments and their law enforcement personnel shall lawfully preserve the confidentiality of state secrets, commercial secrets, or personal private information that they obtain in the course of law enforcement.

Article 7: Law enforcement personnel with any of the following situations shall voluntarily recuse themselves; and parties have the right to apply for the recusal of law enforcement personnel:

(1) Is a party to the case or a party's close relative.

(2) Has a direct interest in the case;

(3) Has other relationships with the case that might impact just law enforcement.

The responsible persons for internet information departments are to make decisions on the recusal of law enforcement personnel. The personnel subject to applications for recusal are not to stop investigating the case before a recusal decision is made.

Chapter II: Jurisdiction and Application

Article 8: Administrative punishments are in the jurisdiction of the internet information department for the site where the offense occurs. Where laws, administrative regulations, and departmental rules provide otherwise, follow those provisions.

The site where the offense occurs includes the location of the related service permits or filings of the network operators who carried out the offense, their primary business site, their industry and commerce registry location (where their industry and commerce registry is not the same as their primary business site, the primary business site should be followed), the domicile of legal persons, the location of website platforms' founders, managers, or users, network access sites, the location of computers and other terminal equipment, and so forth.

Article 9: In accordance with their duties, internet information departments at the districted-city level or below have jurisdiction over administrative punishment cases such as on online information content, network security, data security, and personal information protections in the corresponding administrative region.

In accordance with their duties, provincial, autonomous region, or directly governed municipality internet information departments have jurisdiction over major or complex administrative punishment cases such as on online information content, network security, data security, and personal information protections in the corresponding administrative region.

In accordance with its duties, the state internet information department shall have jurisdiction over administrative punishment cases carried out by that department and major or complex administrative punishment cases such as on online information content, network security, data security, and personal information protections throughout the nation.

Article 10: Where two or more internet information departments have jurisdiction over the same violation by a party, the first internet information department to file the case has jurisdiction.

Where two or more internet information departments have a dispute over jurisdiction, it shall be resolved through consultation, and where negotiations are unsuccessful, it is to be reported to an internet information department at a shared higher level for a designation of jurisdiction; the internet information department at a shared higher level may also directly designate jurisdiction.

Article 11: When higher level internet information departments find it necessary, they may directly handle cases in the jurisdiction of lower level internet information departments, and may also transfer cases in their own jurisdiction to be handled by lower internet information departments. Where laws, regulations, or rules clearly provide that higher level internet information departments shall have jurisdiction over cases, the higher level internet information departments must not send the case to the jurisdiction of a lower internet information department.

Where for special reasons lower level internet information departments cannot exercise jurisdiction over cases in their jurisdiction, they may report it to the higher level internet information departments for jurisdiction or designation of jurisdiction.

Article 12: Where internet information departments discover that a case is not in their jurisdiction, they shall promptly transfer it to an internet information department with jurisdiction.

The internet information departments receiving transfers shall promptly notify the internet information department that transferred the case by letter of the outcomes of the investigation and handling, and where it is felt that the transfer is improper, the shall report it to an internet information department at a shared higher level for a designation of jurisdiction, and must not transfer it again.

Article 13: After the higher internet information departments receive a request for instruction on contested jurisdiction or submission for designation of jurisdiction, they shall make a decision on designating jurisdiction within 10 days, and inform the lower internet information departments in writing.

Article 14: Where internet information departments find that a case belongs to another administrative organ's jurisdiction, they shall transfer it to the relevant administrative organ in accordance with law.

Where internet information departments discover unlawful conduct that is suspected of being a crime, the case shall be promptly sent to the justice organs. Where the judicial organs decide to open a case, the internet information departments shall submit all materials related to the case to the judicial organ within 3 working days of receiving the written case-filing notice, and complete the transfer formalities.

The internet information departments shall strengthen coordination and cooperation with judicial organs, establishing and completing case transfer systems, strengthening links for the transfer and acceptance of evidence materials, and improving mechanisms for circulating information on case handling.

Article 15: For administrative punishment decisions such as in which the original permitting or approving department shall cancel permits, the internet information departments shall send the evidence and related materials they have acquired to the original permitting or approving department, which is to make a decision in accordance with law on whether or not to cancel the permits.

Article 16: Parties must not be fined twice or more for the same illegal conduct. Where the same conduct violates multiple laws or regulations that should be given fines, punishment is to be given in accordance with the highest fine.

Chapter III: Ordinary Procedures for Administrative Punishments

Section 1: Opening a Case [Case Filing]

Article 17: Internet information departments shall promptly investigate and handle the following matters, and complete the "Case Origin Form":

(1) case leads discovered during oversight inspections.

(2) Complaint, appeals, or reports from natural persons, legal persons, or other organizations;

(3) transfers by higher levels or submissions by lower levels for investigation and handling;

(4) transfers by relevant organs;

(5) Discoveries made through other means or channels;

Article 18: The following requirements shall be met when filing an administrative punishment case:

(1) There is conduct suspected of violating laws, regulations, or rules;

(2) administrative punishment shall be given in accordance with law;

(3) It it within the jurisdiction of the department;

(4) It is within the period for giving administrative punishment as prescribed by law.

Where it is eligible for filing a case, a "Case Filing Review and Approval Form" shall be completed and attached to the relevant materials, to be reported within 7 working days to the responsible person for the internet information department to review and file the case, and to appoint two or more law enforcement personnel to undertake the case. In special situations, the time for case filing may be extended to 15 working days.

Where a case is not filed regarding a complaint, collateral appeal, or report, the named complainants, collateral appeal complainants, or informants, shall be informed of the result after it is approved by the responsible party at the internet information department, and a written record of the circumstances relevant to the decision not to file the case is to be made and stored.

Where it is decided not to file a case regarding a case transferred by other organs, the transferring organ shall be informed in writing.

Where a case is not filed or case filing is withdrawn, the persons undertaking it shall draft a "Non-approval of Case Filing Form" or a "Withdrawal of Case Filing Form" , and send it for approval by the responsible party for the internet information department.

Section 2: Investigation and collection of evidence

Article 19: When internet information departments conduct investigation and collection of evidence in cases, it shall be carried out by law enforcement personnel that possess administrative law enforcement credentials. There must be at least two law enforcement personnel and they shall proactively present their law enforcement identification to the parties or other relevant persons. When necessary, specialized personnel may also be hired to assist.

The first time evidence is gathered or collected from a case party, they shall be informed of their right to apply for the recusal of law enforcement personnel.

When evidence is gathered or obtained from relevant units or individuals, they shall be informed of the obligation to truthfully provide evidence. Subjects of investigations or relevant personnel shall truthfully answer questions and assist and cooperate in the investigation, promptly provide relevant materials that were stored in accordance with law such as information released by network operators, information published by users, and log information; and must not obstruct or interfere with the case investigation.

Article 20: Where internet information departments require the assistance of another region's internet information departments for investigation or evidence collection, they shall issue a letter entrusting an investigation. The entrusted internet information departments shall actively provide assistance, and complete the relevant work within 15 working days after receiving the letter commissioning the investigation; where it is necessary to extend the period for completion or there is no way to assist, they shall promptly inform the entrusting internet information departments by letter.

Article 21: Law enforcement personnel shall lawfully collect evidence related to the case, including documentary evidence, physical evidence, A/V materials, electronic data, witness testimony, party statements, appraisal opinions, inquisition records, and on-site investigation records.

Electronic data refers to data formed during the course of the crime, which is stored, processed, or transmitted in digital form, and can prove case facts, including but not limited to webpages, blogs, microblogs, instant messaging tools, forums, post sites, network drives, emails, backhaul networks, and other means of storing electronic information or documents. Electronic data is primarily stored in computer equipment, mobile communications equipment, internet servers, mobile storage media, cloud storage systems, storage media.

Audiovisual information includes both recorded and visual information.

The provisions on electronic data apply to audio or visual materials stored in electronic media.

Article 22: Evidence lawfully collected by internet information departments in the investigation before the case is filed or in oversight inspections, may be used as evidence in the case.

For transferred cases, evidence investigated and collected by the transferring organs in accordance with their duties may be used as evidence in the case.

The evidence shall comply with laws, regulations, and rules on evidence and be verified as true before it can be the basis for determining case facts. Evidence acquired by illegal means must not serve as the basis for determining the case facts.

Article 23: Before a case is filed, the internet information departments may employ measures such as questioning, queries, inspections, evaluations, and collection of evidence, but must not limit the target of the preliminary investigation's rights in person and property.

After internet information departments file a case, they may employ measures such as advance registration and storage of items, equipment, or venues.

Article 24: Internet information departments that question parties or relevant personnel in the course of law enforcement shall draft a record of questioning indicating content such the time, place, subject, and process. The record of questioning shall be given to the subject of the questioning or relevant personnel to check over and confirm.

Article 25: Internet information departments shall conduct inquests or inspections of premises, items, and networks involved in violations; and promptly collect and fix documentary evidence, physical evidence, audiovisual materials, and electronic data.

Article 26: Internet information departments may commission forensic evaluation establishments to issue evaluation opinions on specialized issues in the case; where they are not within the scope of judicial evaluations, they may commission institutions with the capacity and conditions to issue a testing report or inspection report.

Article 27: Internet information departments may obtain evidence that can prove case facts from relevant units and individuals, and may take photographs, or make recordings, copies and reproductions of the materials as necessary.

The collection of documentary evidence and physical evidence shall be of original documents or items. Where it is difficult to collect the original documents or items, the relevant units or individuals that provided the evidence may sign or affix their seal to a reproduction and indicate 'this item was provided by XXX, and has been found to be without error upon comparison with the original document or item" and also note the date it was certified, its disposition, and sign this or affix a seal.

Audiovisual materials or electronic data that are collected shall be the original storage medium or a backup medium. Where it is difficult to collect the original storage medium or a backup medium, a reproduction may be gathered, noting the means of reproduction, the date of reproduction, and the persons who did the reproduction. Collection of voice materials shall have an attached transcript of the voice content.

Article 28: In situations where evidence could be destroyed or where it would be difficult to obtain later, then upon the approval of the responsible party of internet information departments, law enforcement personnel may lawfully register and store in advance items suspected of being involved in the violations such as computers, servers, hard drives, and mobile storage equipment, memory cards; and a "List of Registered and Stored Items" is to be drafted and a "Written Notice of Registration and Storage of Items" is to be issued to the parties. During the period of advance registration and storage, parties and other relevant personnel must not damage, destroy, or transfer the evidence.

When internet information departments carry out advance registration and storage, they shall inform the parties or persons in possession to appear, and indicate the relevant circumstances of implementation in the on-scene record.

Article 29: Within 7 working days, internet information departments shall make the following disposition decisions regarding advance registered and stored evidence:

(1) where it is necessary to employ measures to preserve the evidence, it is to be returned after preservation measures such as recording, reproduction, photographing, or video have been employed;

(2) where it is necessary to inspect, test, or evaluate; it is to be sent to an institution with relevant credentials for inspection, testing or evaluation.

(3) Where the fact of a violation is established and it shall be confiscated in accordance with law, an administrative punishment is to be made in accordance with the legally-prescribed procedures and the illegal items are to be confiscated;

(4) Where the fact of a violation is not established, or the fact of a violation is established but there shall not be confiscation in accordance with law, the advance registration and storage is released.

Where a decision is not issued by the time set, advance registration and storage shall be be released.

Article 30: Internet information departments may employ measures such as the on-site collection of evidence, remote collection of evidence, or ordering relevant units and individuals to fix and submit [evidence] in order to gather or preserve electronic data.

After on-site or remote evidence collection is completed, a "Electronic Collection of Evidence Work Record" shall be drafted.

Article 31: During the course of investigation and collection of evidence, law enforcement personnel shall request that parties sign, leave fingerprints, affix a seal or use other methods to verify records and other materials. Where parties refuse to appear; refuse to sign, leave fingerprints, affix seals, or use other methods of verification; or where there is no way to find parties; two or more law enforcement personnel are to note the reasons on the records or other materials and invite relevant personnel to sign or affix their seal as authenticating witnesses, and may also use methods such as audio or visual recordings to make a record.

Article 32: Internet information departments handling cases on the protection of personal information may employ administrative compulsory measures such as sealing or seizure. The employment or lifting of sealing or seizure measures shall be reported in writing to the principle responsible person for the internet information department, and be upon their approval.

Where the situation is urgent and it is necessary to employ sealing or seizure measures on-site, the law enforcement personnel shall report it to the principal responsible person for the internet information department within 24 hours and complete approval formalities. Where the internet information department' principle responsible person finds that sealing or seizure measures shall not be employed, they shall be immediately lifted.

Article 33: After the case investigation is completed, the persons undertaking the case are to write a Case Disposition Opinion Report.

Where it is found that the fact of a violation is established and that administrative punishment shall be given, write a Case Disposition Opinion Report and a draft administrative punishment recommendation.

In any of the following circumstances, a Case Disposition Opinion Report is to be written, explaining the reasoning for the disposition to be made, and report it for approval to the responsible person for the internet information department, and then one of the following dispositions is to be made based on different circumstances:

(1) Where it is found that the fact of a violation cannot be established, administrative punishment is not to be given;

(2) Where the violation is slight, promptly corrected, and did not cause harmful consequences, an administrative punishment is not to be given;

(3) Where it is a first offense and the harmful consequences were minor and promptly corrected, it is permissible to not give administrative punishment;

(4) Where parties have evidence sufficient to prove they had no subjective fault, administrative punishments are not to be imposed. Where laws and administrative regulations provide otherwise, those provisions control;

(5) where the case is not within the jurisdiction of that department, it shall be transferred to another administrative organ with jurisdiction;

(6) Where the violation is suspected of constituting a crime, it shall be transferred to the judicial organs.

Article 34: When internet information departments conduct case investigations, where there is already evidence proving facts that constitute a violation, they shall order the parties to make corrections or to correct violative conduct within a set period of time.

Section 3: Hearings, Meetings

Article 35: Before internet information departments make the following administrative punishment decisions, they shall inform the parties that they have the right to request a hearing. Where parties request a hearing, they shall submit it within 5 working days of being informed, and the internet information departments shall organize a hearing. Where parties do not request a hearing in the set time, it is viewed as a waiver of the rights.

(1) fines of larger amounts;

(2) Confiscation of larger values of unlawful gains, or confiscation of high-value illegal assets;

(3) Reduction of qualification levels or cancellation of permits;

(4) Orders that operations be stopped, ordering closures, or restricting practice;

(5) Other heavier administrative punishments;

(6) Other situations as provided for by laws, regulations, or rules.

Article 36: Seven working days before the hearing, the internet information departments shall send a written notice of the hearing to the parties and inform the parties and relevant persons of the time and place at which the hearing is to be convened.

A record shall be made of the hearing and given to the parties or their representatives for them to sign or affix a seal after they have verified it as accurate. Where parties or their representatives refuse to sign or affix their seal, those presiding over the hearing are to note this in the record.

Hearings shall be held publicly except where they involve state secrets, commercial secrets, or personal privacy that is to be kept secret in accordance with law.

After the hearing concludes, the internet information departments shall make a decision based on the record of the hearing in accordance with article 41 of these Provisions.

Article 37: Before internet information departments make an administrative punishment decision for the parties, they may follow relevant provisions to meet with them, and make a record of lthe aw enforcement meeting after the meeting is concluded.

Section 4: Administrative Punishment Decisions and Service

Article 38: Before internet information departments make an administrative punishment decision they shall complete an Administrative Punishment Opinion Notification Document to inform the parties of the content, facts, reasoning, and basis of the proposed administrative punishment and notify the parties that they enjoy rights in accordance with law such as to make statements and defenses.

Article 39: The parties have the right to make statements and defenses. The internet information departments shall fully hear the parties, opinions and shall review the facts, reasoning, and evidence they put forth; and where the facts, reasoning, and evidence put forth by the parties is sustained, the internet information departments shall accept them. Where parties have not submitted a statement or defense with 3 working days of receiving the written notification, it will be viewed as waiving these rights.

Internet information departments must not give heavier punishments due to the statements and defenses of the parties.

Where internet information departments and their law enforcement personnel fail to inform the parties of the facts, reasons, and basis for administrative punishments in accordance with these Provisions, or they refuse to hear the statements and defenses of the parties before making an administrative punishment decision they must not make the administrative punishment decision; except where the parties have clearly waived their rights to make statements or defenses.

Article 40: In any of the following circumstances, before the responsible person for an internet information department makes an administrative punishment decision, a legal review shall be conducted by the personnel who conduct such reviews of administrative punishment decisions; and where a review was not conducted or the review was not passed, the decision must not be made:

(1) It involves major public interests;

(2) It is directly connected to major rights and interests of parties or third parties, and following hearing procedures;

(3) The circumstances of the case are challenging and complex, and involve many legal relationships;

(4) Other circumstances where laws or regulations provide that a legal review shall be conducted.

The legal review is to be carried out by the body that the internet information department has indicated is responsible for legal reviews. Personnel of internet information departments who are taking on a legal review of an administrative punishment decision for the first time shall obtain legal professional credentials through the National Unified Legal Professional's Qualification Exam.

Article 41: Proposed administrative punishment decisions shall be reported for review to the responsible person for the internet information department. The internet information department's responsible person is to make distinct decisions as follows based on the differing circumstances:

(1) Where there is truly unlawful conduct for which administrative punishments shall be imposed in accordance with law, an administrative punishment decision is to be made in light of the seriousness and specific circumstances;

(2) Where the violation is more minor, and the law allows that an administrative punishment might not be imposed; do not impose an administrative punishment.

(3) Where a violation cannot be established, administrative punishment is not given;

(4) Where the unlawful conduct is a suspected crime, transfer to the judicial organs.

Article 42: The responsible person of the internet information department shall collectively discuss and decide upon the imposition of administrative penalties for complicated circumstances or major illegal acts. There shall be a written record of decision-making through group discussion.

Article 43: An Administrative Punishment Decision Certificate shall be completed for administrative punishment decisions made by internet information departments issuing administrative punishment decisions.

The administrative punishment decision documents shall indicate the following matters:

(1) the parties' names or entity name, address, and other basic circumstances;

(2) The facts and evidence on the violation of laws, regulations, and rules;

(3) The type and basis of administrative punishment;

(4) The methods and time for enforcing the administrative punishment;

(5) The channels and time limits for applying for administrative reconsideration or for initiating administrative litigation;

(6) The name of the internet information department making the administrative punishment decision, and the date the decision was made.

Where administrative punishment decisions involve the confiscation of related items, the confiscation proofs shall also be attached.

The administrative punishment decision document must bear the seal of the internet information department that made the administrative punishment decision.

Article 44: Internet information departments handling administrative punishment cases in accordance with the ordinary procedures shall make an administrative punishment decision within 90 days of filing the case. Where it is not possible to make a decision within the prescribed time because the case is complex or for other reasons, an extension of 60 days may be given upon approval from the responsible person for the internet information department. Where, after the extension, it is still not possible to make a decision because the case is especially complex or for other reasons, the responsible persons for the internet information department shall collectively deliberate and make a decision on whether to continue the extension, and where deciding to continue the extension shall concurrently determine a reasonable period for the extension.

The time for hearings, inspections, evaluations, administrative assistance, and so forth in the course of handling a case is not calculated in the time periods provided for in the preceding paragraph.

Article 45: The administrative punishment decision shall be handed over to the party at the scene after its announcement; where the party is not at the scene, the relevant provisions of the Civil Procedure Law of the PRC shall be followed to serve the administrative punishment document on the party within seven working days.

Where the party agrees to sign a confirmation, the internet information department may use methods such as fax or email to serve the administrative punishment decision document on the party.

Chapter IV: Enforcement and Case Closure

Article 46: After the administrative punishment decision document is served, the parties fulfill them within the date indicated in the administrative punishment decision document.

Where parties truly have financial hardship, they may submit an application for an extension or for installment payments of fines, and submit written materials. Upon review by those undertaking the case, the period and amounts for the extension or installments are to be determined, and after being reported for approval to the responsible person for the internet information department it may be suspended or paid in installments.

Article 47: Where network operators violate relevant laws, regulations or rules, and it is necessary for competent departments for telecommunications to close down a website, revoke internet information services value-added telecommunications business licenses, or cancel filings, transfer it to the competent departments for telecommunications for disposition.

Article 48: Parties who are unsatisfied with an administrative punishment decision have the right to request an administrative reconsideration or raise an administrative lawsuit in accordance with law.

Where parties are dissatisfied with an administrative punishment decision, and apply for administrative reconsideration or file an administrative lawsuit, enforcement of the administrative punishment does not stop, except as otherwise provided by law.

Where parties request an administrative reconsideration or initiate administrative litigation, additional fines shall not be calculated for the period of the administrative reconsideration or administrative litigation.

Article 49: Where parties but do not perform on administrative punishment decisions in the time required; the internet information department that made the administrative punishment decision may employ the following measures:

(1) Where the fine is not paid when it is due, an additional fine of 3% of the fine is to be imposed daily, but the amount of the additional fine must not exceed the amount of the fine;

(2) Apply for the people's courts to compel performance in accordance with the "PRC Law on Administrative Compulsion".

Where internet information departments approve extensions or payment in installments, the period for applying to the people's court to compel enforcement is to be calculated from the date of the suspension or the end of the period for paying the fines in installments.

Internet information departments applying to the people's courts for compulsory enforcement shall complete an Exhortation to Perform on an Administrative Punishment Decision For format see attachment 15, urging the parties in writing to perform obligations, and informing them of the time and method for performing the obligations, their rights to make statements or defenses in accordance with law, and where additional fines are involved, the amount and method of payment is to be indicated.

Where parties make a statement or defense, the internet information departments shall make a record and review of the facts, grounds, and evidence presented by the parties, and draft a Statement and defense Record, and written Statement or Defense Review Comments. Where facts, reasoning, or evidence submitted by the parties is sustained, the internet information departments shall adopt them.

Where 10 working days after the Exhortation to Perform on an Administrative Punishment Decision was served, the parties still do not perform on the administrative punishment decision, the internet information departments may apply to the people's courts to compel enforcement, and complete a Compulsory Enforcement of Administrative Punishment document.

Article 50: After performance or enforcement of an administrative punishment decision, where cases applying the ordinary procedures have any of the following situations, law enforcement personnel shall complete an Administrative Punishment Case Conclusion Report, and organize and bind the materials related to the case, to be archived and stored.

(1) The performance or enforcement of the administrative punishment decision is complete;

(2) A people's court rules to terminate enforcement;

(3) The case concludes investigation;

(4) A decision provided for in article 41, paragraph 1, items (1) or (2) is made;

(5) other situations where the case should be closed.

After a case is closed, the law enforcement personnel shall make a file and aggregate the case materials in accordance with relevant provisions on archive management. Cases shall be regularly and orderly archived with one case per file and complete materials.

Article 51: Internet information departments shall make a text or audio and video record of the entire process of administrative punishment in accordance with law, including initiation, investigation, collection of evidence, review, decision, service, and enforcement, and shall archive and store the records.

Article 52: Internet information departments shall establish and complete oversight systems for administrative punishments, and the implementation of administrative punishment shall receive societal oversight. Citizens, legal persons, or other organizations have the right to appeal or report internet information departments' conduct in carrying out administrative punishments, and the internet information departments shall earnestly review, and where errors are found, shall proactively correct them.

Chapter V: Supplementary Provisions

Article 53: Time limits in these Provisions that are calculated in times or days, do not include the time and date on which they start. Where the final day on which a time limit is completed is a legally-prescribed holiday, the period is to be completed on the day following the legally-prescribed holiday. Unless otherwise provided by laws and regulations.

Article 54: As used in these Provisions, "more than" [or higher], "less than" [up to], and "within" [between] include the number itself.

Article 55: The state internet information department is responsible for drafting document templates for use in administrative law enforcement. Each provincial, autonomous region, or directly governed municipality internet information department may refer to the document templates to draft document templates for use in their administrative region, and issue these themselves.

Article 56: These Provisions take effect on ___,___ 20__. The Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management published on May 2, 2017 (CAC order No.2) are concurrently revoked.

 

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