The State Administration for Market Regulations (“SAMR”) has recently issued the Interim Provisions on Administrative Punishment Procedures for Market Supervision Administration Authorities (Draft for Comment) and the Interim Measures on Hearings for Administrative Punishments Imposed by Market Supervision Administration Authorities (Draft for Comment) to satisfy the needs of the reforms on market supervision administration system and administrative enforcement system.

The Interim Provisions on Administrative Punishment Procedures for Market Supervision Administration Authorities (Draft for Comment) (the “Procedure Provisions”), comprised of 81 articles in 7 chapters, provides more details on investigations to collect evidence and detailed rules on the collection, access, preparation and preservation of evidence of various types and adds requirements on the time limits for relevant processes of handing cases. The Procedure Provision also proposes mandatory requirements on the publication of administrative punishment decisions and specifies respective ways to serve law enforcement documents of different types.

The Interim Measures on Hearings for Administrative Punishments Imposed by Market Supervision Administration Authorities (Draft for Comment)(the “Hearing Measures”) comprises 36 articles in 6 chapters, setting forth specific rules in terms of legislation purpose, basic principles, scope, application and acceptance of hearings, participants to hearings and their rights and obligations, procedures and requirements on preparation and holding of hearings, circumstances of postpone and termination of hearings and preparation of hearing records and hearing report.

(Source: http://samr.saic.gov.cn/)