The State Administration for Market Regulation ("SAMR") has recently issued the Interim Provisions on Administrative Punishment Procedures for Market Regulation Departments (the "Provisions") and the Interim Measures on Hearings for Administrative Punishment Imposed by Market Regulation Departments (the "Measures"), both of which will go into effect from April 1, 2019.

Encompassing 79 articles in seven chapters, the Provisions expressly state in the Chapter "General Administrative Punishment Procedures" that a market regulatory department shall verify the clues of an illicit act discovered subject to its supervision and inspection authority, or through such means as complaining or reporting, within 15 working days of discovery of the evidence or receipt of materials, and the principal of the market regulatory department shall decide whether to place the case on file; under a special circumstance, the time limit may be extended by another 15 working days upon approval of the principal of the market regulation authority. The Measures are comprised of 35 articles in six chapters, and with regard to the application and acceptance of a hearing, they provide that, in case of four circumstances, such as "where the party concerned will be ordered to halt production and business operations", a market regulation authority shall notify the party concerned of its right to request a hearing, prior to its decision to issue an administrative punishment.

(Source: SAMR )