09,22,2026 10 views
The newly revised "Administrative Penalty Measures for Ecological Environment" (hereinafter referred to as the new "Penalty Measures") will come into effect on July 1, 2023.
The new "Punishment Measures" is a revision of the "Environmental Administrative Punishment Measures" issued in 2010, with an increase in the number of clauses from 82 to 92. The overall framework remains largely unchanged, with a total of eight chapters.
Specifically, the new "Punishment Measures" have the following key points:
1. Extend the time limit for filing ecological and environmental penalties.Article 18 of the new "Punishment Measures" changes the time limit for filing a case from the original "7 working days" to "within 15 days", and adds a provision that in special circumstances, with the approval of the person in charge of this agency, the deadline can be extended by 15 days.
The time limit for the punishment decision has been changed from "3 months" from the date of filing the case to "90 days".
Article 60 of the new Administrative Penalty Law stipulates that administrative organs shall make administrative penalty decisions within 90 days from the date of filing an administrative penalty case.
Article 57 of the new "Punishment Measures" connects with Article 60 of the new "Administrative Penalty Law" and changes the time limit for making a punishment decision from the original "3 months" from the date of filing the case to "90 days".
At the same time, new provisions have been added stating that "due to the complexity of the case or other reasons, with the approval of the person in charge of the ecological environment department, an extension of thirty days may be granted" and "if the case is particularly complex or there are other special circumstances, and a decision cannot be made after the extension, the person in charge of the ecological environment department shall collectively discuss and decide whether to continue the extension. If a decision is made to continue the extension, the extension period shall not exceed thirty days".
For cases with particularly complex circumstances, the maximum processing time can be up to 150 days, which meets the needs of law enforcement practice. With the rapid development of the economy and society, many industrial enterprises have complex processes and illegal activities are more concealed, requiring longer processing time.
3. The terms "suspension", "testing", "evaluation", and "determination" are not included in the deadline for handling the case.
Article 55 of the original "Measures for Environmental Administrative Penalties" stipulates that "the time for hearing, announcement, monitoring, appraisal, and delivery during the handling of cases shall not be counted towards the deadline.
The new "Punishment Measures" continue to clarify in Article 57, paragraph 2 that "hearing," "announcement," "monitoring," "appraisal," and "delivery" are not included in the deadline for handling cases based on the newly added needs in law enforcement practice in recent years. It also adds that "suspension," "testing," "evaluation," and "determination" are not included in the deadline for handling cases.
4. Clearly define the time limits for statements, defenses, and hearings.
The right to make statements, defend oneself, and have a hearing is an important right of administrative counterparties. The original "Environmental Administrative Penalty Measures" did not specify the time limit for applying for statements, defenses, and hearings.
The new "Punishment Measures" are in line with the relevant provisions of the "Administrative Penalty Law". Article 44 specifies that the time limit for presenting and defending oneself is "within five days after the party receives the notification letter", and requires that "the ecological environment department shall inform the party of the proposed administrative penalty content, facts, reasons, basis, and the rights of the party to present, defend, and request a hearing in accordance with the law before making an administrative penalty decision".
The new "Punishment Measures" clarify the time limit for the hearing in Article 47, which also requires that "the ecological environment department shall notify the parties and relevant personnel of the time and place of the hearing within five days after being notified by the ecological environment department", and require that "the ecological environment department shall notify the parties and relevant personnel of the time and place of the hearing seven days before the hearing is held".
5. Clearly define the period within ten days as working days.
Given that there is always controversy in law enforcement practice over whether a period of less than ten days is defined as a "working day" or a "natural day", Article 85 of the new Administrative Penalty Law clarifies that the provisions of "two days", "three days", "five days", and "seven days" in this law refer to working days, excluding statutory holidays.
Article 69 of the Administrative Compulsory Law also clearly stipulates that "the provision of a time limit of less than ten days in this Law refers to working days, excluding statutory holidays".
Therefore, Article 90 of the new "Punishment Measures" clearly stipulates that the provisions of "three days", "five days", and "seven days" in these Measures refer to working days, excluding statutory holidays.
6. Supplement the types of ecological environment penalties.
The new "Punishment Measures" have added punishment types such as "notification of criticism", "reduction of qualification level", "restriction of production and operation activities", "order to close", and "restriction of employment" in accordance with the provisions of the new "Administrative Penalty Law" on the types of punishment.
At the same time, in accordance with the newly revised ecological environment laws and regulations in recent years, new penalties for illegal activities have been added, including "no application for administrative permits within a certain period of time", "order to stop production and rectify", "order to dismantle within a specified period of time", and "prohibition of employment".
For more information on the new regulations, please visit the website of the Ministry of Ecology and Environment of the People's Republic of China!
