Order of the National Development and Reform Commission of the People's Republic of China
No. 9
The "Coal 12bet online betting Punishment Measures" were reviewed and adopted at the 7th committee meeting on December 26, 2023，Now announced，Effective from April 1, 2024。
Director: Zheng Shanjie
December 27, 2023
Coal 12bet online betting Punishment Measures
Article 1 To standardize the implementation of coal 12bet online betting penalties，Guarantee and supervise the effective implementation of 12bet online betting management by the coal management department，Maintain public interests and social order，Protect citizens、Legitimate rights and interests of legal persons or other organizations，According to the "Coal Law of the People's Republic of China", the "12bet online betting Penalty Law of the People's Republic of China" and other relevant laws、12bet online betting regulations，Develop these measures。
Article 2 Citizens、Legal persons or other organizations violate coal laws、Regulations、Regulations，Those who should be given 12bet online betting penalties，Implemented in accordance with the procedures stipulated in the "12bet online betting Punishment Law of the People's Republic of China" and these Measures。Law、12bet online betting regulations、Department regulations provide otherwise，Subject to its regulations。
Article 3 Coal Law as referred to in these Measures、Regulations、Regulations，Includes:
(1) Coal Law of the People’s Republic of China;
(2) Coal 12bet online betting regulations formulated by the State Council;
(3) Departmental regulations formulated by the coal management department of the State Council;
(4) Province、Autonomous Region、Local regulations on coal formulated by the Municipal People’s Congress and its Standing Committee；
(5) Province、Autonomous Region、Coal local government regulations formulated by the people's governments of municipalities directly under the Central Government；
(6) Other laws、Regulations、Provisions related to coal in the regulations。Article 4 Coal 12bet online betting penalties follow justice、Principle of openness。Article 5 implements coal 12bet online betting penalties，Correction of illegal behavior，We should insist on combining punishment with education，Combining service and management，Guide and educate citizens、Legal persons or other organizations consciously abide by the law。
Article 6 Coal Management Department of the State Council、The coal management departments of local people's governments at or above the county level are responsible for coal 12bet online betting law enforcement within the scope of their statutory powers，Implement 12bet online betting penalties，Supervision and inspection of coal 12bet online betting law enforcement and 12bet online betting penalties。Entrusted by the coal management department to implement 12bet online betting penalties，Should comply with Article 20 of the "12bet online betting Punishment Law of the People's Republic of China"、Provisions of Article 21。
Article 7 Coal 12bet online betting penalties shall be under the jurisdiction of the coal management department of the people’s government at or above the county level with the power to impose 12bet online betting penalties in the place where the violations occurred。12bet online betting penalties for cases involving violations of laws and regulations across 12bet online betting regions，Under the jurisdiction of the coal management department of the people's government at the same level。Across provinces、Autonomous Region、Municipality 12bet online betting region，The investigation object is the central enterprise headquarters，As well as 12bet online betting penalties for violations of laws and regulations that have a significant impact on the country or the coal industry，Under the jurisdiction of the Coal Management Department of the State Council。
Article 8 If the coal management department of the superior people’s government deems it really necessary，After notifying the coal management department of the lower level people’s government and the parties involved，Can directly have jurisdiction over cases under the jurisdiction of the coal management department of the lower-level people's government。The coal management department of the people's government at the higher level may hand over the cases under its jurisdiction to the coal management department of the people's government at the lower level for 12bet online betting penalties。The coal management department of the lower-level people’s government considers the cases under its jurisdiction to be serious、Difficulties or difficulties in implementing 12bet online betting penalties，You can apply to the coal management department of the people’s government at the next higher level for designated jurisdiction。
Article 9: Two or more coal management departments of the people's governments at the same level have jurisdiction，Under the jurisdiction of the coal management department that first filed the case。Disputes over jurisdiction，Should be resolved through negotiation，Cannot be negotiated，Submit to the coal management department of the common upper-level people's government for designated jurisdiction；It can also be directly designated by the coal management department of the common upper-level people's government。
Article 10 The types of 12bet online betting penalties applicable to these Measures include:
(1) Warning and notification of criticism;
(2) Fines and confiscation of illegal gains;
(3) Order to suspend production and business;
(4) Other 12bet online betting penalties stipulated in laws and 12bet online betting regulations.
Article 11 For more than two violations of coal laws、Regulations、Regulations stipulate behavior，12bet online betting penalties should be determined separately，Merge execution。The same illegal act against the parties，No 12bet online betting penalty of more than two fines shall be imposed。The same illegal act violates multiple legal norms and should be punished with a fine，Punishment according to regulations with higher fine amount。
Article 12 When the coal management department imposes 12bet online betting penalties，No punishment、Left or reduced punishment、Severe punishments，In accordance with relevant laws、Regulations、Regulations Enforcement。
Article 13 The coal management department shall handle cases in violation of coal regulations that are discovered or required to be dealt with in accordance with the law，Should be accepted according to law。The coal management department found that the reported cases accepted were not investigated and dealt with by this department，Should explain to the whistleblower in a timely manner，At the same time, transfer the report letter or record to the department with the authority to handle it。
Article 14 12bet online betting penalty procedures are divided into summary procedures and ordinary procedures。For those who make 12bet online betting penalty decisions on the spot in accordance with the law，Simplified procedure should be applied；Other coal 12bet online betting penalties，Ordinary procedures shall be applied in accordance with the provisions of the "12bet online betting Punishment Law of the People's Republic of China"。
Article 15 Violation of coal laws、Regulations、The regulations stipulate that the facts are conclusive and have legal basis，Penalty to citizens not exceeding 200 yuan、Implementing an 12bet online betting penalty of a fine of less than 3,000 yuan or a warning to a legal person or other organization，12bet online betting penalty decisions can be made on the spot。Law、12bet online betting regulations、Department regulations provide otherwise，Subject to its regulations。12bet online betting penalty decision made on the spot，Should be carried out in accordance with Article 52 of the "12bet online betting Punishment Law of the People's Republic of China"、Implementation of the provisions of Article 53。
Article 16 In addition to the 12bet online betting penalties that can be imposed on the spot as stipulated in Article 15 of these Measures，The coal management department discovers behavior that should be subject to 12bet online betting penalties，Must be comprehensive、Objective、Investigate impartially，Collect relevant evidence；When necessary，Check available。Meet the application criteria，The coal management department should file the case promptly。The investigation and evidence collection and other law enforcement processes shall be carried out in accordance with the "12bet online betting Punishment Law of the People's Republic of China" and other relevant regulations。
Article 17 End of investigation，Law enforcement officers should prepare investigation reports，Should include the basic information of the party under investigation、Facts and evidence verified by investigation、Qualitative opinions on suspected illegal activities、Processing suggestions and legal basis, etc.；Reasons for discretion and other matters that need to be explained。
Article 18 The coal management department shall review the investigation results，According to different situations，Make the following decisions respectively:
(1) There are indeed illegal acts subject to 12bet online betting penalties，Based on the severity of the circumstances and specific circumstances，Make an 12bet online betting penalty decision；
(2) Minor illegal acts，Those who may not be subject to 12bet online betting penalties according to law，No 12bet online betting penalty；
(3) If the illegal facts cannot be established, no 12bet online betting penalty will be imposed;
(4) Illegal acts suspected of crimes，Transfer to judicial authorities。Implement 12bet online betting penalties for complex or serious violations，The person in charge of the coal management department should discuss and decide collectively。
Article 19 Before the coal management department makes an 12bet online betting penalty decision，The parties shall be informed of the content and facts of the proposed 12bet online betting penalty、Reason、Based on，And inform the parties of their legal rights、Defence、Rights to request a hearing。The parties make statements、In defense，The coal management department should fully listen to the opinions of the parties，Facts raised by the parties、Reason and evidence，Should be reviewed；Facts raised by the parties、Substantiated reasons or evidence，Should be adopted。The coal management department shall not act on the basis of the parties’ statements、Plea and impose a heavier penalty。
Article 20 The coal management department plans to make the following 12bet online betting penalty decisions，The parties should be informed of their right to request a hearing，The parties request a hearing，The coal management department should organize a hearing:
(1) Larger amount of fine;
(2) Confiscation of larger amounts of illegal gains;
(3) Order to suspend production and business;
(4) Other serious 12bet online betting penalties;
(5) Law、Regulations、Other situations stipulated in regulations。The parties shall not bear the cost of the hearing organized by the coal management department。The “larger amount” referred to in the preceding paragraph，Local People’s Government Coal Management Department by Province、Autonomous Region、Execution of standards prescribed by the Standing Committee of the Municipal People’s Congress or the People’s Government or its authorized department；The Coal Management Department of the State Council will charge citizens more than RMB 5,000、Execution against legal persons or other organizations exceeding RMB 500,000。
Article 21 One of the following situations，Before the person in charge of the coal management department makes a decision on 12bet online betting punishment，Legal review should be conducted；Without legal review or failure to pass review，No decision allowed:
(1) Involving major public interests;
(2) Directly related to the significant rights and interests of the parties or third parties，Those who have gone through the hearing process；
(3) The case is difficult and complex、Involving multiple legal relationships；
(4) Law、Regulations、Other situations where legal review is required by regulations。
Article 22 The coal management department shall impose 12bet online betting penalties in accordance with the provisions of Article 18 of these Measures，An 12bet online betting penalty decision should be made。The 12bet online betting penalty decision letter shall specify the following matters:
(1) Name, address, etc. of the party concerned;
(2) Violation of coal laws、Regulations、Facts and evidence specified in regulations；
(3) Types and basis of 12bet online betting penalties;
(4) Method and period of implementation of 12bet online betting penalties;
(5) Apply for 12bet online betting review、Methods and deadlines for filing 12bet online betting litigation；
(6) Name of the coal management department that made the 12bet online betting penalty decision and the date of the decision。The 12bet online betting penalty decision must be stamped with the seal of the coal management department that made the 12bet online betting penalty decision。
Article 23 The coal management department shall make an 12bet online betting penalty decision within ninety working days from the date of filing the 12bet online betting penalty case，And the relevant information will be included in the credit record within seven working days after the 12bet online betting penalty decision is made。Law、12bet online betting regulations、Department regulations provide otherwise，Subject to its regulations。
Article 24 The 12bet online betting penalty decision shall be delivered to the parties on the spot after it is announced；The parties involved are not present，The 12bet online betting penalty decision shall be served to the parties within seven working days in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China。The coal management department may send a copy of the 12bet online betting penalty decision to the units and individuals related to the case as necessary。
Article 25 The coal management department makes 12bet online betting penalty decisions that have certain social impact，Should be disclosed in accordance with the law。Public 12bet online betting penalty decision information must not reveal state secrets。Involving business secrets and personal privacy，Should be handled in accordance with relevant laws and regulations。
Article 26 Coal 12bet online betting penalty decisions shall be implemented in accordance with the provisions of Chapter 6 of the "12bet online betting Penalty Law of the People's Republic of China"，The parties shall perform in accordance with the law。
Article 27 The coal management department shall use written documents in accordance with the law、Audio and video and other forms，Initiation of 12bet online betting penalties、Investigation and Evidence Collection、Review、Decision、Delivered、Record the entire process of execution and so on，Archive and save。After the 12bet online betting penalty decision is implemented，Case materials should be submitted according to the principle of one case, one volume，File filing。After filing the case file，Any unit、Individuals are not allowed to modify、Added、Extract case file materials。
Article 28 Province、Autonomous Region、Coal management departments of municipalities directly under the Central Government may follow these measures，Based on the specific conditions of the region，Develop implementation measures，Report to the Coal Management Department of the State Council for filing。
Article 29 These Measures shall be interpreted by the Coal Management Department of the State Council。
Article 30 These Measures will come into effect on April 1, 2024。The "Coal 12bet online betting Punishment Measures" issued by the former Ministry of Coal Industry on May 19, 1997 (Order No. 1 of the Ministry of Coal Industry) is repealed at the same time。
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